SECTION ONE - GENERAL INFORMATION

Registering for an account and/or participating in any games offered on Chmmyr.com (“the Site”) signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

1.2. Governing Law and Disputes

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law. By registering for an account and/or participating in any tournament or game offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in San Diego in the State of California, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3. Entire Agreement

These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.

1.4. Severability

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

 

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1 Eligibility (United States) for Free Games

To participate in free games on the site you must be a natural person who is assigned to the e-mail address submitted on your account registration form.

2.1a Eligibility (United States) for Fee Based Games

To participate in any fee-based tournament or games offered on the Site, you must: a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form; b) be a U.S. citizen or resident alien with a U.S. address; c) be physically located within the U.S.; and d) be physically located in a U.S. state in which participation in the tournament or games offered on the Site is unrestricted by law. The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments or games with prizes to residents of the following states: Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any fee-based tournament or game with prizes offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated.

2.1b Eligibility (Non-U.S.) for Fee Based Games

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.2 Additional Persons Not Eligible

Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament or game offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament or game offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties. The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.

It is the policy of the Site, 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 the Site in any given year. However, 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.

2.4 Acknowledgment of Proprietary Rights

By registering for an account and/or participating in any tournament or game offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

2.5 Promotional Activities

By registering for an account, you agree that the Site may display your username and tournament or game records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your username for promotional purposes without additional compensation.

2.6 Submissions

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

2.7 Information Required (U.S. players only)

At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a positive Site account balance for entry fee tournament or games, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information. Please note that for every credit card deposit made, an authorization request in the amount of at least $20 will be applied to your credit limit, even if the actual amount charged may be lower. In addition, if your total winnings on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in the Site’s inability to credit your account for any winnings in excess of $600. Each day you wish to participate in a cash competition, you need to confirm the location from which you are playing.

2.8 Accuracy of Information

You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.9 Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site’s disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Chmmyr utilizes e-mails to notify you when you win tournament or games, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all six types of Chmmyr e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament or game- or game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences under the My Account section of the website. To view the Site’s full privacy policy, click on the following link: Privacy Policy.

2.11 Chat & Message Board Policy

Rules of Conduct: * The Site reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas. * The Site reserves the right to remove any posts for any reason. * Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted. * Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated. * Site usernames will be displayed as ‘Your Name’; impersonating other players is not allowed. * Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed. * Advertising or promotion of other companies or URLs is not allowed. * Please limit posting to the subject of the Site’s games, message board or site. * Do not share personal information (your name, phone number, home address, password) with others on the site. * No advertising of any kind is allowed in messages. * No copyrighted materials are allowed in messages. * Information disclosed in the Site chat rooms or message boards becomes property of the Site and is revealed to the public. The Site 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 messages.

2.12 Anti-Spam Policy

The Site is vigorously against the practice commonly referred to as “Spam”. Users who are reported and whose claims of “Spam” are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. The Site defines “Spam” as: * 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; * Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; * Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ); The Site 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, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a “Final” warning and will prevent the abuser from continuing their abusive “Spamming” behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. 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, the Site may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition against any future membership, and the user will lose the right to compete in any tournament or game play. ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse@Chmmyr.com Please refer responsibly!

2.13 Limitations on Participation

You may establish only one account per person, and up to two accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S. The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net dollar amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournament or games offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time. The Site reserves the right to set expiration dates or other limits on all Practice Money* or other promotional credits. The Site reserves the right to expire the game credits balance of any dormant account. Game Credits is defined as any credit deposited by Chmmyr into an account, including, but not limited to promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for greater than 180 days. *Practice Money is for Chmmyr entry fees only, and may not be withdrawn as cash. Practice Money will expire after 30 days of account inactivity.

2.14 Abuse

Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

 

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes

The results of all tournament or games offered on the Site depend on the number of the players participating in such tournament or games; precise odds of winning are therefore unavailable. Prizes are generally cash amounts, which are deposited directly into winners' accounts. The cash value of prizes offered in Real Time tournament or games will be disclosed at the beginning of such tournament or games. If a Real Time tournament or game has to close prematurely, such as for maintenance or technical problems, the prize for the tournament or game will be paid. Except where otherwise noted, in all tournament or games with actual cash entry fees, the Site retains a portion of the aggregate total as a management fee.

3.2 Winners Lists

Lists of winners will be posted on the Site immediately following each tournament or game, except in the case of tournament or games with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five business days while verification of the results takes place in order to help prevent potential abuse.

3.3 Determination of Winners

The results and winners of each tournament or game offered on the Site will be determined by the Site. By registering and/or participating in any tournament or game, you agree to be bound by these determinations.

3.4 Game Rules

Rules for each specific tournament or game offered on the Site can be found by clicking on the following link: Game Rules

 

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer

BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY tournament or game OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE. The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament or game in which you have begun to participate, the Site will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament or game only. We do not auto-credit for two-player tournament or games. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament or game play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament or game.

4.2 No Warranty

ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

4.3 Credit Card Use

You agree that the Site 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 the Site. Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.

4.4 Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any tournament or game 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 or game 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 civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

4.5 Accounts for Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament or game using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament or game offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

4.6 Account Termination

The Site reserves the right to terminate your account, limit or prohibit your participation in any game, tournament or game or tournament or game type , or modify your scores for any reason, including but not limited to any Abuse (see Section 2.14) by you. By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.

If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.

 

SECTION FIVE - MERCHANDISE PRIZES

5.1 General Disclaimer

Terms and Conditions for tournament or games with merchandise prizes are the same as cash prize tournament or games, with the following exceptions:

5.2 Substitution

Players may request from the Site an offer of cash payment in lieu of any prize won, although the Site is under no obligation to grant such request. If the Site elects, in its sole discretion, to offer a cash payment in lieu of any prize won, the Site reserves the right to determine the exact amount of the cash offer, even if such cash offer may be less than the value of the prize. The player may then elect to accept the Site's cash offer, accept the original prize, or decline both and take nothing. The Site also reserves the right to credit the account of a merchandise prize winner with cash (the amount of which is in the Site's sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than 30 days. -If a prize has become suddenly unavailable, or if the player is outside the continental U.S. or if there are other difficulties in shipping, however, the Site has the right to substitute freely the cash equivalent (determined by the Site's estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.

For all merchandise tournament or games, a minimum number of user entries is required in order for the described prize to be awarded to the tournament or game winner. If the number of user entries falls below this minimum, the prize will be cash.

5.3 Ties

In the event of a tie in any cash prize tournament or game, the prize is divided equally. However, since no one has much use for half a camcorder or half a diamond ring, in the event of a tie in a merchandise prize tournament or game, the player who posted the tying score first will be considered to have finished ahead of the other tying player(s). For example, if user X and user Y tie for 1st place with a score of 1500, and user X finished his/her game at 2:00pm, and user Y finished his/her game at 3:00pm, user X would win the 1st place prize, and user Y would win the 2nd place prize (if any).

5.4 Taxes

As with our cash prize tournament or games, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize. The value of the prize will be posted to your account as winnings, and will be deducted from your account as a withdrawal (corresponding to the shipping of the merchandise). Thus, there will be no change in the dollar value of your account, but your year-to-date winnings will increase.

5.5 Delivery Time

Unless otherwise specified, merchandise will ship within 14 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly the Site takes no responsibility for any damage incurred during shipping. Costs of shipping are borne by the user, and will be deducted directly from the user’s account. In certain specifically disclosed merchandise tournament or games, the Site may choose to bear the cost of shipping within the continental U.S., although the Site is under no obligation to do so.

5.6 Warranties

In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site is responsible for initial defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer‘s warranty, the merchandise is offered “as is”, and the Site is not responsible for any defects, use or misuse or repairs. The Site makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.

5.7 Travel Prizes

Prizes involving travel and tourism will be from a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. The Site is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is the Site responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.

5.8 Other Prizes

For prizes requiring local, state or federal licensing or approval (e.g. a driver’s license for an automobile), players must provide evidence of such licensing or approval within one week of the initial request for such information, or the prize may be voided.