iWin Terms of Service

BY PLAYING ANY OF THE GAMES OPERATED BY IWIN AT WWW.IWIN.COM (THE "GAME" OR "IWIN GAME"), YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY

The establishment of an account and/or the participation in any game confirms your acknowledgement of and agreement to be bound by iWin's Terms of Service, which include by incorporation the iWin Privacy Policy as well as all other terms, obligations and rules posted on the iWin website ("Terms of Service"). If you do not agree to these Terms of Service and all other rules and obligations posted on the iWin website, you may not access or otherwise use iWin or its services. iWin may modify these Terms of Service at its sole discretion at any time. Your continued use of iWin following such modifications signifies your acceptance of those modifications. You are responsible for periodically reviewing these Terms of Service for any such modifications.

These Terms of Service are governed by the laws of the State of California and are subject to interpretation according to said laws. By establishing an account and/or participating in any iWin game you agree that any conflict or disagreement that cannot be resolved by the parties will be resolved individually, without resort to any form of class action. You further agree that California will be the sole jurisdiction for resolving any dispute.

These Terms of Service, which include by incorporation the iWin Privacy Policy as well as all other terms, obligations and rules posted on the iWin website, constitute the entire agreement between you and iWin and cannot be modified by you. As previously stated, iWin in its sole discretion has the authority to modify these Terms of Service.

If any portion of these Terms of Service is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.

The license for iWin shall be effective from the date you begin using iWin until the date of termination. This license shall terminate automatically when any of the following occur: (i) iWin.com removes the site, or (ii) you fail to comply with the limitations described herein.

Further, iWin may terminate this license at any time by providing individual or public notice of the intent to terminate.

To participate in any game at iWin, you represent and warrant that all registration and account information you supply to iWin is complete and accurate and (through timely updates) are responsible for maintaining the accuracy of this information. Deliberately submitting misleading, incomplete and/or inaccurate information will result in the elimination of your account and the forfeiture of any funds you may have deposited.

Every iWin player is allowed only one account at iWin.com. iWin reserves the right to enforce this limitation by requesting a system wide unique email address and/or credit card number. If it is discovered that any user has circumvented this limitation iWin has the right to terminate multiple accounts at any time in order to bring the user into compliance with this limitation. Any monies associated with closed accounts are subject for forfeiture.

Notwithstanding paragraph I Eligibility, the following persons are ineligible to receive any prize offered on iWin: employees, officers, and directors (and their immediate family members) of iWin; 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.

You are subject to all laws of the state, province and/or country in which you reside and from which you access iWin and are solely responsible for obeying those laws. You agree that iWin cannot be held liable if laws applicable to you restrict or prohibit your participation. iWin makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on iWin nor shall any person affiliated, or claiming affiliation, with iWin have authority to make any such representations or warranties.

iWin reserves the right to monitor the location from which you access iWin and to block access from any jurisdiction in which participation is illegal or restricted.

It is the policy of iWin, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on iWin in any given year. In order to receive a 1099 form you will be required to submit your social security number. Failure to provide your social security number at that time will result in iWin's inability to credit your account for any winnings in excess of $600. At all times, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

By establishing an account and/or participating in any iWin game you are acknowledging that the entirety of iWin's content is the protected property of iWin and its licensors. You acknowledge that you are provided access to this information for your own individual use and you agree not to change, sell, publish, participate in the transfer or sale of, create derivative works or in any other way exploit this information for any purposes.

iWin will not intentionally disclose any personally identifying information about you (including your social security number and information regarding your IP address) to third parties, except where iWin, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Service or other rules of iWin games. iWin may use your user name and game or tournament records and winnings in accordance with section VII Promotional Activities (see below). By using iWin, you signify your acceptance of iWin's Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use iWin. To view the full Privacy Policy, click here.

It is your sole responsibility to confirm the technical compatibility between your computer system and the iWin site. For a detailed listing of optimum computer specifications, please see the Knowledge Base.

By registering for an account, you agree that iWin may display your user name and game records on the site or in publicity emails. By registering with iWin, you agree to allow iWin to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.

If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to iWin, such submissions shall become, and shall remain, the sole property of iWin. No submission shall be subject to any obligation of confidence on the part of iWin. iWin shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

You acknowledge and understand that when using the iWin Game and other services, you will be exposed to communications and other material and information from a variety of sources not within the control of iWin ("User Submissions"). You understand and agree that iWin is not responsible for the content, accuracy, usefulness, safety, or intellectual property rights in or relating to User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, and/or objectionable, and you therefore agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iWin with respect thereto, and agree to indemnify and hold iWin, its Owners/Operators, affiliates, and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the iWin Game and other services.

You understand and agree that you are not authorized to access or use any part of the iWin Game to:

1. Submit comments or material that is copyrighted, protected by trademark or trade secret, is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iWin all of the license rights granted herein;
2. Violate any statute or regulation of any jurisdiction;
3. Use any part of the iWin Game or for commercial purposes or solicit for commercial purposes any user of the iWin Game or services;
4. Post advertisements or promotions without the express authorization of iWin;
5. Transmit "junk mail", "chain letters", or unsolicited mass mailing or "Spam" as defined below;
6. Promote any criminal activity or instruct others on illegal activities in any jurisdiction;
7. Harvest any personally identifiable information, including account names, from the iWin, or use automated scripts to collect information from the iWin Game for any purpose;
8. Stalk or encourage stalking of another person;
9. Submit material or information that is pornographic, obscene, hateful, racially or ethnically offensive, threatening, libelous, or defamatory in our sole discretion;
10. Harass, stalk, harm or abuse another person;
11. Promote racism, bigotry, hatred or physical harm of any kind against any individual or group;
12. Publish falsehoods or misrepresentations that could damage iWin or any third party;
13. Exploit another person in a sexual or violent manner;
14. Copy or distribute any part of the iWin Game in any medium without iWin's prior written consent;
15. Alter or modify any part of the iWin Game other than as may be reasonably necessary to use the iWin Game for its intended purpose;
16. Use the iWin Game in any manner that is excessive or abusive, or could damage, disable, overburden or impair the iWin Game;
17. Use or launch any robots, spiders, offline readers or any automated system that sends more request messages to the iWin servers in a given period of time than a person using a conventional on-line web browser can reasonably produce in the same period;
18. Impersonate another person

iWin reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas. Please limit chat to the subject of iWin games or site. Do not share personal information (your name, phone number, home address, password, IM) with others on the site that you do not know from contexts not related to iWin. Information disclosed in chat rooms becomes property of iWin and is revealed to the public. iWin is not responsible for any information you choose to disclose to others. Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in chat messages.

iWin prohibits the marketing practice commonly referred to as "Spam". Validated reports of "Spam" will result in the termination or suspension of the offender's account. iWin defines "Spam" as:

1. Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
2. Messages posted to forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
3. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ); iWin will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. iWin may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

Account Suspension: Upon the receipt of a credible and validated complaint, iWin may elect to 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. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.

Account Termination: Upon the receipt of a credible and validated complaint, iWin may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the account, forfeiture of any funds deposited, a prohibition against any future membership, and the user will lose the right to compete in any game play.

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

iCoins Membership Loyalty Program is void where prohibited by law.

The iWin iCoins Membership Loyalty Program (the "Program") is a customer loyalty program sponsored by iWin, Inc. ("iWin") through which qualified individuals can purchase or earn iCoins by the methods specified below.

The Program is void where prohibited by law. Individuals eighteen (18) years and older may participate. Participation in the Program constitutes the participant's full and unconditional agreement to these Terms and Conditions.

iWin reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time.

ICOINS FREE TRIAL POLICY

Any new customer that signs up for iCoins may be given a period of time and a number of iCoins to try the service at no cost. At the end of the period, if the customer has not cancelled their subscription they will be billed monthly as an iCoins member in normal standing and receive the monthly allotment of iCoins according to their membership level.

If a customer cancels the service prior to the end of the trial period they will immediately lose any unredeemed iCoins and will no longer be able to purchase additional iCoins without reactivating membership at the regular monthly subscription price.

The free trial is open to new members only.

PAYMENT, CANCELLATION & SERVICES

Following the expiration of a trial period that may be provided to you in the sole discretion of iWin, you agree to pay iWin the applicable monthly service charges for your use of the Services using a valid credit card or PayPal account, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize iWin to automatically bill the method of payment you provide each month or on each applicable subscription period renewal date until you cancel the Services. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable subscription period if not monthly. All payments are completely non-refundable. You may cancel the Services at any time, but iWin will not refund any remaining portion of your subscription fees already billed to your account. To ensure that your credit card will not be charged for your next billing period, you MUST cancel your iCoins membership no later than the day before your next scheduled billing period begins. When you cancel your membership, your account will remain active until the end of the original billing period, but will not be renewed. After that, any remaining iCoins in your account must be redeemed within 90 days. In order to be able to redeem remaining iCoins, your account must be re-activated. Any iCoins that are unredeemed after 90 days are expired forever and can not be reissued.

You agree to provide iWin with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of Services. Once your cancellation is effective, you will no longer be able to purchase additional iCoins without reactivating your cancelled account. You have 90 days, after your cancellation is effective, to redeem any iCoins remaining in your account before they expire and you will no longer receive iCoins member discounts on purchases of downloadable products.

Eligible individuals may enroll in the Program at http://www.iwin.com (the "Website") by purchasing an iCoins Membership ("Member", "iCoins Member") for a monthly fee, at which time the enrolling member is awarded iCoins for every month of paid membership, depending on the level selected. No refunds for the purchase of an iCoins Membership will be issued to credit cards or PayPal accounts. iWin reserves the right to modify the iCoins award schedule/ratio at any time without prior notice. iWin reserves the right to change, add, or remove the methods by which Members can earn or purchase iCoins without prior notice.

Each Member is responsible for ensuring the accuracy of his/her Account. Any account changes (billing address, credit card information etc.) must be made to the Account by each Member. Failure to do so may result in Account cancellation. Members are encouraged to check their Accounts to ensure that the correct number of iCoins have been accrued to his/her Account. If an iCoins Member believes that iCoins were not properly accrued to his/her Account, the Member must notify iWin.

Individuals may purchase or earn iCoins in the manner set forth above until iWin decides to terminate the Program for any or no reason in its sole discretion. iWin will send notice to Members notifying them that the Program is terminated (the "Earning Period"). Please note you will have at least thirty (30) days from the Earning Period to redeem your iCoins if the Program is terminated.

iWin reserves the right to void any iCoins for any Member account that has been inactive for ninety (90) days. An inactive account is any account in which the iCoins Member has not made any transactions (debits or credits to iCoins account) in ninety (90) consecutive days.

Members may redeem iCoins for games and/or products located on the iWin website at http://www.iWin.com.

Eligible games will be noted as such on the iWin site.

iWin reserves the right to modify the redemption levels at any time during the Program. Any iCoins remaining in a Member's Account at the end of the Redemption Period will be forfeited without compensation. iCoins have no cash value and are only redeemable for the iWin games and products listed in these Terms and Conditions.

iCoins redemptions (use of iCoins to acquire or participate iWin games or services) are reversed solely by credit of iCoins to the Member's iCoins account. iCoins redemptions may be reversed at the sole discretion of iWin. Requests for reversal of iCoins redemptions must be made within 48 hours of the iCoins redemption.

iWin reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, the duration of the Redemption Period, the amount of iCoins associated with each action of the Member, and any of the options made available to Members with respect to their Accounts at any time, for any reason, with or without notice, even though these changes may affect a Member's ability to accrue or use his/her iCoins.

iWin also reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a Member's ability to accrue or use his/her iCoins. Members will have at least 30 days from the date Program termination is announced to redeem their iCoins.

A Member's continued participation in the Program constitutes the Member's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that iWin may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at http://www.iWin.com and will supersede all previous versions of these Terms and Conditions.

iWin reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated iCoins. In addition to discontinuance of participation privileges, iWin shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating iCoins for combined use. iCoins may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

iWin is not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program. All questions or disputes regarding eligibility for the Program, earning or redemption of iCoins, or a Member's compliance with these Terms and Conditions will be resolved by iWin in its sole discretion.

By participating in the Program, the Member acknowledges that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. iWin is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, IWIN, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF IWIN IMPROPERLY DENIES A MEMBER ANY ICOINS AWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF ICOINS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

As a condition of participating in this Program, the Member agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in the State of California, Santa Clara County; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will a Member be permitted to seek recovery for, and the Member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of the Member and iWin in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.

These Terms and Conditions as well as the iWin Terms of Use constitute the entire agreement between iWin and the Member pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

By establishing an account or participating in any game offered by iWin you hold iWin harmless relative to any loss, damages, injury related from use, access or attempted use or access to iWin. You also agree that iWin is not liable for any loss, damage, or injury relating from downloading or otherwise reviewing any information from iWin. You further agree that iWin is not liable for any damages to your personal computer resulting from any attempts to access iWin.

In case of a malfunction or disruption of service for which iWin is responsible that prevents you from completing the game in which you have begun to participate, iWin will refund the entry fee charged for that unfinished game only. iWin reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. iWin also reserves the right to limit your play or terminate your account should iWin determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption.

All goods and services provided on iWin are provided "as is," without warranty of any kind, either express or implied, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. iWin does not warrant or guarantee that any portion of the site or the games will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; or that access to the site or games will be uninterrupted or error-free. No person affiliated, or claiming affiliation, with iWin has the authority to extend such warranties.

If for any reason the Internet portion of the games are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of iWin which corrupt or affect the administration, security, fairness, integrity, or proper conduct of these games, iWin reserves the right, at its sole discretion, to terminate the account of any individual who tampers with iWin's systems or site.

iWin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of transactions. iWin is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials.

Further iWin assumes no liability for any losses related to the above outlined failures or caused by any disconnection from the games.

You agree that iWin is not liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with iWin. Any attempt to defraud iWin 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 funds you may have deposited to which you are otherwise entitled, and civil and/or criminal prosecution.

By establishing an account on iWin, you agree that iWin is not responsible for any damage, loss, or injury resulting from, hacking, tampering, or other unauthorized access to iWin or your account. Any attempt to gain unauthorized access to iWin's systems or any account, interfere with procedures or performance of iWin, or deliberately damage or undermine iWin is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any funds you may have deposited to which you are otherwise entitled.

As the holder of your account, you are solely responsible for all obligations and are entitled to all benefits thereof, and may not allow any other person to access your account, access iWin, accept any winnings using your account information. Your account is not transferable to any other person. By registering on iWin, you agree to indemnify, defend, and hold iWin harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.

iWin may display and make available promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that iWin shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against iWin arising from your participation in, or inability to participate in, any Third Party Promotion.

iWin reserves the right to terminate your account 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 iWin, and any breach of the security of your account or iWin. By registering for an account on iWin, you consent to allow iWin to access your account information to investigate complaints or other allegations of abuse.

Cash purchases (purchases of iWin games and/or products using a credit card or Pay Pal transfer by a customer who is not a member of the iWin iCoins Customer Loyalty Program) may be refunded by credit to method of payment. Cash refunds are available up to 48 hours after purchase at the sole discretion of iWin. Credit card or PayPal refunds for direct purchases made with those methods (not iCoins), if given, will be processed within 3-5 business days after receipt of request. Requests for subscription refunds must be received within 24 hours of purchase.

iCoins redemptions (use of iCoins to acquire iWin games and/or products) are reversed solely by credit of iCoins to the Member's iCoins account. iCoins redemptions may be reversed at the sole discretion of iWin. Requests for reversal of iCoins redemptions must be made within 48 hours of the iCoins redemption.

For more information on deposits and withdrawals, click here.