SECTION ONE - GENERAL INFORMATION

1.1 Terms and Conditions Binding

Registering as a member and/or participating in any head to head games, leagues and/or tournaments facilitated by TopGamersZone.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 Scotland, irrespective of any principles of conflicts of law.

By registering as a member and/or participating in any head to head games, leagues and/or tournaments facilitated by 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 Scotland, 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, supersede any prior Terms and Conditions, communications or information generally supplied by the Site or Site FAQs, and as such, 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.

1.5 Foreign Currencies

All financial transactions between TopGamersZone and Members will be made in Pounds Sterling (GBP). Any conversion charges associated with transactions must be met by the Member.

SECTION TWO - OBLIGATIONS

2.1 Registration

In consideration of your use of the Site, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TopGamersZone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TopGamersZone has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

(c) be a natural person, at least 18 years old, or have obtained your parent or guardian's permission to register on the site and/or participate in any games it facilitates and are the person who is assigned to the e-mail address submitted on your account registration form.

(d) On the day you start playing any game, you are at least the same age as the age indicated on the PEGI or BBFC rating listed for that game (if you're not sure, please see http://www.pegi.info/ or http://www.bbfc.co.uk/ for details), or alternatively, in the event that you are younger than the indicated PEGI or BBFC rating for that game, then you warrant and represent that you are using your own copy of the games title in question, and that neither TopGamersZone nor any of its officers, employees or agents have supplied you with, or offered to supply you with a copy of said games title.

2.2 (US Members)

In the United States (US), 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. The Site CANNOT offer fee-based competitions with prizes to residents of the following states, based on these 50 sets of laws: Arkansas, Arizona, Connecticut, Delaware, Florida, Iowa, Illinois, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. If you open an account and/or participate in any head to head games, leagues and/or tournaments facilitated by 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.

2.3 Supervising Children

TopGamersZone is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Site should assist them in setting up any relevant accounts and supervise their access to the Site. By allowing your child access to the site, they will be able to access all of the Services including, message boards, groups, instant messages and chat (among others). Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. Parents who allow their own minor child to use their Account are wholly liable for all activities conducted through it.

2.4 Credit Purchase

To participate in cash prize head to head games, leagues and/or tournaments, facilitated by TopGamersZone, it will be necessary to purchase ‘Game Credits (GCs). GCs can be purchased from TopGamersZone at a rate of £0.10 per credit. Discounts will be offered if credits are purchased in bulk. If between 2500 and 5000 credits are purchased in one transaction, the price will be £0.09 per credit and if more than 5000 credits are purchased in one transaction, the price will be £0.08 per credit. Purchased credits will be deposited in to Members' online accounts as soon as is reasonably possible once the transaction has been confirmed. All transactions will be made in Pounds Sterling (GBP) and any conversion charges associated with transactions must be met by the Member.

All funds received from the sale of GCs will be retained by TopGamersZone in a secure bank account and be kept separate and distinct from the funds of TopGamersZone and shall be managed and administered accordingly.

In addition to Game Credits members purchase, TopGamersZone may, on registration or as part of an on-site promotion, deposit into your account additional Bonus Credits (BCs). Bonus Credits can be used to enter any of our pay to play competitions or in head to head challenges but cannot be withdrawn for cash.  Any promotional offers that we may provide remain valid for as long as they are posted on our website unless otherwise stated by us.

2.5 Credit Redemption

Members may redeem all Game Credits (GCs) from their available account balance, less any Bonus Credits (BCs),  at any time. Redeemed Game Credits (GCs) will be purchased by TopGamersZone at a rate of £0.0678 per credit and will only be remitted to the PayPal account you last used to purchase game credits.  Processing of redemption requests and payments back to a PayPal account may take up to 14 days. There is no interest payable on credit balances in member accounts. All transactions will be made in Pounds Sterling (GBP) and any conversion charges associated with transactions must be met by the Member.

Any amounts that are mistakenly credited as winnings (credits) to your member account remain our property and will automatically be transferred from your member account upon the error being noticed. Any winnings (credits) mistakenly credited to your Member account yet redeemed for cash will constitute a debt owed by you to TopGamersZone Ltd in the amount of such wrongfully attributed payments.

2.6 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 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.

2.7 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 and/or league 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 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.

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.

2.8 Acknowledgment of Proprietary Rights

By registering as a member and/or participating in any head to head games, leagues and/or tournaments facilitated by 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, are 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 are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site is to be held as construing that there is any partnership or other legal relationship between TopGamersZone and those third parties which may own said Trademarks and nothing should be construed as granting, by implication, 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.

2.9 Promotional Activities

By registering for a membership, you agree that the Site may display your username, head to head game, league and/or tournament 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 name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.

2.10 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.

2.11 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 and/or credits to which you are otherwise entitled.

2.12 Information required

At registration, you are required to submit the following information: an alias that will be your username, a password, your e-mail address, full name, permanent residential address, phone number and credit card or other payment information. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases.

2.13 Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the registration form, 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. TopGamersZone utilises e-mails to notify you when you win head to head games and/or tournaments, etc and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of TopGamersZone e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- 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. Our full privacy policy can be found by accessing the Privacy Policy section of our web site.

2.14 Chat, Forum & 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, defamatory, 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, and 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, forums 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.

2.15 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

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" behaviour. 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 play.

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

2.16 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 UK.

The Site may impose limitations on the net amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your participation in the head to head games, leagues and/or tournaments facilitated by the Site will be restricted until the beginning of the next calendar month. The Site may impose limitations on the amount of credits you may purchase in any calendar month; should your purchases reach the designated limit, your purchases of further credits will be restricted until the beginning of the next calendar month. The Site reserves the right to change these amount limitations at any time. The Site reserves the right to set expiration dates or other limits on all 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 TopGamersZone into a member account, including, but not limited to promotional credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for greater than 180 days.

2.17 Abuse

Anyone who displays behaviour 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 unauthorised or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage, 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 law enforcement authorities. Additionally, all winnings (if any) may be voided at the sole discretion of the Site. The site has no liability to other Members or third parties in respect of any Abuse by Members, including but not limited to, any breaches of the Rules of Conduct in clause 2.14.

SECTION THREE - DISCLOSURES

3.1 Prizes

Game Credits won equate to prizes and they can be redeemed for cash as described in section 2.5. From time to time, TopGamersZone may offer merchandise prizes to winners of 'free to join' tournaments. In these instances, the type of prize will be clearly viisible to all members at the point of joining that competition. Each member is responsible for keeping their personal details up to date via the member's profile area of the site.

3.2 Substitution

Players may NOT request from the Site an offer of cash payment in lieu of any merchandise prize won. If a prize has become suddenly unavailable, or if the player is outside the UK or if there are other difficulties in shipping, 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.

3.3 Taxes

ALL Members are responsible for applicable income taxes for credit (cash) and/or merchandise prizes. In the case of merchandise prizes, either the Manufacturer's Suggested Retail Price, or Site acquisition price, at the Site's discretion, will be used as the cash value of the merchandise prize.

3.4 Delivery Time

Merchandise will ship within 14 days of the date the prize is claimed by the winning player, unless otherwise specified. All goods are shipped F.O.B. and accordingly the Site takes no responsibility for any damage incurred during shipping or delays in receipt. Costs of shipping are borne by TopGamersZone.

3.5 Warranties

In the case of merchandise covered by a manufacturer's warranty, the manufacturer and not the Site are 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.

3.6 Member Rankings

Member rankings will be posted on the Site and visible in member profiles.

3.7 Determination of Winners

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

3.8 Game Rules

Rules for head to head games, leagues and tournaments facilitated by the Site can be found by accessing the Rules of Play section of our web site.

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer

BY REGISTERING AS A MEMBER AND/OR PARTICIPATING IN ANY HEAD TO HEAD GAMES, LEAGUE AND/OR TOURNAMENT FACILITATED BY 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 reporting a result of a game in which you have participated, the Site will, upon receipt of a refund request, refund the entry fee charged for that unreported game only. In the case of multi-player tournaments, the game will need to be replayed and no refund of entry fees paid will be provided. 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 head to head, league and/or tournament 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 head to head game, league or tournament.

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 unauthorised 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 honour 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 Unauthorised Access

By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Site or your account.

Any attempt to gain unauthorised 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 head to head game and/or tournament facilitated by 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. Subject to the provisions of Clause 2.3 hereof, you may not allow any other person to access your account, access the Site, accept any winnings, or participate in any competition using your account information. Your account is not transferable to any other person. By registering and/or participating in any head to head games, league and/or tournament 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 solicitors' fees) arising from any use of your account by any person.

4.6 Account Termination

The Site reserves the right to terminate your membership, limit or prohibit your participation in any game, tournament or league type for any reason, including but not limited to any Abuse (see Section 2.13) by you.

By registering as a member and/or participating in any competitions facilitated by 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.