Terms Of Use for SkillDuel.net


This is the User Agreement (the "Agreement") for SkillDuel.net (the "Site"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of the Site and the general principles for the websites of our subsidiaries. We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement may not be otherwise amended except in a writing signed by an authorized representative of SkillDuel.net. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

  1. Terms of Usage:
    2.1 Membership Eligibility: In addition to the restrictions described below, this website may only be used by residents of the United States.
    Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. Our services are not available where prohibited or restricted by law. Our services are not available to residents of any of the following U.S. states (or while located in any of these states, or while using financial accounts registered to locations in such states): Arizona, Iowa, Louisiana, Mississippi, Montana, Nevada, Puerto Rico, Vermont, and Washington.
    If you do not qualify, please do not use the Site. If you are a business entity, you represent that you have the authority to bind the entity to this Agreement.
    2.2 Right To Terminate Usage: SkillDuel.net reserves the right to terminate any user's membership and their access to the Site, for any reason whatsoever. The following types of webpages, or links to this type of content, are not allowed: Pornography, obscenity, racism, violence, pirated programs, or any other illegal activity.
  2. Contest Rules:
    The following rules shall pertain to all Contests that are offered on the Site:
    1.1 Prize Payment: SkillDuel.net may occasionally hold a contest that offers a prize to the user who receives the best valid score before a particular date. In the event of a tie, the prize shall be split equally amongst the users who received the same best valid score. This prize payment shall be made via PayPal.com, which SkillDuel.net is not affiliated with other than using PayPal.com to issue the payment. To receive the prize payment, the user must use PayPal.com's service, and the user must incur all costs that are associated with their PayPal.com usage.
    1.2 User May Only Perform Each Contest Once Per Hour: Unless the user has received Bonus Plays, then each user, and each internet connection, may only perform each Contest once per hour. If multiple users share the same computer, then they may collectively only perform each Contest once per hour.
    1.3 Invalid Scores: A score is only a "valid score" if the user follows all the rules of each contest. Any score which is received by a user who violates any of the contest rules shall be deemed as an "invalid score", which includes, but is not limited to, any of the following:
      a) A Contest which is run from a proxy server.
      b) A user who has run a Contest more often than once an hour.
      c) A Contest which is automatically run by a program.
      d) A score which is caused by an activity that is deceptive or fraudulent in nature.
      e) A score which, for some other reason not described here, is determined by SkillDuel.net to be an invalid score.
  3. Electronic Communications:
    When you visit SkillDuel.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  4. Disclaimer Of Warranties And Limitation Of Liability:
    We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and services "as is" and without any warranty or condition, expressed, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no representations or warranties of any kind, expressed or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk. We do not warrant that the Site, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services, or this agreement (however arising, including negligence).
  5. Indemnity:
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  6. Legal Compliance:
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
  7. No Agency:
    You and SkillDuel.net are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  8. Copyrights:
    All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SkillDuel.net or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of SkillDuel.net and protected by U.S. and international copyright laws. No part of this program may be copied, reproduced, translated, or reduced to any electronic or machine readable form without the prior written consent of SkillDuel.net.
  9. Trademarks:
    "SkillDuel.net" and other marks indicated on the Site are registered trademarks of SkillDuel.net or its subsidiaries, in the United States and other countries. All graphics, logos, page headers, button icons, scripts, and service names appearing on the Site are trademarks or trade dress of SkillDuel.net or its subsidiaries. SkillDuel.net's trademarks and trade dress may not be used in connection with any product or service that is not SkillDuel.net's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SkillDuel.net. All other trademarks not owned by SkillDuel.net or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkillDuel.net or its subsidiaries.
  10. Evaluation Version:
    A new user may be invited to use an Evaluation Membership, which is only intended to demonstrate the features of SkillDuel.net. The Evaluation Membership may be terminated at any time by SkillDuel.net, at which time the user will be unable to access their Administration Website.
  11. General:
    This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising between the parties. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.