1. GENERAL INFORMATION
1.1 Terms and Conditions
Creating an an account or using any other service offered by jademahjong.com consitutes your knowledge, acceptance and agreement to be bound by these Terms and conditions. We may modify these Terms and conditions at anytime, your usage of the site following any modification is taken as your acceptance of the up to date Terms of Service. You are responsible for checking for such modifications.
1.2 Governing Law
These terms and conditions are to be governed and construed by the laws of the United Kingdom irrespective of conflicts of law.
By registering for an account and/or participating in any service offered on the site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of group litigation. You further agree that any legal action arising from any dispute shall proceed only in the courts of the United Kingdom, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
1.4 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.5 Games of Skill
We may offer qualified players who register with us the opportunity to participate in skill based prize competions. We typically charge an entrance fee to participate in these tournaments and provide cash or merchandise to the winners in accordance with the rules of the particular tournament. We do not offer games of chance or any other forms of gambling and any use of the site for gambling purposes is strictly prohibited and will result in the termination of your account and forfeiture of any prizes to which you are otherwise entitled. You may also subject yourself to civil liability or criminal prosecution.
1.6 Company Information
jademahjong.com is 100% owned and operated by Joyplay Ltd,
4A Church Court, Richmond-upon-Thames, TW9 1JL, United Kingdom
2. CONDITIONS AND OBLIGATIONS
2.1a Eligibility (United Kingdom)
To participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.K. citizen or resident alien with a U.K. address;
c) be physically located within the U.K.;
2.1b Eligibility (United States)
To participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments with prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1c Eligibility (Non-U.K excluding United States)
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to use the Site and/or participate in any tournament or other service offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right to monitor the location from which you access the Site and to block access to specific services from any jurisdiction in which participation in the service is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.
You remain solely responsible for paying all taxes or similar payments required in accordance with the laws that apply in your state, province, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any services offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the �Trademarks�) displayed on the Site, including the names of all games, puzzles and services and are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless jademahjong.com and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
2.5 User content
By registering for an account, you agree that the Site may display your username, tournament records, non private uploaded user content including your picture and videos and other content created by you the user on the website within in the Site it provides.
2.6 Submissions
Once you post or send any Content to jademahjong.com, you expressly grant jademahjong.com the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in jademahjong.com's discretion, and without any notice or compensation to you of any kind.
2.7 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.
2.8 Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. jademahjong reserves the right to contact registered users via email to make them aware of offers and events.
2.9 Recommended System Configuration
The site will function better on a faster computer system with a high speed internet connection. If a user feels their computer system is not fast enough to run the site they should cease to use the site. The site is not responsible for any loss of funds that many occur as a result of a users insufficent computer performance and/or slow internet connection.
2.10 ONLINE CONDUCT
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless jademahjong.com, its parent, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on jademahjong.com, including any Content that you contribute. Online conduct should be guided by common sense and basic etiquette. You will violate the Terms and Condition of the service if you (or others using your Account) do any of the following:
2.12 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as �Spam�. Users who are reported and whose claims of �Spam� are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. The Site defines �Spam� as:
The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: info@jademahjong.com Please refer responsibly!
2.13 Limitations on Participation
You may establish only one player account per person, and up to two player accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one player account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the UK.
The Site may impose currency amount limitations on the credit card transactions or other methods used to fund your activities on the Site. The Site may also impose limitations on the net currency amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these currency amount limitations at any time. The Site reserves the right to set expiration dates or other limits on promotional credits.
Players be restricted to access or take part in specific services of the site, inlcuding but not limited to tournaments if we feel it's needed to maintain the integrity and overall fairness of the site.
2.14 Abuse
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to government authorities in accordance with the relevant legislation. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.
2.16 APPROPRIATE ONLINE CONTENT
By "Content," we mean all software, images, sounds, communications and all the material and information you see on our Service. jademahjong.com does not pre-screen all Content available on our Service. jademahjong.com does not assume any responsibility or liability for Content that is provided through jademahjong.com or accessible from jademahjong.com. jademahjong.com does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. We reserve the right to remove Content that is objectionable to us for any reason. Neither jademahjong.com nor its affiliates assume any liability for any failure to remove, or any delay in removing, Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on our Service.
Members and other guests may generate Content by uploading images, in chat rooms, message boards, within games and other additional ways. Ultimately you are responsible for any content you submit to jademahjong.com. Your Content must reflect our standards, and we may remove it if, in our best judgment, it does not meet those standards. When we do, if you are a Member, you may receive a warning from us if your Account (described in the Membership Agreement) was responsible for posting the offensive Content. If it's a serious offense or you've violated our rules before, we may ban you from participating on jademahjong.com and terminate your Member Account and IP address as we see fit.
Content standards may vary depending on where you are on jademahjong.com, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives and even a possible adult theme. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are offensive and always inappropriate Content for jademahjong.com. In other cases, there may be "gray areas". Always use your best judgment. If you would not say something in a room of people you have never met, or in the workplace, please don't post it on our message boards or chat. jademahjong.com makes the final determination about whether Content is objectionable or not. This determination is in our sole discretion, and is final.
jademahjong.com representatives may monitor your communications on jademahjong.com. But, because we cannot monitor all of the Content on jademahjong.com, and we do not attempt to do so, you might encounter something you don't want to see. You can report it to the support e-mail address for the area in which the incident occurred. Some of the areas on jademahjong.com allow you to filter the chat you see. You can use this feature to reduce your exposure to words you do not wish to see. Reading the game help documents, or asking our jademahjong.com staff members or other players in the game is a great way to learn how to use these tools. (Remember: jademahjong.com staff members will not ask you for your password or account information.) Your good judgment in making reports, particularly about the opinions of others, is important and appreciated. jademahjong.com does not endorse or oppose the opinions of any Member or guest, but we may take issue with the manner in which an opinion is expressed
2.17 THIRD PARTY CONTENT We may include hyperlinks to web sites operated by parties other than jademahjong.com., including advertisers and other content providers. Those sites may collect data or solicit personal information from you. jademahjong.com does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
3.1 Deposits to Your jademahjong Account You may deposit funds in your jademahjong Account by using any of the methods of payment under the deposits area. The debit will appear on your credit card statement as "jademahjong LONDON ". jademahjong Account balances are kept in "points" at a fixed exchange rate of 100 points to $1 United States Dollar. We may credit your account with promotional points when you deposit cash to your jademahjong Account. You may use promotional points for tournament entry fees but may not withdraw promotional points.
3.2 Withdrawals from Your jademahjong Account You may withdraw funds from your account at any time to the extent of your cash winnings and the amount of cash deposited in your jademahjong account. You may not withdraw promotional points. To make a withdrawal, just click the "My Account" button at the top of every jademahjong page, and then click "Make a withdrawl." Your withdrawal will be in the form of a check or by using the PayPal.com money transfer mechanism. We will use our best efforts to process withdrawals within 14 days. Checks will be mailed only to the billing address of the account. Withdrawal checks are issued in U.S. dollars. We charge a fee of $1.00 for withdrawals by check to cover the processing costs, mailing and bank fees. Payments via Paypal will be sent to your default email address.
3.3 Maintaining Player Accounts; Inactive Accounts We will maintain your player account. You can check on your account balance by clicking on the "My Account" button. We will display the amount of points in your jademahjong Account and the amount of promotional points. You will not be paid any interest on your player account. If your account is inactive for 90 consecutive days, we will begin charging a maintenance fee of $2.00 per month. We will notify you by sending an e-mail to the e-mail account you provided when you created your jademahjong account, no later than 6 days prior to the date the maintenance fee is due to take effect. If you enter a cash tournament or otherwise use your account before the 90th day, no maintenance fee will be charged.
4. Prize tournaments
Some of the games available on jademahjong can be played as a tournament against one or more other players.
4.1 Prizes The results of all tournaments we offer depend both on the number and skill level of the players participating in such tournaments; therefore the precise mathematical odds of winning, ignoring the skill element, are unavailable. Prizes are generally cash amounts that are deposited directly into winners' accounts or merchandise that will be sent to the winners. The cash value of prizes offered in Limited Entry Prize Tournaments will be disclosed at the beginning of such tournaments. If a Limited Entry tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be proportional to how many players were participating at the time of closing. The cash value of prizes offered in Progressive Jackpot Tournaments will depend on the number of participants participating in the particular tournament and therefore will not be available until the tournament has ended. If a Progressive Jackpot Tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be proportionality reduced based on the amount of time that elapsed at the time of the closing as compared to originally scheduled length of time for the tournament.
4.2 Determination of Winners; Winners Lists We will determine the results and winners of each tournament we offer. By registering and/or participating in any tournament, you agree to be bound by these determinations. We will post lists of winners on the site following each tournament.
4.3 Game Rules Rules for each specific tournament we offer can be found in the Game Rules section, which shall be deemed to be incorporated into these Terms and Conditions.
4.4 Merchandise Prizes - General Disclaimer The terms and conditions for tournaments with merchandise prizes are the same as cash prize tournaments, with the following exceptions: 4.4.1 Substitution We have the right to substitute the cash equivalent for any merchandise prize if a prize has become unavailable, or if there are difficulties in shipping. Players cannot return or exchange prizes for game or cash credits. 4.4.2 Limits of Play A player who wins 1st place in a Progressive Merchandise tournament or in an Unlimited Entry Merchandise tournament may be prohibited from playing in other Progressive or Unlimited Entry Merchandise tournaments at our sole discretion. More specific information may be provided in the rules of each tournament. Further, at our sole discretion, we reserve the right to prohibit any player from the same household or computer address from playing in like tournaments. Also, unless otherwise stated in the tournament rules, two players from the same household or who share a computer address cannot both win a prize in a Progressive Merchandise or Unlimited Entry Merchandise tournament. In such a case, the higher-scoring player will appear on the Leader Board and receive the prize; the other player will not appear on the Leader Board. 4.4.3 Ties The disposition of prizes to players with the same winning scores will be awarded to the player who first posts the winning score unless otherwise specified in the tournament rules. 4.4.4 Taxes As with our cash prize tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer's Suggested Retail Price, or our acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as a winning, and will be deducted from your account as a withdrawal (corresponding to the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase. 4.4.5 Delivery Time Unless otherwise specified in your winner email, merchandise will ship within 30 days from the end of the associated tournament. 4.4.6 Warranties Except to the extent merchandise is covered by a manufacturer's warranty, merchandise is offered "as is" and we are not responsible for any defects or repairs. 4.4.7 Travel Prizes Prizes involving travel and tourism will be from a specified list of cities. Any winner who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Winners must provide all Information requested by the travel provider, such as the names and ages of all travelers, departure city, and, if applicable, choice of travel dates within the time limit set by said provider, or the prize may be voided.
4.5 Returns of goods, refunds and cancellations A player's entry fee into a prize tournament cannot be cancelled or refunded once the transaction is confirmed. Players can dispute the result of tournament as described in section 4.6 of this document but have no automatic right to a refund or cancellation.
4.6 Disputes and arbitration In the event of a dispute arising between players over the result of a prize tournament, we will act as the final arbitrator in deciding the final outcome. jademahjong.com will try to resolve the dispute in what it believes is the fairest way possible. Players entering tournaments agree to accept the decisision of jademahjong.com in any such disputes as final.
5. LIMITATIONS ON WARRANTY AND LIABILITY
5.1 General Disclaimer BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT WE OFFER, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF OUR TOURNAMENT. YOU FURTHER AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM US. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR PARTICIPATION IN TOURNAMENTS WE OPERATE. In case of a malfunction or disruption of service for which we are responsible that prevents you from completing a tournament in which you have begun to participate, we will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament only. We reserve the right to determine, in our sole discretion, whether we are responsible for any such malfunction or disruption. We also reserve the right to limit your tournament play or terminate your account should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any potential winnings from any unfinished tournament.
5.2 No Warranty ALL GOODS AND SERVICES WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE" , WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. jademahjong.com PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT jademahjong.com WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH jademahjong HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
5.3 Credit Card Use You agree that we are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your participation in our tournaments. Any attempt to defraud us through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.
5.4 Hacking, Tampering, or Unauthorized Access By registering for an account and/or participating in any games or tournaments we offer, you agree that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of our games or tournaments. Any attempt to gain unauthorized access to our systems or any account, interfere with our procedures or the performance of games or tournaments, or deliberately damage or undermine us is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any tournament we offer by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to us, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.
5.5 Accounts for Individual Use Only You, as the holder of your account, are solely responsible for all obligations and entitled to all benefits therefrom, and may not allow any other person to access your account, access our games or tournaments, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament we offer, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.
5.6 Account Termination We reserve the right to terminate your account or decline or limit your participation in any tournament for any reason, including, but not limited to harassment of other participants, posting of objectionable material, creating multiple accounts, game fraud, or any breach of the terms of the agreement between you and us, and any breach of the security of your account or us. By registering for an account and/or participating in any tournament we offer, you consent to allow us to access your account information to investigate complaints or other allegations of abuse. All charged monies (deposits), less tournament entries and withdraws, will be returned to the player. All winnings will be voided. The individual will be prohibited against any future membership, and the individual will lose the right to compete in any tournament play.
5.7 Account Suspension We reserve the right to lift the suspension of a user at any time, at our sole discretion. Upon the receipt of a credible and validated complaint, we may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. We will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion.
If you have questions about any of this document, please contact us by sending an email to info@jademahjong.com