The Gamers International website (www.gamers65.com) is owned and
operated by Gamers International Limited. Use of www.gamers65.com
is subject to these Terms of Service, including the Member Account
Policy / the Privacy Policy and the Code of Conduct.
Member Account Policy
Privacy Policy
Code of Conduct
Eligibility
Participation in the activities available on www.gamers65.com is
open to all individuals who are eighteen (18) years of age or
older. www.gamers65.com is void where prohibited or restricted by
law and the Company reserves the right to deny access to
www.gamers65.com to anyone at its sole discretion.
User Accounts
Each visitor ("User") to www.gamers65.com may have one single
player account. A Member User Account ("Member Account") will allow
an individual to enter cash tournaments. On first signing up on
www.gamers65.com an individual will create an account by providing
an alias that will be their user name, a password, email address,
date of birth and gender. Pursuant to our Code of Conduct,
offensive or inappropriate user names will not be permitted.
As described in greater detail in the Code of Conduct, if an
individual wishes to create a new player account, Customer Care
must be notified. If Gamers International Ltd. determines that you
have more than one account, all accounts created subsequent to the
first account may be automatically suspended or cancelled without
notice. Continued violation of the Code of Conduct, including the
creation of more that one player account, may result in the
termination of all player accounts.
All member accounts are non-transferable. No user should allow any
other individual to access their player account or use their player
account to access the www.gamers65.com in order to participate in
any tournament or game, or to accept any winnings related to their
player account. By creating a member account, each User is deemed
to declare that he or she has fully complied with and agrees to be
bound by these Terms of Service and agrees, on behalf of
himself/herself and his or her heirs, executors and administrators
to release the Company and its affiliates, agencies and/or
representatives from all liability, claims and demands arising out
of his or her use of www.gamers65.com.
Gamers65.com
Each game offered on www.gamers65.com is a game of skill where the
outcome is determined by the participants' skill rather than chance
or luck. Any and all references in these Terms of Service or on
www.gamers65.com to "pots", or similar terms are solely for
instructional or illustrative purposes and do not imply unlawful
gambling. Each game or tournament offered on www.gamers65.com is
subject to its own rules, including rules related to tie breaking.
Full rules for each game offered on www.gamers65.com are available
here. These rules are deemed to be incorporated into these Terms of
Service.
The Company in its sole discretion will determine the results and
winners of each game or tournament available on www.gamers65.com.
In the event of a dispute relating to a Gamers International Ltd
game or tournament, including issues relating to a User's
compliance with these Terms of Service (including the Code of
Conduct), each User agrees to be bound by the decision of the
Company's Customer Care and Fraud Department, which are final in
all respects.
To play games on www.gamers65.com, a personal computer is required
which meets the minimum technical requirements as described in the
FAQ on www.gamers65.com.
No Warranties
The Company assumes no responsibility for: (i) games or
tournaments that are interrupted for any reason including, for
example, due to the malfunction of computer equipment, data or
software; (ii) activity on player accounts as a result of lost or
stolen account or password information; (iii) the failure,
interruption, technical malfunction or delay of any email or other
communication to be received by the Company or www.gamers65.com for
any reason; (iv) any incorrect or inaccurate information, whether
caused by equipment or programming associated with or utilized in
www.gamers65.com or by any technical or human error which may occur
in the processing of information that is provided on
www.gamers65.com.
The Company assumes no responsibility, and shall not be liable
for, any malicious code, including computer viruses, that may
infect your personal computer or related equipment, or any other
damage to your personal computer or related equipment, as a result
of your access to, use of, or browsing of www.gamers65.com or
downloading of any materials, data, text, images, video or audio
from www.gamers65.com.
Although the Company intends on making www.gamers65.com available
24 hours per day, seven days per week, there can be no assurance
that www.gamers65.com will be available without interruption. The
Company reserves the right to cancel, terminate or suspend
www.gamers65.com in whole or in part at any time.
WWW.GAMERS65.CO.UK AND THE GAMES AND INFORMATION AVAILABLE ON IT
ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSABLE UNDER
APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION
REGARDING THE USE, OR THE RESULTS OF THE USE, OF WWW.GAMERS65.CO.UK
AND THE GAMES AND INFORMATION AVAILABLE ON IT WITH RESPECT TO THEIR
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU.
BY CREATING A PLAYER ACCOUNT, YOU AGREE THAT IN NO EVENT WILL THE
COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, AGENTS OR
REPRESENTATIVES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING
FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS, OF
WWW.GAMERS65.CO.UK, INCLUDING INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR BUSINESS
INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND
NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE WWW.GAMERS65.CO.UK, EVEN IF THE COMPANY OR
AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE
LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO
WWW.GAMERS65.COM EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN ENTRY
FEES ON WWW.GAMERS65.CO.UK IN THE TWELVE MONTHS PRECEDING ANY CLAIM
FOR DAMAGES.
User Representations:
By creating a Gamers65 member account, each User agrees to the
collection, use and disclosure of their personal information as
described in the Privacy Policy below, which is incorporated into
these Terms of Service.
By creating a Gamers65 player account, each User agrees to the
terms of the Code of Conduct below, which is incorporated into
these Terms of Service.
Please note that www.gamers65.com may not be legal in all
jurisdictions.
USA states prohibited for cash games - Alaska,
Arizona,Arkansas,Connecticut,Delaware,Florida,Illinois,
Iowa,Louisiana,Maryland, Missouri,Montana, South Carolina,South
Dakota, Tennessee,Vermont.
By creating a member account, you represent that your
participation in www.gamers65.com (whether as a User with an
Account) is subject to all laws of the jurisdiction in which you
reside and from which you access www.gamers65.com and that you are
solely responsible for obeying those laws. You agree that the
Company cannot be held liable if laws applicable to you restrict or
prohibit your participation in the activities available on
www.gamers65.com.
Amendments to Terms of Service
The Company reserves the right to amend the www.gamers65.com Terms
of Service at any time. Your continued use of www.Gamers65.com
following such modifications signifies your acceptance of those
modifications. You are responsible for reviewing these Terms of
Service periodically for any such modifications. These Terms of
Service are in effect as of August 2010.
Severability and Headings
If a court of competent jurisdiction determines that any provision
of these Terms of Service is unenforceable, all other provisions
will remain in full force and effect and the unenforceable
provision will be deemed severable from these Terms of Service and
shall not affect the validity and enforceability of the remaining
provisions. The headings provided in these Terms of Service are for
convenience only and will not be used in interpreting or construing
these Terms of Service.
Choice of Law and Arbitration
These Terms of Service shall be governed by english law, without
reference to provisions relating to conflict of laws, and you
acknowledge that by registering for a Member Account, you further
agree that any dispute that cannot be resolved between the Company
and yourself shall be resolved individually, without resort to any
form of class action. You further agree that any legal action
arising from any dispute relating to these Terms of Service and/or
your use of www.gamers65.com shall be conducted in the courts
located in the city of London , and you hereby irrevocably submit
to personal jurisdiction and venue in such courts for the purposes
of litigating any such action.
Eligibility
Where Prohibited by Law
As described above, to create a Member Account, you must not
reside in a jurisdiction or be subject to the laws of a
jurisdiction where participation in www.gamers65.com is prohibited
or restricted by law. This is because www.gamers65.com is void
where prohibited or restricted by law. Individuals residing in a
jurisdiction where the creation of a Member Account is prohibited
or where the use of www.gamers65.com is prohibited are not eligible
to create a Member Account, participate in games on
www.gamers65.com or receive any winnings. You are subject to all
laws of the state, province and/or country in which you reside and
from which you access www.gamers65.com and are solely responsible
for obeying those laws. You agree that the Company cannot be held
liable if laws applicable to you restrict or prohibit your
participation. The Company makes no representations or warranties,
implicit or explicit, as to your legal rights or restrictions with
respect to your participation in any game or tournament offered on
www.gamers65.com nor shall any person affiliated or claiming
affiliation with the Company have authority to make any such
representations or warranties.
The Company reserves the right to monitor the location from which
you access www.gamers65.com and to block access from any
jurisdiction in which participation may be illegal or restricted in
the Company's opinion. The Company may require any participant
receiving any winnings to provide Gamers International Ltd with
proof that he or she is eligible to participate as specified
above.
Accuracy of Information
You represent and warrant that all information you supply to the
Company is complete and accurate. Please carefully review all the
information that you are using to identify yourself and payment
methods you are intending to use in conjunction with your
activities on www.gamers65.com (credit cards, debit cards,
Moneybookers accounts,etc.). You may be required to confirm your
identity and personal information by providing additional
verification documents as reasonably requested by the Company,
including when you withdraw funds, as described below. Your
inability to provide such verification documents could result in
your access to www.gamers65.com being suspended and all funds in
your Member Account being locked for a period of up to 6 months to
allow for further investigation. Knowingly submitting incomplete or
inaccurate information may result in immediate termination of your
Member Account and forfeiture of deposits or any winnings to which
you are otherwise entitled.
Deposits
To create a Member Account and participate in a Cash Game, you
will be required to pay funds into your member Account. The Company
and/or its agents will deposit such funds into your Member Account
upon actual receipt of funds. Minimum and maximum limits may be
applied to the payments into your Member Account, depending upon
your history with www.gamers65.com, the method of deposit, and
other factors as determined solely by the Company. The Company is
not a bank and funds are not insured by any government agency. No
interest is payable on amounts on deposit in your Member Account.
All payments into your Member Account must be from a payment source
on which you are the named account holder. Gamers International Ltd
will accept the following currency (Sterling - Euro's - US dollars)
The Company may, but is under no obligation to, impose limits on
the net currency amount you may lose on www.gamers65.com in any
calendar month; should your losses reach the designated limit, your
ability to play Cash Games offered on www.gamers65.com will be
restricted until the beginning of the next calendar month .The
Company reserves the right to impose or change these currency
amount limitations at any time. The Company also reserves the right
to require you to confirm or validate any or all deposits
previously made to your Member Account. You acknowledge that in the
case of a dispute, your validation may be used by the Company as
evidence of your deposits.
Third Party Payment Processors
The Company uses third-party electronic payment processors and
financial institutions ("Payment Processors Moneybookers") to
process deposits and withdrawals into and from your Member Account.
The information that we provide to and receive from these Payment
Processors and the manner in which such information is used and
disclosed is described in further detail in the Privacy Policy. You
irrevocably authorise us, as necessary, to instruct such Payment
Processors to handle Member Account deposits and withdrawals from
your Member Account and you irrevocably agree that the Company may
give such instructions on your behalf in accordance with your
requests as submitted through www.gamers65.com , or via
instructions to Customer Care. You agree to be bound by the terms
and conditions of use of each applicable Payment Processor, and in
the event of a conflict between these Terms of Service (including
the Member Account Policy) and the Payment Processors' terms and
conditions then these Terms of Service shall prevail. You agree
that the Company is 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 use of www.gamers65.com,
except as a result of the gross negligence of the Company or its
employees.
Currency
All references to currency on www.gamers65.com are to Sterling -
Euros - Dollars (USD). All transactions (including purchases, entry
fees, deposits and withdrawals) will be denominated in your chosen
currency.
Entry Fees and Prizes
When a User participates in a Cash Game, the entry fees for such
Cash Games are immediately deducted from such User's Member Account
balance. These funds paid by the User represent a payment to the
Company made solely for facilities provided by www.gamers65.com for
the playing of the Cash Game. By participating in a Cash Game and
paying this fee to Gamers International Ltd, each User acknowledges
that the Company for such services holds these funds and that the
User grants an irrevocable authority to pay the winner of the Cash
Game the prize associated with such Cash Game.
Users must also be aware that the total entry fees paid by Users
in any given Game are not paid out as prizes as Gamers
International Ltd retains part of the entry fees as a service fee
on all Cash Games played. This fee(20%) is paid by you and
allows for hosting the continued service and maintenance of
www.gamers65.com and the development of additional content for
existing Gamers65.com titles and new Gamers65.com titles in the
future. The amount of the prize (or prizes) for each Cash Game is
displayed in the "My account" window and varies depending on the
Cash Game being played, the size of the entry fees, the number of
prizes and the number of people playing in the Cash Game. At
present, the cash prizes in each game or tournament represent 75%
of the total entry fees this is not paid to us,this goes into the
prize pots to be paid out to the winners. This is subject to change
from time to time by the Company without notice to you.
Game Credits
We may from time to time offer Member Account holders
complimentary or bonus credits such as promotional credits (any
such amounts, "Game Credits") to be credited into your Member
Account.
Please Note: Game Credits cannot be withdrawn. Instead, they can
be used to pay entry fees for Cash Games; any cash won during those
Cash Games is real cash that you can withdraw from your winnings
credit tab.
Although your Member Account contains both Game Credits and a cash
balance, Game Credits are separate from your cash balance and
CANNOT be cashed out. Instead, they will be used in conjunction
with your cash balance to pay entry fees for Cash Games. All prize
money earned from games where Game Credits are involved will be
credited to your Member Account as real cash and can be cashed
out.
Each Game Credit promotion is limited to two per household and one
per account unless specifically stated otherwise in the offer.
There is no limit to the number of friends you can refer.
Such Game Credits may be subject to additional terms and
conditions as may be specified when the Game Credits are offered to
you, and acceptance of any Game Credits shall be subject to such
additional terms and conditions. As noted below, in the event that
your Member Account is inactive for 90 consecutive days, all Game
Credits in your Member Account will be deemed to have expired and
will be removed from your Member Account.
Transaction History
All of your past financial transactions on www.gamers65.com can be
seen in your transaction history tab on www.gamers65.com,
which is under the "My Account" . Transactions that appear on the
Transaction History page include any and all deposits and
withdrawals you have made on your Member Account, Game Credits
awarded, and, for each Cash game (including all tournaments).
If you have any questions regarding transactions within your
Transaction History contact Customer Care. If you have
entered a tournament that has not yet been completed, you can see
the current results under the "My Games" heading under the "My
Account" tab. Once Tournament matches have been completed, the
results appear on the Transaction History page.
Withdrawal Process
Users may request a withdrawal of funds from their available cash
account balance in their Member Account at any time. Account
holders with pending deposits must wait until those funds clear
before requesting a withdrawal. Withdrawing privileges will also be
revoked for security purposes when account fraud is
suspected.
The minimum withdrawal is £10 sterling - €18 Euros - $20 USD or
the player's entire balance . All withdrawals are subject to a
withdrawal fee.
When you request a withdrawal of funds, Gamers65 will process the
request based on how funds were deposited into your account in the
past. If you have previously deposited via Credit Card or Debit
Card, your card(s) will be refunded. Most withdrawal requests
through Credit Card, Debit Card or via Pay Pal should be credited
to your account within 5 business days. If you do not receive your
withdrawal within 5 business days, please contact Customer Care at
contact@Gamers65.com.
The withdrawal process is designed to minimize customer fees and
add an additional element of security to protect Gamers65
customers. In the ongoing pursuit of abolishing fraudulent
behaviour and account hijacking, the Company reserves the right to
require the Member Account User or credit card company (if
applicable) to submit verification of identification to ascertain
the validity of a withdrawal request and the identity of the User.
Withdrawal payments will not be made until such verification is
received; if the Company has not received verification within 10
days, the withdrawal request will be cancelled and the account in
question will be suspended.
Account Suspension/Termination
As described in the Code of Conduct, the Company is committed to
taking all necessary measures to prevent anything that gives a User
an unfair advantage over another User. We are also committed to
ensuring that the Gamers65.com environment is an enjoyable place to
play. We reserve the right to take immediate action in the event
that we believe a player is failing to observe the terms of the
Code of Conduct.
The Company reserves the right, in its sole discretion, to take
any or all of the steps described above if the Company determines,
acting reasonably, that: (i) you have breached any term of these
Terms of Service; (ii) you are participating in any attempt to
defraud the Company 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 purchases or deposits that
you made to your Member Account; (iv) you are participating in any
attempt to cheat another User through collusion or other
techniques, regardless of the outcome; or (v) you become bankrupt
or subject to analogous proceedings anywhere in the world.
If you are suspected of having violated the Code of Conduct, the
Company reserves the right to suspend your Member Account including
any access to www.gamers65.com, or freeze the funds in your Member
Account, balance or withdrawals pending for up to 6 months while an
investigation shall occur.
The failure of the Company to enforce at any time any of the
provisions of these Terms of Service, or the failure to require at
any time performance by you of any of the provisions of these Terms
of Service, 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
Company to enforce each and every such provision thereafter. The
express waiver by the Company of any provision, condition or
requirement of these Terms of Service shall not constitute a waiver
of any future obligation to comply with such provision, condition
or requirement.
Inactive Accounts
In the event that your Member Account has been deemed inactive for
a period of two calendar months (meaning that you have not
participated in a Cash Game or a practice session for a period of
three calendar months or more),Gamersr65.com reserves the right to
deem that any Game Credits in your Member Account have expired and
to remove those Game Credits from your account without further
notice.
Termination
You are entitled to close your Member Account at any time by
contacting Customer Care. The Company will respond to your request
within a reasonable time provided that you continue to assume
responsibility for all activity on your Member Account until such
closure has been effected by us. The Company is entitled to
terminate these Terms of Service immediately on notice (or
attempted notice) to you at the email address you have provided the
Company.
Privacy Policy
In this Privacy Policy, "we", "us" and "our" means
Gamers65.com.
We recognize the importance of an individual's right to keep
personally identifiable information private. This Privacy Policy
explains how we manage and safeguard personal information in the
course of operating our business. We are dedicated to adhering to
the following principles that relate to the collection, use,
retention and disclosure of Personal Information (defined
below).
Accountability
Gamers65.com is accountable for all Personal Information in its
control. This includes information under the direct control of
Gamers65.com as well as Personal Information that Gamers65.com may
transfer to its affiliates or to third party service providers for
servicing, processing, storage or other purposes that facilitate
Gamers65.com business operations. Gamers65.com will use
contractual or other measures to require third parties that process
information or provide services on our behalf to maintain a level
of privacy protection comparable to our own practices. By way of
example Gamers65.com uses third parties such as payment processing
service providers, printing and mailing services, data storage and
destruction facilities and outsourced technology support service
providers.
Any questions with regard to the manner
Collection of Personal Information
Gamers International Ltd collects information from its customers
through various websites it operates, including www.gamers65.com
(the "sites"). Information is collected on the sites when a user
creates a user account, through contact forms and surveys, and
through their interaction with the sites (for example, information
about which games you play, player handicap information and player
game statistics).
A. What information is collected through the
sites?
(i) Types of Information
We collect two types of information from you when you visit the
sites: information that does not identify you personally
("Non-Personal Information"), and information that does identify
you personally ("Personal Information").
Non-Personal Information
Our Web servers may automatically record certain technical
information related to your visit to the sites. This information is
anonymous and does not identify you personally. It includes things
such as: the Internet domain for your Internet service provider;
the Internet Protocol (IP) address of the computer accessing the
sites; the browser used and the type of computer operating system
that your computer is using; information about your computer
hardware; the date and time that you visited the sites; and a
record of which pages you viewed while you were visiting the sites.
Other information such as demographic information which does not
identify an individual is also considered Non-Personal Information.
Gamer Information (described below) is also considered Non-Personal
Information.
(ii) Personal Information
When you create a Member user account (a "Member Account"), you
consent to our collection of Personal Information including your
email address. If you choose to create an account which will allow
you to enter cash games and tournaments you will also be required
to provide additional information such as your name, gender, date
of birth Country of Origin. If you choose to make a deposit into
your Member Account, you will also be required to provide
information relevant to your payment method.