Terms and Conditions
BE ADVISED THAT WE ARE NOT IN ANY WAY AFFILIATED WITH VALVE CORPORATION OR THE CHARITY ORGANIZATIONS. THE SERVICE PROVIDED UNDER THIS AGREEMENT IS OURS ALONE.
Please also read the agreement in conjunction with our FAQ's, Privacy and Game Rules (How to play) policies.
1. Applicability of Terms and Conditions
The terms and conditions apply to the entire website for the domain names http://www.playblink.com (the 'Website') and its services (the 'Service'; meaning playing hosted esport games for rewards and any activity related thereto as provided through the Website), the software (the 'Software'; meaning the software licensed to you under this Agreement including any program or data file or any other content derived there from, that required to be downloaded, accessed or otherwise utilized by you from the Website, in order for you to utilize the Service) and to all contact between you ('you' or the 'End User' as appropriate) and Us.
We reserve the right to revise these Terms and Conditions at any time. By your continued use of the Service/Website after such revisions you agree to comply with those revisions. You are responsible for regularly reviewing these Terms and Conditions. There is a hyperlink on the Website which can be used to see the most current version at any time. If you are unsure of any aspects of this Agreement you should seek independent advice before registering.
2. Legal Requirements - Registration
You may only use our Service/Website if you are the legal age as determined by the law of the country where you live. In any circumstances, you cannot use our Service/Website if you are under 18 years of age.
Some legal jurisdictions have not addressed the legality of online skilled gaming for donations and others have specifically made online skilled gaming where donations are involved illegal. We do not intend that anyone should use the Ser-vice/Website where such use is illegal. The availability of the Service and Website does not construe an offer or invitation by us to use the Service/Website in any country in which such use is illegal. Use of the Service/Website is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of our Service/Website is legal in the country where you live. We further warrant in that respect that it does not intend to enable you to contravene any applicable law.
For your information, the following list of territories in the United States prohibits skilled gaming for donations: Alaska, Iowa, Arizona, Louisiana, Arkansas, Maryland, Connecticut, Missouri, Delaware, South Dakota, Florida, Tennessee, Illinois and Vermont.
For your information, residents of the following list of countries are also prohibited from using our Service/Website: Cyprus and Israel.
Any use of our Service and/or Website is at your sole option, discretion and risk. By using our Service/Website, you acknowledge that you do not find them to be offensive, objectionable, unfair, or indecent in any way and are not knowingly breaking any laws.
3. Subject Matter of Agreement - Skilled Gaming for Donation
The Service is designed to allow you and other end users to play hosted esport games by participating in games and giveaways.
The games and giveaways have no chance element to them and are games and giveaways of skill. Therefore, when playing with or against other end users, it is your skill in playing that is assessed against each other, and the winner(s) will be the end user(s) who, through skill and judgment, is most successful in the relevant game. You should ensure that you are familiar with a game and giveaways before entering.
4. License to use Software
Software Provider hereby grants to you a personal non-exclusive, non-transferable right to use the Software, for the sole purpose of using the Service and Website, in accordance with the following provisions and other provisions stated in this Agreement:
You are not permitted to:
4.1.1. install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of 'bulletin board', online service or remote dial-in, or network to any other person;
4.1.2. sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your licence to use the Software or make or distribute copies of the Software;
4.1.3. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
4.1.4. copy or translate any user documentation provided 'online' or in electronic format;
4.1.5. reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or
4.1.6. enter, access or attempt to enter or access or otherwise bypass our security system or interfere in any way (including but not limited to, robots, artificial intelligence and similar devices) with the Service or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.1.7. You do not own the Software. The Software is owned and is the exclusive property of the Software Provider. The Software and accompanying documentation are the proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the licence to use the Software.
4.1.8. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE/SOFTWARE PROVIDER DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.1.9. WE/SOFTWARE PROVIDER DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE WE/SOFTWARE PROVIDER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE/SOFTWARE PROVIDER FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
4.1.10. You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
4.1.11. The Software may include confidential information which is secret and valuable to Software Provider. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
When you post or transmit content on or through the site, you grant PlayBlink and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit to the site for any purpose, in any form, medium, or technology now known or later developed. You also grant us a license to use your name, city and state in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content.
PlayBlink grants its users the right to reprint, republish or reuse any content you contribute to the site for non-commercial purposes under the Creative Commons' Attribution-Noncommercial 3.0 Unported License. By posting content to the site you consent to the granting of this license.
5. Your Account
In order to use the Service and Website, you will first need to register for a personal account (the 'Account') by providing all the information required by our application process, including a username and password and sub-sequently download and install the Software. You agree to provide accurate, complete and up-to-date information and you further agree to update this information as necessary to keep it accurate, complete and up-to-date. To amend or update these details either go to the relevant section of the Website or alternatively contact our support team.
By opening an Account you will be able to use the Service and Website. By holding an Account, you accept to comply with this Agreement, and recognize that any failure to comply may result in suspension or termination of your Account. This may include forfeiture of funds and/or legal action against you as appropriate.
Operator reserves the right to terminate, suspend, modify, remove and/or add to any of the Services at its sole discretion with immediate effect and without notice and we will not be liable for any such action.
You are prohibited from holding more than one Account. If you can no longer access your Account or have any other reason to require a new account, please contact our support team for help.
If at any time we discover that an account has been opened fraudulently or using false information we reserve the right to suspend the account pending investigation. The result of said investigation, if conclusive, may result in forfeiture of the account and any funds therein.
5.1 Inactive Account Maintenance Fee and Account Closure
5.1.1 If you do not logon to your account with your username and password and actively perform actions and or games and or active participation in Giveaways and events within a coherent period of 180 days your account will no longer be accessible and all data, information and funds (points) associated with your gaming account will be permanently lost, without any option of them or the account to be re-established in any way.
6. Charity Service / Payment Transactions
In order to use our Charity Service you will be required to donate to us (by Paypal). Operator will use third-party electronic service providers and/or financial institutions to process such financial transactions. You irrevocably authorize Operator, as necessary, to instruct such ones to handle account deposits and withdrawals from your Account as you request. You agree to be bound by the terms and conditions of use of any institutions we use.
Cash withdrawals are not allowed. Your donation will be converted to game points and can not be reversed.
In order to play any Charity game, you must have adequate funds donated prior to game play. Only stakes placed from your Account set up through the Website will be accepted for the Charity games you decide to enter. You accept that any losses will be debited to your Account. Payment of winnings (rewards) may be subject to security checks before actually being rewarded.
Since our Service is delivered instantly, you cannot cancel or claim a refund for any donation fees lost/paid for a game that you have entered. You hereby waive any cooling-off right that may apply to you in the jurisdiction where you live. A minimum of 25% of profit made (by Paypal) on Website goes to favored Charity organizations after deduction of operation cost. SMS payments go solely to Website.
You may not use the Service for any commercial use or on behalf of another person. Any use of the Service by you is for your own private purposes only.
You must keep your username and password confidential and should not disclose them to anybody including transferring your username and password to others. You may not use anyone else's password/account. You shall be responsible for all transactions conducted in relation to your Account using your password. Every person who identifies him/herself by entering your correct username and password is assumed by us to be you and all transactions where the username and password have been entered correctly will be regarded as valid.
You must notify Operator immediately of any unauthorised use or theft of your Account or any other breach of security. If requested you agree to provide Operator with evidence of such theft or unauthorised use.
You will not allow any third party to use your Account or to use the Service/Website/Software and you will not use any other person's account or means of payment to access the Service, Website or the Software.
We are using best practice for the encryption of the username and password information, and any other sensitive information transferred to and from the Software and our servers, thus securing the you and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to the Service and/or have your Account blocked, and we reserve the right to inform any applicable authorities.
You have sole responsibility for any and all activities that occur under your account. If the security of your account is compromised in any way, we shall not be liable for any loss that you may incur as a result of someone else using your username, password or Account, with or without your knowledge. If you have lost your account name or password, or if you feel they have been compromised, please contact our support team for a replacement.
8. Security Review
To maintain the security of the Website and Service, Operator reserves the right to conduct security reviews at any time to check the registration data provided by you, to verify your use of our Services and your financial transactions for potential breach of this Agreement and of applicable law. As such you authorize us and our agents to make any inquiries about you and for us to use and disclose to any third party any data we consider necessary to verify the information you provide to us or should provide to us in accordance with this Agreement. In addition, to facilitate these security reviews, you agree to provide such information or documentation as Operator may request.
The Service is reviewed at Operator's discretion to ensure fairness. This is a very quick process and will only delay payment of winnings for a short period. If we have reason to believe that fraudulent activity has taken place, then Operator retains the right to not credit any affected accounts until the review is complete and any pending investigation has been completed.
9. Game Rules and Fair Play
You must use our Service according to the procedures set out in the Rules section of our Website (forum) that specifically relates to and governs any particular Service.
It is your responsibility to ensure that you understand the rules and procedures of the games offered through the Service and your use of online gaming in general before you play any such games, including how much you can win or lose.
10. Collusion and Cheat Prevention
We are committed to detecting and preventing software programs, player collusion, cheating software, hacks, cheats, whether known, unknown or suspected, or anything else that we feel enables you to have an unfair advantage over other players. You acknowledge that Operator will take measures to investigate and prevent that you have or gain such unfair advantage by using whatever methods deemed necessary and you agree to not use any such software, cheats, hacks, engage in collusive behaviour or anything else that might give you such advantage. You also acknowledge and accept that the Software will monitor all your actions on your computer when using the Service.
We will not tolerate any kind of fraudulent activity. If for any reason it is Operator's opinion that you have cheated or attempted to defraud us or any end user, or if Operator suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any reversal of a payment) or illegal transaction (including money laundering), Operator reserves the right to consider this activity to be subject to forfeiture and Account closure) as a breach of these Terms and Conditions and to share this information (together with your identity) with other websites, banks, credit card companies, and governmental agencies for the purposes of preventing such activity in the future.
Cheating means a situation where one or more players attempt to earn an unfair advantage by using unauthorised methods to impact the game and game result, e.g. by using suspected, known or unknown, hacks, ring0hacks, speed hacks, cheats etc. Any player who cheats while using the Service will be prohibited from ever using the Service, Website and Software, or any of our other related services, and their account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of cheating. If we suspect a player of cheating during a game, we may, in our sole discretion, terminate the suspected players' access to the Service and/or block his/her account. We will not be liable under any circumstances whatsoever for any loss you or any other player may accrue as a result of cheating or otherwise unlawful activity and we will not be further obliged to take any other actions in any event of suspicion of cheating or fraud.
Abusive or offensive behaviour is not tolerated on live chat, our forums, or otherwise by you on the Website, using the Service or with our staff. This is particularly true of racial, sexist, obscene, pornographic, blasphemous, defamatory or discriminatory abuse. It is also not permitted to use images which are abusive or discriminatory. Any violation of this policy will result in a suspension of playing privileges or such other action, including, but not limited to legal action as may be reasonably required by us to ensure compliance.
In addition, you may not make untrue, malicious, damaging or defamatory comments with regard to the Website, the Service or Operator's operation in any media or forum.
12. System Errors
By accepting this Agreement you agree to inform us as soon as you become aware of any errors with respect to your Account. In all circumstances whereby Operator (in its sole discretion) determines a system error has been used to gain an unfair advantage, Operator reserves the right to consider this activity to be subject to forfeiture and Account closure.
End Users shall ensure that they have the correct and fulfil the hardware requirements to use the Service, and that they do not compromise the performance of their PC by running programs which affect such performance whilst using our services.
Should there be any system failure/system error or failing in the Service, Operator will seek to return all parties to the monetary position they were in before the error occurred and if necessary refund any monies not lost using the Service as soon as possible to your Account. If you are entitled to a refund for any reason, Operator will ensure that matching funds are credited to your Account as soon as possible subject to any processing and verification required by Operator prior to the transaction.
APPLICABLE ALSO BETWEEN YOU AND PLAYBLINK:
If the cooperation between PLAYBLINK and Operator is terminated, your personal information, including your e-mail address, will be kept by the party that the aforementioned parties agree shall have the usage right of said personal information, and may be used by that party for marketing purposes in respect of you, which you hereby accept.
14. Your Responsibilities (in addition to those stated elsewhere in this Agreement)
- You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Service.
- You agree that we or a payment processing company on our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity.
- You agree to fully pay any and all payments due to us or any third party in connection with your use of the Service. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate us for such unpaid payments including any expenses incurred by us in the process of collecting your payment.
- You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Service and Website. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Service or to the Website.
- You acknowledge that if your Account is opened you will fully indemnify us and hold us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) entry, use, or reuse of the Website or Service; (b) breach of any of the terms and provisions of this agreement. You further agree to fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Website, Service and/or or the Software.
- You acknowledge that by submitting and trading your game to the Operator ("PlayBlink") through the Steam service, you agree to transfer full ownership of the game to the Operator.
15. Your warranties and representations
You warrant and represent that (in addition to your warranties and representations made elsewhere in this Agreement:
- you are acting on your own behalf;
- you are not restricted by limited legal capacity;
- all details which you give or have given in the process of registering your Account are accurate and that you will continue to update such details should there be any changes.
- you are fully aware of the fact that there is a risk of losing money (the donation) through the use of the Service to play skill esport games;
- you are not depositing funds originating from criminal and/or un-authorised activities;
- you are not otherwise conducting criminal activities and/or intending to utilise the Account in connection with such activities. You are not using or intending to use or intending to allow any other person to use the Website, Service and the Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular your jurisdiction and the laws that apply to us;
- you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game or giveaway you play or will play using the Service. Neither are you cheating or attempting to commit cheating.
- the debit/credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as lost or stolen;
- you are not one of our officer, director, employee, consultant or agent or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not any of their relatives as well (for the purpose of this clause, the term 'relative' means spouse, partner, parent, child or sibling). In any event that you have breached this prohibition, among others actions that will be taken against you, you will not be entitled to any of your winnings.
- you have not previously held an account which was suspended or terminated either by Operator, charged back any monies via an Account or maintains a current Account; and
- in opening the Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
16. Reservation of Rights
Operator reserves, at its sole discretion, the right to:
- refuse to register any applicant for registration on the Website;
- change, suspend, remove, modify or add any game, giveaway, giveaway or amount of rewards on the Website.
- Operator reserves the right to make checks on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided.
- In the event of any dispute regarding a wager or winnings, our decision will be final and binding. Operator reserves the right to reasonably withhold any winnings until the identity of the winning person is verified to Operator's satisfaction in order to ensure that the winning is being made to the correct person.
- In the event that Operator will suspect fraud or fraudulent activity on your part or any of your payments are charged back, Operator will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.
- Operator may at any time without prior notice to you terminate your use of the Service and block your Account if it considers that you are in breach of any of the terms and provisions of this Agreement or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your Account.
- Operator reserves the right, and has sole discretion with regard to withholding your Account balance, suspend or close your Account, and reverse any withdrawals, bonuses and winnings if:
- You are in breach of any of the terms and conditions of this Agreement; and/or
- Operator should become aware that you have used any other website and/or service participating in the shared esport gaming network and are suspected of fraud, collusion, payment reversals or unlawful or improper activity.
- We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of a game or giveaway.
17. Software and Results Differences
If there is any difference between the results showing on the Software installed by you and/or the Service and our server(s), the results showing on our server shall take precedence. For any activity you undertake on the Website or through our Service, Operator's records will be the ultimate authority in resolving any dispute. This is without prejudice to your other rights.
If you have complaints with regard to any activity you must submit your complaint by email within fourteen (14) days of the incident. Please visit our Contact page for details. Any notice we give to you will be sent to the email address you provide us with upon registration. It is your responsibility to keep this address accurate and check your e-mail account for receipt. If you need to amend this address at any time you may do so at the Website or contact our support team.
This agreement is effective from the moment of acceptance by clicking on the 'I agree' button, and shall remain in force indefinitely unless terminated. You may close your Account and terminate this Agreement at any time by contacting us on our Website. You will retain responsibility for all activity on your Account until such closure has been affected by us. Operator may terminate this Agreement immediately on notice (or attempted notice) to you at the email address you provide. Where Operator has terminated your Account as a result of a failed Security Review or any breach of this Agreement, any Account Balances will be forfeited.
19. Assignment/Transfer of rights
You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under this Agreement. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person, whether natural or legal, without notice and you will be deemed to consent to such as-signment.
20. Limitations and Exclusions
Your participation at the Website, downloading the Software and your usage of the Service, is at your sole choice, discretion and risk. We shall not be liable for computer malfunctions or attempts by you to participate in a manner not intended by Operator.
The Service, Website and Software, are provided to you without any warranties, either express or implied (whether by law, statute or otherwise), nor that their functions will meet your requirements or their operation will be problem free.
If, by law, we may not exclude liability or implied warranty, this shall be limited to the minimum permitted under the relevant law.
This Agreement and its contents do not exclude any liability we may have in respect of fraud or death or personal injury caused by our negligence.
Our maximum liability to you or any third party arising out of this Agreement or your use of the Website, Service or the Software, whether for breach of contract, tort (including negligence) or otherwise, will be limited to the amount, if any, you have paid in giveaway entrance fees in the previous 12 months.
21. Amendments to the Agreement
You fully understand and agree to be bound by this Agreement and as amended by Operator at its discretion. Operator may amend this Agreement at any time by publishing the amended Agreement on the relevant page of the Website. Any such change is effective upon publication.
Your continued use of the Software following publication will be deemed as binding acceptance of the changes. If you are unwilling to accept any such change, your only option is to terminate this Agreement by way of requesting Account closure. It is your sole responsibility to review this Agreement and any changes at all times. This Agreement and the documents referred to within it represent the complete and final Agreement between you and us and take precedence over any and all prior Agreements between you and us.
This Agreement is written and only available in English, if this Agreement is translated into another language, the English version will prevail.
22. Governing Law
These Terms and Conditions are governed by the laws of Turkey excluding its choice of law provisions. You hereby irrevocably consent to submit to the jurisdiction of the Turkish Courts. You further agree that any legal dispute shall be resolved on an individual basis, and not as any kind of class action.
The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or en-forceability of the remainder.
These Terms & Conditions were last updated April 20th in 2012.
If you have any questions please feel free to contact our customer support at: contact [at] playblink.com