1. Description of ServiceStrokeWars.com is providing Member with a service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of WarrantiesThe site is provided by StrokeWars.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, StrokeWars.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. StrokeWars.com shall have no liability for any interruptions in the use of this Website. StrokeWars.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3.Limitation of LiabilityStrokeWars.com shall not be liable for any damages whatsoever, and in particular StrokeWars.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if StrokeWars.com has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
4. IndemnificationMember agrees to indemnify and hold StrokeWars.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to ServiceStrokeWars.com reserves the right to modify or discontinue the Service with or without notice to the Member. StrokeWars.com shall not be liable to Member or any third party should StrokeWars.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that StrokeWars.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Disclaimer Regarding Accuracy of Vendor InformationProduct specifications and other information have either been provided by the Vendors or collected from publicly available sources. While StrokeWars.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. StrokeWars.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Compliance with LawsMember assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark InformationAll content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2008 by StrokeWars.com, with all rights reserved, or is the property of StrokeWars.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of StrokeWars.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of StrokeWars.com.
StrokeWars.com is a proprietary mark of FantasyMania, LLC. StrokeWars.com's trademarks may not be used in connection with any product or service that is not provided by StrokeWars.com, in any manner that is likely to cause confusion among members, or in any manner that disparages or discredits StrokeWars.com.
All other trademarks displayed on StrokeWars.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with StrokeWars.com.
11. Notification of Claimed Copyright InfringementPursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, StrokeWars.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Email: admin@StrokeWars.com
12. BotnetsStrokeWars.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, StrokeWars.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.
15. OTHER LEGAL RESTRICTIONS15a. CONTEST OF SKILL
Contests offered on the Website are contests of skill. Winners are determined by the objective scoring criteria described in the Contest Rules and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant golf information and fantasy golf rules to accumulate the best score according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.
15b. CONTEST STATISTICS AND LIVE SCORING
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the StrokeWars Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the final results of our Contests. While StrokeWars uses reasonable efforts to include accurate and up-to-date information, StrokeWars does not warrant or make any representations of any kind with respect to the information provided through the StrokeWars Website. StrokeWars shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the StrokeWars Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
15c. CONTEST RESULTS
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in StrokeWars' sole discretion.
StrokeWars reserves the right, in its sole and absolute discretion, to deny any member the ability to participate in contests for any reason whatsoever. Further, StrokeWars may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
At the conclusion of each Contest, prizes will be awarded by 12:00 NOON EST on the following day except in circumstances where technical failure, inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely payout. Prizes won are added to the winning participants credit balance. Ties are subject to the Rules of the particular Contest that applies.
15e. PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the Stroke Wars Website.
Before making any payment, StrokeWars may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If StrokeWars requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or StrokeWars otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, StrokeWars reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, StrokeWars may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.
All withdrawal requests are paid by CHECK or PAYPAL within 14 business days. Checks are sent via U.S. Mail. Proof of Paypal account ownership is required prior to PAYPAL withdrawals. Promotional deposits, credits, and other bonuses may not be withdrawn from a StrokeWars account unless appropriate terms of the promotion are achieved first by the user. In order to receive withdrawals via Paypal, the entrant's registered StrokeWars email address must match their Paypal email address.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, StrokeWars reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that StrokeWars reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
StrokeWars will take appropriate steps to prevent unauthorized withdrawals from member accounts. All members are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever attempting to withdraw funds. This process asks a series of at least four multiple choice questions about the person’s life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a member, FantasyMania, LLC can and does require its members to produce a copy of their driver’s license, credit cards, utility bills or passport for identity verification. If a member cannot validate their identity and account, FantasyMania, LLC will not release the funds from the account.
Players who believe that funds held by or their accounts with StrokeWars have been misallocated, compromised or otherwise mishandled, may register a complaint with FantasyMania, LLC online by e-mailing email@example.com. StrokeWars shall use its best efforts to respond to such complaints within ten (10) days. If StrokeWars determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for StrokeWars to process the complaint, the response will note the form and nature of the necessary additional information needed.
Declaration and payment of all income taxes associated with contest winnings are the sole responsibility of the contest winner, and failure to pay applicable tax liabilities may result in civil penalties or criminal liability. StrokeWars collects tax forms from customers in order to comply with informational tax reporting requirements. StrokeWars issues form 1099-MISC to customers with reportable income of at least $600 in any calendar year.
All deposits on your account must be made from sources in your name only. Users may not share payment methods between StrokeWars accounts. Deposits made on our site will appear on your paypal or credit/debit card statement as *STROKE WARS.
15i. Signup Bonuses, Coupons & Coupon Terms
StrokeWars reserves the right to offer giveaways for new and existing members as well as coupons that can be used towards entry into StrokeWars contests. Any StrokeWars member that receives a signup bonus or uses a coupon code towards a deposit must enter the total equivalent value in contests to the total deposit or signup bonus including the bonus amount received upon signup or usage of the coupon before withdrawing from their account. For example, if a member uses a "Deposit $100, Get $10 Free" coupon and receives $110 for a $100 purchase, that member must enter into 1 or more contests totaling $110 or more before being able to withdraw from their account. If a new member receives a $1 signup bonus, that member must play in 1 or more contests totaling $1 before being able to withdraw from their account. Signup bonuses and coupon codes may only be redeemed by 1 member at an individual household, family or IP address. Those found to be creating multiple accounts in order to take advantage of signup bonuses and/or coupon codes will be banned from the Website and will not be able to withdraw any money from their account.