Terms of Service Contents:
- DEFINITION OF TERMS
- USER AGREEMENT
- USER ELIGIBILITY
- CONDITIONS FOR PARTICIPATION
- LEGAL DISCLAIMERS
- LIMITATION OF LIABILITY
- PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
- BINDING ARBITRATION AND CLASS ACTION WAIVER
- CHARITYWARS REFUNDS POLICY
- CONTACT INFORMATION
I. DEFINITION OF TERMS:
- CharityWars.org website is owned and operated by Charity Wars LLC. CharityWars.org, Charity Wars LLC, all employees and partners will be referred to collectively as “CharityWars” in these Terms of Service.
- The CharityWars.org platform, supporting websites and pages, mobile and web applications will be collectively referred to as the “Website”.
- These Terms cover all of the text, images, audio, code and other material the Website may contain or provide (collectively, the “Content”) and all of the features, possible user interactions, contests and other services that may be provided (collectively, the “Services”).
II. USER AGREEMENT:
- By using or otherwise accessing the Website, or creating a new user account when a link to these Terms is available, you thereby:
- Accept and agree to these Terms and any additional posted rules for specific Services of the Website;
- Accept and agree with the Conditions for Participation;
- Consent to be subject to binding arbitration and waiver of class action rights as detailed in Section VIII; and
- Agree that CharityWars may issue additional terms, rules and conditions of participation in our Website that you agree to be subject to if you continue to use the Website after the changes have been publicly disclosed.
- These Terms constitute a legal agreement between you and CharityWars , and shall apply to your use of the Website and the Services even after termination.
- Except for Section VIII, providing for binding arbitration and waiver of class action rights, CharityWars reserves the right, at its sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our Website. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services and the Website by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
- You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
III. USER ELIGIBILITY:
- You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these Terms.
- By registering your credit card with the Website, making a contribution, or entering a Contest, you are representing and warranting that:
- You are of 18 years of age or older;
- You are in a jurisdiction, territory, or location where the minimum age for permissible use of this Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory;
- At the time of registering a credit card with the Website, making a contribution, or entering a Contest you are physically located in a jurisdiction in which participation in CharityWars cause promotion contests is not prohibited by applicable law;
- You are not listed on any U.S. Government list of prohibited or restricted parties;
- You agree to be bound by, and abide at all times the conditions listed in the Terms regarding your use of the Service or participation in Contests;
- You do not have access or possess any information about upcoming Events, or other elements of CharityWars Contests that are not accessible to the general public, and would give you an unfair advantage in any Contests;
- You do not have other CharityWars.org user account, or access to, or control over other CharityWars.org user accounts.
- If CharityWars determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Website and it's Services. CharityWars may require you to provide proof that you are eligible to participate according to this section. If CharityWars otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that CharityWars may have in law or equity, CharityWars reserves the right to suspend or terminate your account, and cancel any Karma earned by your account.
IV. CONDITIONS FOR PARTICIPATION:
- As a user of the CharityWars Website you agree to be bound by these Conditions of Participation, as well as the rest of the Terms, and the decisions of CharityWars, which shall be final and binding in all respects.
- You agree that in order to participate in a Contest on the Service, you must register for a unique CharityWars account. By registering as a user of the Website, you agree to provide an accurate email that can be used to reach you with updates to the Terms, and to keep this email address current. If you provide any information that is inaccurate, not current or incomplete, or CharityWars has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, CharityWars may deny you access to the Website, or terminate your account, at its sole discretion.
- You agree that you are solely responsible for maintaining the confidentiality of your login names and passwords associated with your user account, not using the same password and login information in any other Service, monitoring the status of your account to prevent unauthorised access, and you accept responsibility for all activities, charges, and damages that occur under your account.
- You agree that you may establish, maintain, use and control ONLY ONE account to participate in the Services offered on the Website. In the event that CharityWars discovers that you have created, using or have shared control over more than one CharityWars account, in addition to any other rights that CharityWars may have, CharityWars reserves the right to suspend or terminate any or all of your accounts and terminate any of your current Contests and Karma earnings, and may refuse to offer a refund for any purchases made in any of your accounts.
- You agree that it shall be a violation of these Terms to allow any other person, even a friend or a family member, to use or share your account to participate in any Contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.
- You agree to not hold CharityWars responsible for any loss or damage, and unauthorised or unintended contributions, resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
- You agree that an "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to purchase funds packages and participate in paid cause promotion Contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any purchased on the Website.
- You agree that it shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
- You agree that CharityWars may require you to change your Username, and other public profile information, or may unilaterally change your public information at it's sole discretion if such information is deemed to be offensive, abusive, or a copyright infringement. CharityWars may also require you to change or reset your password in cases of security risk, or changes in our security policies.
- You agree agree that as a result of your registration for the Service, you may receive certain business communications from CharityWars. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or changing your message preferences. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
- You agree that CharityWars has the sole power to judge and decide the final outcome of any Events that is used to create a prediction Contest, by relying on the public information it's choosing.
- You agree that CharityWars reserves the right to cancel any Challenge, Contest format, Game or Event at any time. In the event of a cancellation, all pledges and entry fees from associated Challenges will be fully refunded to the users involved.
- You agree that you must successfully login into to your CharityWars.org account at least once every 365 days, in order to maintain this account as an “Active Account”. If you cannot login into your account for any reason, it is your duty to contact a CharityWars.org representative to alert them of this issue before 365 days have passed since you last logged in. If any user’s CharityWars.org account does not record a succesful login for more than 365 days, CharityWars reserves the right to suspend or terminate this account, wave the guarantees granted to this user by the Refunds Policy, and redistribute the value of any CapitolCoins in the account at it's own discretion. A refund of available CapitolCoins can still be requested by the User even after an account has been suspended, but it will no longer be guaranteed under the Refund Policy;
- You agree that CharityWars, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award Karma, refuse to process a transaction, or suspend, limit, terminate your account, or refuse to grant a refund if you engage in conduct that CharityWars deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users; .
- You agree that CharityWars, in its sole discretion, may terminate or suspend all or part of the Service and your CharityWars account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your CharityWars account, you may contact us via the Contact Us page to say that you wish to terminate your account.
- Conduct that would be deemed improper, and may result in the termination or suspension of your Account and your earned Karma, includes, but is not limited to:
- Having more than one user account, or having access to or control of other user accounts;
- Falsifying personal information required to enter a Contest;
- Falsifying personal information when adding a credit card or other means of payment to your user account;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Any violation of these Terms;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, and withdrawing from a contest);
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- Using any confidential information not available to other users to win Contest and gain an unfair advantage in any other gameplay;
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other user’s information without their explicit permission, spamming other users, threatening or harassing other users, or;
- Abusing the Website in any way.
- You agree that if for any reason the Service is not running as originally planned (e.g., if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of CharityWars corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), CharityWars reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
- You agree that the failure of CharityWars to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of CharityWars (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
V. LEGAL DISCLAIMERS
- Warranty Disclaimers
- You expressly understand and agree that your use of the CharityWars Website and Services is at your sole risk. The Services (including the Services and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- You acknowledge that CharityWars has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
- Partners, affiliates and employees or of CharityWars may participate in Contests and Website Services as long as they dont have access to any contest related information that is not available to the general public about contests.
- You release CharityWars from all liability for you having acquired or not acquired Content through the Service. The Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. CharityWars makes no representations concerning any Content contained in or accessed through the Services, and CharityWars will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
- Cause Proposal, Voting and Nomination
- Only registered Users will be able to propose, vote on and nominate Causes to be featured in the CharityWars Playoffs.
- CharityWars cannot propose new Causes for participation. But CharityWars reserves the right to establish guidelines to determine which Causes are eligible to participate in the Playoffs.
- CharityWars reserves the right to not feature any Causes that it deems, at it's own discretion, as inadmissible participants in the CharityWars Playoffs. Any Causes that are known to be promoting or supporting violence, bigotry, illegal behavior or any Causes that are under investigation by civil authorities may be rejected as proposals and removed from public voting. Repeated proposals of inadmissible Causes by Users, may result in User account suspension or termination.
- Political Candidates have to be proposed and nominated as Causes for each public election cycle that they are participating in. Party primaries and Elections will be counted as one Election cycle.
- If a specific candidate changes their Party in the middle of an election, they do not need to be re-proposed and their Cause can be edited to include any new website or description.
- After the conclusion of a specific election, all participating political candidates will be removed as active Causes, their votes will be removed, and they will have to be re-proposed by Users in order to participate as a Cause in connection with another Election.
- Political Parties, PACs, and SuperPACs do not need to reproposed, and will retain their votes after an election cycle, unless they were clearly created as an entity for one specific election.
- You agree to release and to indemnify, defend and hold harmless CharityWars and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, your access to Website Content, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.
- CharityWars reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CharityWars in the defense of such matter.
- Our Proprietary Rights
- All title, ownership and intellectual property rights in and to the Content and Services are owned by CharityWars or its licensors. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by CharityWars, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part.
- CHARITYWARS.ORG AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF CHARITYWARS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
- The Website Services provide, or third parties may provide, links to other World Wide Web sites, applications or resources. Because CharityWars has no control over such sites, applications and resources, you acknowledge and agree that CharityWars is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
- You further acknowledge and agree that CharityWars shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Entire Agreement
- These Terms (and any additional terms, rules and conditions of participation in particular contests that CharityWars may post on the Service) constitute the entire agreement between you and CharityWars with respect to the Service and supersedes any prior agreements, oral or written, between you and CharityWars . In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
- Waiver and Severability of Terms
- The failure of CharityWars to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Statute of Limitations
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- No Rights to Joint Venture
- Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and CharityWars.
- Section Titles
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
VI. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT CHARITYWARS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL CHARITYWARS, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES AND INDIVIDUALS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY ENTITIES AND INDIVIDUALS'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY CHARITYWARS AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY CHARITYWARS WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
VII. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
- If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please contact CharityWars Legal Department to file a notice of the infringement.
- The notice should include:
- the name and position of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
VIII. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
- Initial Dispute Resolution
- You can reach our Customer Support Team or Legal Department via our Contact Page. Our Customer Support Department is able to resolve most concerns quickly to our users satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
- Binding Arbitration
- If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
- The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- If you are a resident of the United States or Canada, arbitration shall be initiated in Johnson County of the state of Wyoming, United States of America, and you and CharityWars agree to submit to the personal jurisdiction of any federal or state court in Johnson County, Wyoming, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Class Action Waiver
- The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CHARITYWARS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Litigation of Intellectual Property and Small Claims Court Claims
- Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 30-Day Right to Opt Out
- You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by using the Contact Us page to send a message to our Legal Department of your decision to opt-out. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, CharityWars also will not be bound by them.
- Changes to this Section
- CharityWars will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
- For any dispute not subject to arbitration you and CharityWars agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Buffalo, WY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- The Terms and the relationship between you and CharityWars shall be governed by the laws of the State of Wyoming without regard to conflict of law provisions.
IX. CHARITYWARS REFUNDS POLICY
- CharityWars.org has a 100% Refunds Policy for the value of all CapitolCoins that are “Available” in a User’s account within 60 days of their original purchase, and will refund the value of those CapitolCoins, at 5 cents per coin on request of the user.
- “Available” CapitolCoins are CapitolCoins that were not lost or used up during any CharityWars.org gameplay, and are not currently pledged in a Contest/Challenge. Once a CapitolCoin has been lost through gameplay it's value cannot be refunded.
- Depending on the purchase method, how much time has passed since the purchase, if the CapitolCoins came from one or several purchases, or other factors, CharityWars will choose the best available Refund method. If possible the refund will be credited to the credit card that was used in the purchase of the CapitolCoins. If this is not possible, CharityWars can send the Refund amount via PayPal (as long as the User’s provided PayPal account uses the same email address as the email that was used to create the Champion account).
- Alternatively CharityWars will mail a check for the full amount of the Refund, using the billing address from the credit card that was used to make the CapitolCoins purchase.
- Refunds can be requested by sending a Refund Request to the CharityWars Support Team. To prevent theft through refunds, a Check refund can only be mailed to the billing address of the credit card that was used in the original purchase. If a user wants their Refund check to be mailed to a different address, the Support Team representative may ask to show proof of identity to validate another address.
- In cases of PayPal Transfer refunds, if the user’s PayPal account has a different email address associated with it then the email address that you had in the user’s CharityWars account at the time of purchase, proof of identity may also be required. (And there is no fee for identity validation.)
X. CONTACT INFORMATION
- Phone Number
- CharityWars.org support team can be reached at 805-667-7810. Mon to Friday, 9am to 5pm MDT (Mountain Daylight Time).
- All Mail Communications and Legal Mail can be directed to:
Charity Wars LLC
30 N Gould Suite #5394
Sheridan, WY 82801
- Emergency email contact
- In an emergency we can be reached by email at email@example.com