USER CONDUCT

You understand that except for advertising programs offered by us on the Site the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

  • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
    impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
  • utilize advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
  • provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
  • use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors; · unreasonably annoy (particularly with SPAM) any other User;
  • unreasonably annoy (particularly with SPAM) any other User;
  • use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
  • use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
  • provide, post or otherwise distribute, content that contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • provide, post or otherwise distribute, content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
  • provide, post or otherwise distribute, content that violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
  • provide, post or otherwise distribute, content that interferes with any User’s uninterrupted use of the Company website;

WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to.

ANTI-SPAM POLICY

Deep Waters Gaming prohibits any activity commonly referred to as “Spam”. Members who are reported and whose claims of “Spam” are validated by Deep Waters Gamingwill have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Deep Waters Gaming. Additionally, any winnings (if any) may be voided at the sole discretion of Deep Waters Gaming. Deep Waters Gaming defines “Spam” as:

  • Posting and/or sending a single message or messages similar in content, to more than five (5) users and/or posting and/or sending messages to users that violate their rules.
  • Collecting responses from unsolicited e-mail.
  • Sending any unsolicited e-mail that could be expected, in Company’s opinion, to provoke complaints.
  • Sending e-mail with charity requests, petitions for signatures, or any chain mail-related materials.
  • Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
  • Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.
  • Using Company facilities to violate what could reasonably be considered a violation of another Internet Service Provider’s (ISP) acceptable use policy and/or terms of service.

User is further prohibited from the following activities:

  1. Employing any mechanisms, software or scripts when using the Company website. However, the User may use the interfaces or software provided by Company within the scope of the services available on our web site and in accordance with these Terms;
  2. Blocking, overwriting, modifying and copying of any contents of the Company website.
  3. Distributing or publicly disclosing the contents of the website or any of its terms, without written permission from Company, or
  4. Performing any actions that may impair the operability of the Company web site infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software Deep Waters Gaming may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
    • Account Suspension: Upon the receipt of a credible and validated complaint, Deep Waters Gaming may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a “Final” warning and will prevent the member from continuing their abusive “Spamming” behaviour. DEEP WATERS GAMING will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion and may void any associated winnings. The Site reserves the right to lift the suspension of a member at any time, at its sole discretion.
    • Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings.

ABUSE REPORTING

If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to support@deepwatersgaming.com Please refer responsibly.

FORFEITURE AND ACCOUNT SUSPENSION/TERMINATION

Deep Waters Gaming is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member, as well as to ensuring that the Deep Waters Gaming environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the Code of Conduct, these T&C or any other terms or policies that govern the usage of the Site or Services.

As described below, if you are found to be in violation of any of these terms and policies, we may suspend or revoke your account, or the funds in your Account, void your scores, seize funds in your Account to repay members who you have cheated against and/or commence legal proceedings against you. Deep Waters Gaming may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

Deep Waters Gaming reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&C; (ii) you are participating in any attempt to defraud Deep Waters Gaming or the Site through the use of Credit Cards or other methods of payment, regardless of the outcome;(iii) you have failed to honour legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the payments on your account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.

For breaches of the T&C (including the Code of Conduct) that are deemed by Deep Waters Gaming, in its sole discretion, to be unintentional or less serious, first-time offenders may receive an initial warning and may have their account suspended at the discretion of DEEP WATERS GAMING. Repeat offenders will be deemed to be intentionally violating the T&C.

If you are suspected of having violated the rules of Conduct, Deep Waters Gaming reserves the right to suspend your Account, including any access to the Deep Waters Gaming site, or freeze the funds in your Account and any Account balance or withdrawals pending for up to six months while an investigation shall occur.

ACCOUNT TERMINATION

Deep Waters Gaming reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.

By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow Deep Waters Gaming to access your account information to investigate complaints or other allegations of abuse. All won competitions (if any) may be voided at the sole discretion of Deep Waters Gaming.

Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.

TERMINATION

You are entitled to close your Account at any time by contacting Customer Support at support@deepwatersgaming.com Deep Waters Gaming will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your account until such closure has been effected. Deep Waters Gaming is entitled to terminate these T&C immediately on notice (or attempted notice) to you at the email address you have provided.

NO WAIVER IMPLIED

The failure of Deep Waters Gaming to enforce at any time any of the provisions of these T&C, or the failure to require at any time performance by you of any of the provisions of these T&C, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Deep Waters Gaming to enforce each and every such provision thereafter. The express waiver by the Deep Waters Gaming of any provision, condition or requirement of these T&C shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

DISCLAIMER OF WARRANTIES

While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.

Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose.

Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BYLAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.

USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

LIMITATION OF LIABILITY

YOU AGREE THAT DEEP WATERS GAMING WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEEP WATERS GAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, DEEP WATERS GAMING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF DEEP WATERS GAMING  SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY PAYMENT OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST DEEP WATERS GAMING, OR (II) US$100.00.

INDEMNIFICATION

BY REGISTERING AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DEEP WATERS GAMING, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). DEEP WATERS GAMING RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT DEEP WATERS GAMING’S PRIOR WRITTEN APPROVAL.

HACKING, TAMPERING OR UNAUTHORIZED ACCESS

By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account. Any attempt to gain unauthorized access to the Site’s systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site 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 offered on the Site by means of automatic,macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.

ARBITRATION

PLEASE NOTE: Any dispute relating in any way to Your visit to the Website shall be submitted to confidential arbitration in England except that, to the extent You have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the English courts. You and the Company agree that any Dispute between You and the Company shall be resolved exclusively and finally by arbitration administered by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators, using interpretations under English law, and conducted under its rules, except as otherwise provided below. The arbitration will be limited solely to the Dispute between You and Provider. The arbitrator may award reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between you and the Company.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions or Privacy Policy must be filed within ONE YEAR after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral,regarding such subject matter. Any waiver of any provision of the Terms and Conditions or Privacy Policy will be effective only if in writing and signed by Provider.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT