1. Gamedek. a. Skill Games Site. Welcome to Gamedek.com, owned by Arkadium, Inc. ("Arkadium"). Gamedek is an Internet entertainment content provider devoted to providing opportunities for qualified players to play skill games directly with another player on the internet or in an internet tournament. The terms "Site" referred to in these Terms and Conditions of Use shall refer to the website created and owned by Gamedek, Inc. and any and all proprietary software and other materials developed by Gamedek which must be downloaded and used by the player to play Gamedek related skill games and tournaments.

b. Binding Agreement. Arkadium has created this Site for your personal use, enjoyment, and entertainment. You agree that you have reviewed, have accepted and have agreed to be bound by these Terms and Conditions of Use before participating in any game or tournament on the Site. These Terms and Conditions of Use contain the entire agreement between you and Gamedek relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms and Conditions of Use are a binding legal document that defines your rights and obligations related to your use of this Site. You are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all these Terms and Conditions of Use and all applicable laws related to your use of the Site. These rules spell out the important aspects of eligibility, registration, tax consequences,etc. Gamedek reserves the right to modify or amend this Agreement, and all rules, regulations, and payoffs without notice at any time with or without notice. It is at all times your responsibility to read the most current form of these Terms and Conditions of Use before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

c. Secured Access and User ID. You may only use the Site if you meet the eligibility requirements for registration and use, personally register as a player on the Site, personally acquire and use a userID and password, and are aware of and comply with the laws of the states that affect your participation in a game of skill or tournament on the Site. You are solely responsible for maintaining the strict confidentiality of the userIDs, passwords and codes (collectively, "IDs") we assign to you and for any charges, damages, or losses that may be incurred or suffered as a result of your failure to do so. We are not liable for any harm related to the theft of your IDs, your disclosure of your Ids to any other person or entity, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs or of any other need to deactivate an ID due to security concerns. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Gamedek considers to be offensive.

d. Accuracy of Player's Information. You represent and warrant that all of the information that you supply to Gamedek, including the information on the registration forms, is complete, accurate and current and that you will update the information when it changes. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2. ELIGIBILITY REQUIREMENTS.

a. Legal Age. All games on this Site are intended solely as entertainment for adults and therefore each player must be "legal age" to register and to play. "The "legal age" may vary in accordance with state law, and in most states you must be at least 18 years old. However, if Player resides in Nebraska or Alabama. he/she must be at-least 19 years of age, and if in Mississippi, he/she must be at-least over 21 years old.

All Minors in their respective Jurisdiction are strictly forbidden to play fee-based games and other tournaments - THERE ARE NO EXCEPTIONS to this requirement!

b. Other Requirements for Players in the United States. In addition to being of legal age, a player in the United States must also satisfy the following requirements in order to open an account and/or participate in any game or tournament offered on the Site:

1. You must be a natural person (not a corporation or partnership).
2. You must be the named person who has been assigned to the e-mail address submitted on your account registration form;
3. You must be a U.S. citizen or resident alien with a U.S. address;
4. You must be physically located within the U.S.;
5. You must be aware of the laws of the U.S. state where you are physically located and where you reside concerning participation in "games of skill and tournaments," and
6. You must be physically located in a U.S. state in which participation in the game or tournaments offered on the Site is unrestricted by law.

c. Other Requirements for Players Outside of the United States. In addition to being of legal age, a player outside of the United States must also satisfy the following requirements in order to open an account and/or participate in any game or tournament offered on the Site:

1. You must be a natural person (not a corporation or partnership).
2. You must be the named person who has been assigned to the e-mail address submitted on your account registration form;
3. You must be aware of the laws of the country where you are physically located and where you reside concerning participation in "games of skill."
4. You must be physically located in a country in which participation in the game or tournaments offered on the Site is unrestricted by law.

d. Other Ineligible Persons. In addition, the following persons are ineligible to participate in any tournament or receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of Gamedek, Inc., its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any game or 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.

3. KNOW YOUR STATE'S LAWS REGARDING GAMES OF SKILL and TOURNAMENTS.

a. Games of Skill. Your access and/or use of our Site are at your own risk, and YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. Gamedek is a site devoted to Games of Skill, NOT games of chance. "Games of Skill" require a certain amount of "skill" to win - the winner isn't chosen solely by chance and the outcome of the game relies upon the skill and knowledge of the player. Games of Skill include games such as chess, trivia contests, essay contests, sporting contests, and similar types of contests. "Games of chance" include lottos, sweepstakes, and other contests where the winner is usually chosen in a random drawing, or where the player's personal skill has no bearing on the outcome. It is illegal to charge an entry fee of any sort for "games of chance" in every state, and in some states for games of skill. Gamedek does not include any games of chance on its Site and the player may play free games on the Site.

b. State Laws Vary. The rules and laws governing games of skill and tournaments with entry fees and/or prizes are determined by each state, and these laws vary significantly from state-to-state. Each player of Gamedek agrees and hereby represents (i) that he or she is .ware of the laws of the state where he or she is physically located or lives which govern these types of games of skill and tournaments, and (ii) that these laws do not prohibit the participation of the player in such games or tournaments or impose any registration fee or other payment to any governmental body for any of the player's activities on the Site. The following is intended only as an overview of the various state laws and SHOULD NOT BE RELIED ON BY THE PLAYER:

1. Gamedek CANNOT offer fee-based tournaments with prizes to residents of the following states: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Tennessee, and Vermont.
2. It is legal to charge an entry fee for "skill games" EXCEPT in Vermont and Maryland, where it is strictly against the law to charge an entry fee for ANY kind of contest.
3. All states require "disclosure" statements, which would include the retail value of the prizes, how the Site would determine what to do in case of a tie, how long a winner has to claim their prize, etc. Limitations on the following specific games are imposed in the following states:
   1. Backgammon: Arizona, Arkansas, California, Delaware, Florida, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Nevada, New Jersey, Rhode Island, South Carolina, Tennessee, Wisconsin.
   2. Chess: Arizona, Arkansas, Delaware, Florida, Iowa, Louisiana, Maryland, Minnesota, New Jersey, Tennessee, Virginia, Wisconsin, Wyoming.
   3. 3. Checkers: Arizona, Arkansas, Delaware, Florida, Iowa, Louisiana, Maryland, Minnesota, New Jersey, Tennessee, Wisconsin

We cannot guarantee that all of the games of skill on Gamedek comply with all of the laws of your particular jurisdiction. It is therefore very important that YOU, the player, are aware of the laws in your state BEFORE you pay a game on Gamedek.

d. Legality and Taxes. i. 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 you are solely responsible for obeying those laws. We make no claims that the Site is appropriate for access or use in all of the States and outside the U.S. Your access and/or use of our Site in all of the States and outside the U.S. is at your own risk, and you are responsible for compliance with the laws of your jurisdiction. 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, about your legal right to participate in any game or tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

ii. The Site reserves the right to monitor the location from which you access the Site and/or where you live and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any player receiving any prize or winnings to provide the Site with proof that he or she is eligible to participate according to the Terms and Conditions.

At registration, you are required to submit the following information to Gamedek: an alias that will be your screen name, a Login ID, a password and your e-mail address. Upon establishing a positive Gamedek account balance for entry fee tournaments, you are required to submit the following information: full name, permanent residential addressand credit card information.

iii. FORM 1099. In compliance with United States Internal Revenue Service regulations, the Site is required to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. At the time that a player wins in excess of $600 (USD) on the Site in any given year, the player will be required to submit his o. her social security number to the Site before the Site is permitted to credit your account for any winnings in excess of $600. Failure to provide your social security number at that time will result in the Site's inability to credit your account for any winnings in excess of $600. You shall have 12 months in which to provide the Site with your social security number, and, if you fail to provide your social security number to the Site after that time, the Site shall have the right to close your account and you shall be deemed to have forfeited your winnings in excess of the $600 and Gamedek shall be entitled to keep all such winnings in excess of the $600.

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

4. LIMITATIONS ON PARTICIPATION. a. One Account per Player. You may establish only one account 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, all of your accounts may be terminated.

b. Credit Card Limitations. The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. As of November, 2001, Gamedek has established that no player may deposit more than $250 per month into its player account from any source. The Site may also impose limitations on the net dollar amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time.

5. SUBMISSIONS.

a. Developer's Zone. Gamedek is creating a separate program called the Developer's Zone for players who want to submit a game ("Player's Game") to Gamedek that all players may access and play. All aspects of these games, including compensation to the game creator from proceeds of the game, will be governed by the terms specifically related to the Developer's Zone, which will be announced soon. Watch for developments!

b. Submissions other than a Player's Game. If you send any other comments or suggestions , to the Site (other than a Players Game), including, but not limited to, notes, text, drawings, or computer programs, such submissions shall become, and shall remain, the sole property of Gamedek. No submission shall be subject to any obligation of confidence on the part of Gamedek. Gamedek shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

c. Photo ID. You may submit your photograph to Gamedek which may be displayed on the Site and which you can use as your icon. You represent to Gamedek that you will only submit a photo of yourself that complies with all of the other terms and conditions set forth in these Terms and Conditions of Use. You must be able to prove to Gamedek upon request that the photograph is a photograph of you and of no one else. Gamedek reserves the right to refuse to display your photograph or to remove it after submission for any reason whatsoever in its sole discretion. Gamedek will not be held liable for any inaccuracies, errors or omissions in the submission or use of your photo or for any damages arising from any of the foregoing.

6. PROPRIETARY RIGHTS. a. By registering for an account and/or participating in any game of skill, tournament or other activity offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site or other copyright holder. You may not modify, publish. transmit, 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Neither these Gamedek materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Gamedek will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT ON THE SITE CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.

b. Infringement Damages. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. You hereby grant to Gamedek and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Arkade and/or any e-mail sent by you to Gamedek (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

c. Monitoring. Gamedek shall have the right, but not the obligation, to monitor the content of the Site and the Arkade to determine compliance with these Terms and Conditions of Use and any other operating rules that may be established by Gamedek from time to time. Gamedek shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Arkade. Without limiting the foregoing, Gamedek shall have the right, but not the obligation, to remove any material that Gamedek, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Gamedek, users shall remain solely responsible for the content of their messages and other submitted information. You acknowledge and agree that neither Gamedek nor any of its officers, directors, affiliates, third party content providers or licensors shall assume or have any liability for any action or inaction by Gamedek with respect to any conduct within the Site or any communication or posting on the Arkade.

d. Third Party Benefit. The foregoing provisions of this Section are for the benefit of Gamedek, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

7. RECOMMENDED SYSTEM CONFIGURATION. The tournaments offered on the Site will function best if your computer system meets the following requirements: See the Technical Support section of the FAQ.

8. ADVERTISEMENTS AND LINKS. The Site may contain announcements placed by or on behalf of third parties and may contain links to other web sites, resources and advertisers. . These third party web sites are not under Gamedek's control and Gamedek is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external site. Under no circumstances shall Gamedek be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster. UNLESS EXPRESSLY STATED BY Gamedek. Gamedek DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITE OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU.

9. FULL ASSUMPTION OF RISK OF LOSS. a. Risk of Loss of Money. Players who choose to enter games and the fee-based Tournaments on the Site do so at their own discretion and risk. As in any money-based game, there is the risk of loss of money. Player fully understands that he/she can elect to play free games that are also available on the Site. A Player shall not participate in fee-based Tournaments (nor accept any Prize) if Player does not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein. Player understands that such rules, regulations, terms and conditions may change from time-to-time and that Player is responsible for reviewing such rules, regulations, terms and conditions from time-to-time to ascertain any changes.

b. Malfunction. In case of a malfunction or discontinuance of service for which the Site is directly responsible that causes you to be unable to complete a contest in which you have begun to participate, the Site will refund any entry fee charged to your credit card for that unfinished contest only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or discontinuance. Gamedek AND THE SITE ARE NOT LIABLE FOR ANY POTENTIAL WINNINGS FROM ANY UNFINISHED CONTEST.

c. Acceptance of Risk of Disconnections. Player understands that there are many separately managed networks, servers and other distribution points connecting your location to Gamedek and that each is a potential point of occasional failure and Player accepts the risk of all Internet disconnections.

In the event of a disconnect during a game or tournament that is not an Gamedek, network, server or other distribution point failure, Gamedek will allow each player to fully reconnect directly to the original game within a 10-minute period. The plays for all games are recorded, and if the Player intentionally disconnects from a game for any reason, Gamedek will have grounds for dismissal from the game or tournament and may ban the Player from the Site. In addition, if the player fails to reconnect within such 10-minute period, such player shall forfeit any applicable game or tournament fee or wager. Gamedek represents that it shall maintain a completely impartial position in operating this Site and in determining the status of a player disconnect and Gamedek reserves the right to determine the result of any unfinished games or tournaments on an individual basis.

In the rare and unlikely event of an Gamedek, network, server or other distribution point failure, a game or tournament in play during such failure will be deemed as cancelled. Once the network, server or other distribution point restarts, we will refund the game or Tournament entry fees to each player's account that was still in the game or tournament, respectively, at the time. This resolution treats all players fairly. If a player was eliminated from the game or tournament before such network, server or other distribution point failure, they are considered "out of the game or tournament" and will not receive an entry fee refund or any portion of the prize pool.

10. TERMINATION. Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. Gamedek may terminate this Agreement and your right to access and use the Site at any time, with or without cause. You may terminate this Agreement by providing Gamedek with written notice of your termination and ceasing to use or access the Site. We reserve the right to discontinue or make changes to the Site at any time.

11. CHAT ROOMS. The term "CHAT ROOMS" means the bulletin boards, chat rooms and other use. participatory areas on any area of the Site.

a. General. Gamedek shall have the right at any time to change or discontinue any aspect or feature of the Site including, but not limited to, the Chat Rooms, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Arkade a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

b. Use of the Gamedek Site. The Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the Site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, intolerant, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, lewd, pornographic, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law or rule established by Gamedek or which uses **asterisks** or any other attempt to disguise such words or attacks (flaming). Each Player or user must use his/her own screen names and may not impersonate any other player or person or use or attempt to use their name, screen name or photo.

No conduct shall be undertaken that, in Gamedek's judgment, restricts or inhibits any other user from using or enjoying the Site. Advertising or commercial solicitation may be posted on or transmitted through the Site but only with Gamedek's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Gamedek.

The Site is intended for use relating to the Gamedek games, tournaments and Gamedek. Please do not share any of your personal information (your name, phone number, home address, password) with others on the Site. No Player may attack (flame) any individual, company or product.

All information disclosed or submitted to Gamedek or others in Gamedek Chat Rooms or in other chat or other areas of Gamedek becomes the property or Gamedek and is considered to be donated to the public. Gamedek is not responsible for any information any player chooses to disclose to others. You may not use any different or advanced formats, fonts, languages or other programming codes or commands in any submission to Gamedek or in any chat messages. Gamedek reserves the right to terminate the accounts of users who violate these standards, or who in any way abuse the community purpose of the chat areas.

b. Report Abusive Activity. If you find someone violating these rules of usage, please let Gamedek know by going to the help area. If someone is bothering you, Gamedek can block or delete these other activities - but only if you report this behavior!. Again, Gamedek requests that you do not give out any of your personal information, phone numbers or login ID to others.

12. SPAM EMAIL AND POSTINGS. a. Spam. "Spam" is defined on this Site 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 on the Site that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; and Solicitations posted to Chat Rooms, or to groups or individuals through any means or techniques.

b. Irreparable Harm. You agree that Gamedek would be irreparably harmed by the use, by you or others, of the Site in connection with the transmission of spam newsgro.p postings or unsolicited email in violation of these Terms and Conditions of Use, and that Gamedek is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Gamedek reserves the right to block, filter or delete unsolicited email. Users who are reported and whose claims of "Spam" are validated by Gamedek will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Gamedek without previous notice. 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 game or tournament play.

c. Report Abusive Activity. If you find someone violating these rules of usage, please let Gamedek know by going to the help area. If someone is bothering you, Gamedek can block or delete these other activities - but only if you report this behavior!. Again, Gamedek requests that you do not give out any of your personal information, phone numbers or login ID to others.

13. REFER MADNESS POLICY. SHARE Gamedek WITH YOUR FRIENDS WITH OUR REFER MADNESS PROGRAM! We hope that you love our Site and want to share Gamedek with your friends. We have created a Refer Madness Program so that you can introduce your friends to Gamedek and receive a Refer Madness bonus for each set of 10 friends who participates on the terms set forth in these Terms and Conditions of Use.

a. Refer Madness Candidates. Each person you refer to Gamedek under this program must meet the same eligibility requirements that apply to you and which are set forth in paragraph 2 above. You may refer as many people as you want to Gamedek under the Refer Madness Program, provided that (i) you believe that they would want to become qualified game players of Gamedek, (ii) you have an established personal or business relationship with such person, (iii) they are considered to be a qualified person in an eligible state, and (iv) you agree and affirmatively authorize Gamedek to contact such person by e-mail on your behalf in connection with the Refer Madness Program. You may only refer an individual person with an individual mailing address and you may refer each friend only once. You may not refer a group e-mail address or an e-mail mailing list and you agree that you will not provide any false e-mail addresses or names for the Refer Madness Program. Obviously, you may not refer yourself under the terms of this program.

b. Refer Madness Bonus. You will be paid a one time Refer Madness Bonus of $5 for each set of 10 players who meet all of the following requirements: (1) they register as a player on Gamedek and enter your screenname as the referring party on the registration application, (ii) they set up a Positive Balance player account and deposit the minimum account deposit amount, which shall not be refunded to them, and (iii) they play the minimum number of games required by Gamedek to keep an active account during the previous month. Each Refer Madness Bonus will be paid at the end of the month following the month in which the 10 players meet the requirements, PROVIDED also that you have an active positive balance account with Gamedek and have played the minimum number of games in the applicable month. Gamedek will deposit the amount of the Refer Madness Bonus into your Gamedek account. Please be aware that the annual amount of such Refer Madness Bonuses will be added to your annual "winnings" and included in your W-9 income. Each month you may review the activity of each of your referees in the Refer Madness Player Activity account that will be set up for you.

c. Possible Termination. In addition to other remedies set forth in these Terms and Conditions of Use, Gamedek reserves the right to terminate your account and to terminate any Refer Madness Bonuses that have not been paid to you .ursuant to the terms of this paragraph if Gamedek determines in its sole discretion with or without notice that you have breached any condition of or have failed to comply with any provision of these Terms and Conditions of Use. Gamedek also reserves the right to monitor and terminate any e-mails related to your Refer Madness program in its sole discretion with or without notice. If your account is terminated for any reason under these Terms and Conditions of Use, you shall forfeit the right to receive any Refer Madness Bonuses that you may otherwise have been entitled to receive.

e. Contacting Your Contacts Through E-Mail. Gamedek reserves the right to contact by e-mail the friends whose email information you have submitted to it under the terms of this Refer Madness Program. You grant to Gamedek the right to use your name and e-mail address in communications with your contacts and referees in connection with the Refer Madness Program. You represent to Gamedek that you have an established business or personal relationship with each person whose name you have submitted to Gamedek under the Refer Madness Program and that you believe in good faith that such person is or would be interested in receiving information about Gamedek.

14. PRIVACY POLICY. By registering for an account with Gamedek, you agree that the Site may display in its games your screen name, game records, tournament records, rankings and personal profile (as created by the user). You agree that your acceptance of any prize from the Site shall also constitute a grant to Gamedek of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and without additional consent. In particular, Gamedek reserves the right to publish your name in the event that you are a winner of a game of skill or a tournament.

Other than as set forth above, the Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions of Use or other rules of the Site. However, Gamedek reserves the right to collect general demographic and other market information about you and your account, provided that all such information does not specifically identify you to any person without your additional consent.

15. GENERAL DISCLAIMERS. THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

16. EXCLUSIONSOF DAMAGES. UNDER NO CIRCUMSTANCES WHATSOE.ER WILL THE SITE OR Gamedek BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE SITE OR Gamedek OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER THE SITE OR Gamedek HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

17. LIMITATION OF LIABILITY. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT,THE SITE OR Gamedek SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSOR OF THE AMOUNT THAT YOU DEPOSITED WITH US FOR THE MONTH PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR THE AMOUNT REMAINING IN YOUR ACCOUNT ON THE DAY OF SUCH ACT OR OMISSION. YOU AND THE SITE AND Gamedek WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.

18. INDEMNITY. You agree to defend, indemnify, and hold Gamedek, Inc., its employees, officers, directors, licensees, affiliates, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all losses, expenses, costs, liabilities and all damages whatsoever (including any reasonable attorneys' fees, expert fees and other reasonable costs of litigation) that may arise as a result of Player's: (a) breach or alleged breach of the terms of this Agreement, (b) unauthorized or unlawful use of the Site, (c) unauthorized or unlawful use of the Site by any other person using your Ids, (d) use of any materials at the Site, (iii) entry or participation in any of the Game(s) of Skill, (iv) entry or participation in fee-based Tournaments, or, (v) the acceptance of any winnings or Prizes distributed by the Site or in connection with any activities connected with the Site.

19. NO WAIVER. The failure of Gamedek to exercise or enforce any right or provision of the Terms and Conditions of Use does not constitute a waiver of such right or provision. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

20. SEVERANCE. If any provision of these Terms and Conditions of Use is held to be invalid, such invalidity will not. affect the remaining provisions.

21. GOVERNING LAW. Gamedek's corporate headquarters are in New York, New York, in the United States of America. These Terms and Conditions of Use will be governed and construed in accordance with the substantive laws of the State of New York, without respect to any principles of conflicts of laws. You expressly agree that exclusive jurisdiction for any dispute with Gamedek, or in any way relating to your access or use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving us or agents, employees, contractors, officers, directors, telecommunication providers and content providers. Gamedek makes no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of our Site outside the U.S. is at your own risk, and you .re responsible for compliance with the laws of your jurisdiction.