Agreement between User and GreenShellGames.Com
Welcome to GreenShellGames.Com. The GreenShellGames.Com website (the "Site") is a Sweepstakes/Contests site comprising various web pages operated by Green Shell Games LLC ("Green Shell Games"). Green Shell Games’ services center on organized online gaming skill-based challenges and tournaments for entertainment purposes where participants compete with others of similar skill level for prizes. GreenShellGames.Com is offered to you conditioned on your acceptance, without modification, of all terms, conditions, and notices contained herein (the "Terms"). Your use of GreenShellGames.Com constitutes your agreement to all Terms. Please read the Terms carefully, and keep a copy of them for your reference.
Visiting GreenShellGames.Com or sending emails to Green Shell Games constitutes electronic communications. You hereby consent to receive electronic communications and agree that all conditions, agreements, notices, disclosures and other communications that Green Shell Games provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
By using this site, you hereby accept sole responsibility for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept sole responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You hereby, acknowledge that Green Shell Games is not responsible for third party access to your account that results from theft or misappropriation of your account. Green Shell Games and its associates reserve the sole right to refuse or cancel service, terminate accounts, or remove or edit content at any time and for any reason, within legal limits.
You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which you reside and from which you reside and from which you access the site, Log-in to the site, or participate in any skill challenge. You hereby agree to only participate in the skill challenges only after you have determined, in good-faith, that you are in compliance with all applicable state, local, and other governing laws and regulations.
Participation in fee-based tournaments for prizes is prohibited in the State of Arizona. This provision shall not be construed to imply or suggest that your participation in skill challenges from an unmentioned State is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Participation in fee-based tournaments for prizes may be prohibited in your jurisdiction and it is your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
You hereby agree to hold Green Shell Games harmless from any liability such that Green Shell Games cannot be held liable if laws applicable to you restrict or prohibit your participation in any skill challenge or contests arranged and established through the Site or otherwise. Green Shell Games makes no representations or warranties, implicit or explicit, as to your legal right to participate in any skill challenges facilitated by Green Shell Games nor shall any person affiliated, or claiming affiliation with Green Shell Games, have authority to make such representations or warranties.
Any person accepting prizes from skill challenges must be at least eighteen (18) years of age and will receive a 1099 for any prizes equal to or greater than $600 in value. Individuals accepting prizes from skill challenges are responsible for paying related taxes according to Federal and State law.
Children Under Eighteen
Green Shell Games does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under the age of eighteen (18) and older than twelve (12) years old, you may use GreenShellGames.Com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
GreenShellGames.Com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Green Shell Games and Green Shell Games is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You hereby acknowledge that Green Shell Games is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Green Shell Games of the site or any association with its operators.
Certain services made available via GreenShellGames.Com are delivered by third party sites and organizations. By using any product, service or functionality originating from the GreenShellGames.Com domain, you hereby consent to Green Shell Games sharing such information and data with any third party with whom Green Shell Games has a contractual relationship to provide the requested product, service or functionality on behalf of GreenShellGames.Com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are hereby granted a non-exclusive, non-transferable, revocable license to access and use
GreenShellGames.Com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Green Shell Games that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information, through any means, not intentionally made available or provided for through the Site.
All content included as part of Green Shell Games’ services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Green Shell Games or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Green Shell Games content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Green Shell Games and the copyright owner. You hereby acknowledge that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Green Shell Games or our licensors, except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are legal and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Green Shell Games has no obligation to monitor the Communication Services. However, Green Shell Games reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Green Shell Games reserves the right to terminate your access to any or all of the Communication Services, at any time, without notice, and for any reason whatsoever.
Green Shell Games reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Green Shell Games' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Green Shell Games does not control or endorse the content, messages or information found in any Communication Service and, therefore, Green Shell Games specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Green Shell Games spokespersons, and their views do not necessarily reflect those of Green Shell Games.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Anti-Money Laundering Notice
To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record information that identifies each person who receives more than $600 in award money in an annual year. We will ask for your name, address and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Materials Provided to GreenShellGames.Com or Posted on the Site
Green Shell Games does not claim ownership of the materials you provide to
GreenShellGames.Com (including feedback and suggestions) or post, upload, input or submit to any Green Shell Games Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Green Shell Games, our affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Green Shell Games is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Green Shell Games' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Green Shell Games’ services are controlled, operated and administered by Green Shell Games from Green Shell Games’ offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Green Shell Games Content accessed through GreenShellGames.Com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Green Shell Games, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, or any user postings made by you, or your violation of any terms of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Green Shell Games reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Green Shell Games in asserting any available defenses.
Jurisdiction and Forum
The Terms and all related matters shall be governed by the laws of the State of Idaho, without regard to its conflict of laws principles, and any legal action or proceeding related to these Terms shall be brought in any appropriate court in the State of Idaho, County of Ada. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
You and Green Shell Games hereby, to the extent permitted by law, knowingly, voluntarily and intentionally waive the right to a trial by jury in any action arising out of or relating to the Terms. This waiver applies to any legal action or proceeding whether sounding in contract, tort, negligence or otherwise.
Class Action Waiver
Any legal action arising under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Green Shell Games agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GREEN SHELL GAMES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GREEN SHELL GAMES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GREEN SHELL GAMES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Green Shell Games reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Green Shell Games as a result of the Terms or use of the Site. Green Shell Games' performance of these Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Green Shell Games' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Green Shell Games with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Green Shell Games with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Green Shell Games with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be written in English.
Changes to Terms
Green Shell Games reserves the right, in its sole discretion, to change the Terms under which GreenShellGames.Com is offered. The most current version of the Terms will supersede all previous versions. Green Shell Games encourages you to periodically review the Terms to stay informed of our updates.
Green Shell Games welcomes your questions or comments regarding the Terms:
Green Shell Games LLC
PO Box 5667
Boise, Idaho 83705
1 (208) 918-4061
Effective as of September 19, 2020