SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
These terms and conditions (“Terms and Conditions”) are entered into by you
and Blastworks, Inc. (“Company”, “we” or “us”), and govern your access and
use of Mahjong.com (the “Site”). By registering for an account and/or
participating in any tournament offered on the Site you accept and agree to
be bound and abide by these Terms and Conditions. If you do not want to
agree to these Terms and Conditions, you must not access or use the Site. The
Site may modify these Terms and Conditions at any time. All changes are
effective immediately when we post them, and 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 as they are binding on you. This Site
may include inaccuracies or typographical errors that may be corrected as
they are discovered at the Company’s sole discretion. Changes may be made at
any time to the information, names, text, software, images, pictures, logos
trade-marks, products and services and any other material displayed on, offered
through or contained on this Site.
1.2 Governing Law and Disputes
; Limitation on Time to File Claims
These Terms and Conditions and all matters relating to the Site will be
governed and construed in accordance with the laws of the State of Washington
irrespective of any principles of conflicts of law. By registering for an
account and/or participating in any tournament offered on the Site, you agree
that any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims) that cannot be resolved between
the parties shall be resolved individually, without resorting to any form of
class action. You further agree that any legal action arising from any
dispute shall proceed exclusively in the state or federal courts located in
Seattle, Washington (although we retain the right to bring any suit, action
or proceeding against you for breach of these Terms and Conditions in your
country of residence or any other relevant country), and you hereby submit to
personal jurisdiction and venue in such courts for the purposes of litigating
any such action. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLIAM IS
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and
rules detailed in writing on the Site, constitute the sole and 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.
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 which will continue in full force and effect.
SECTION TWO - CONDITIONS AND
2.1a Eligibility (United States)
To open an account and/or participate in any tournament offered on the Site,
Be a natural person, at least 18 years old, who is assigned to
the e-mail address submitted on your account registration form;
Be a U.S. citizen or resident alien with a U.S. address;
Be physically located within the U.S.; and
Be physically located in a U.S. state in which participation
in the tournaments offered on the Site is unrestricted by law.
Site DOES NOT offer games requiring a cash entry fee ("Cash
Competitions") to users accessing the Site from the following states:
Arkansas, Connecticut, Delaware, Illinois, Iowa, Louisiana, Maryland,
Montana, South Carolina, South Dakota, Tennessee, Arizona, Florida and
Vermont. Additionally, the Site (a) DOES NOT offer game Cash Competitions if
you reside in, or access the Site from, Indiana or Maine, VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
2.1b Eligibility (Non-U.S.)
Be a natural person, at least 18 years old, who is assigned to the e-mail
address submitted on your account registration form, and reside in a country
in which participation in the tournaments offered on the Site is unrestricted
by law. If you are a U.S. resident, make sure you are not from one of the
restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
2.2 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 Company, 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.
2.3 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered
on the Site, you acknowledge that all the 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 Company. 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 Company 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 Company makes no warranties or
representations as to its accuracy. The Company 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,
is and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by the Company or its affiliates for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, the Company 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, designs, slogans and service marks (collectively the
"Trademarks") displayed on the Site, including the names of all the
games and puzzles, are registered and unregistered Trademarks of the Company,
its affiliates, licensors or others.. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any license or
rights to use any Trademark displayed on the Site without the written
permission of the Company 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 Company will
aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution where
2.4 Promotional Activities
By registering for an account, you agree that the Site may display, print,
broadcast/stream your player name, tournament and game records. By accepting
any prize from the Site, you agree to allow the Site to print, publish,
broadcast/stream 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.
2.5 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 Company cannot be held liable if laws
applicable to you restrict or prohibit your participation. The Company makes
no representations or warranties, implicit or explicit, as to your legal
right to participate in any 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. 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 Company cannot be held liable if laws applicable to you restrict or
prohibit your participation. The Company makes no representations or
warranties, implicit or explicit, as to your legal right to participate in
any 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. It is the policy of the Site, in compliance
with the United States’ Internal Revenue Service regulations, to send a Form
1099 to any person who wins in excess
of $600 (USD) on the Site in any given year. Whether or not you receive a
Form 1099, including if you win less than $600 (USD) on the
any given year, 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.
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 Company. No submission will
be considered confidential or proprietary and shall not be subject to any
obligation of confidence on the part of the Company. The Company shall
exclusively own all rights to, and shall be entitled to unrestricted use of,
all such submissions without compensation to you.
2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an
alias that will be your player name, a password and your e-mail address. The
Site reserves the right, in its sole discretion, to change and/or suspend/terminate
offensive aliases. Upon establishing a positive Site account balance for
entry fee tournaments, you are required to submit the following information:
full name, permanent residential address, phone number and credit card or
other payment information. Please note that for every credit card deposit
made, an authorization request in the amount of at least $15 will be applied
to your credit limit, even if the actual amount charged may be lower. In
addition, if your total winnings on the Site in any given year reach $600,
the Company will request that you submit your social security number in order
to send you a Form 1099, as required by the Internal Revenue Service
regulations. 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.
The Company 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 Company, 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 Company’s disclosure of
personal information as described in Section 2.4. The Company reserves the
right to collect general demographic and other market information that does
not personally identify you to any person without additional consent. New registrants
to the Site are automatically opted-in to receive all six types of the Site’s
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.
2.9 Accuracy of Information
You represent and warrant that all the 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 to which you are otherwise entitled.
2.10 Chat & Message Board Policy
Rules of Conduct:
The Company reserves the right:
to ban users who violate these standards, or who in any way
abuse the community purpose of the chat areas.
to remove any posts for any reason.
to disclose your identity or other information about you to any
third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy
to take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the Site
understand and acknowledge you are responsible for any posts, and you, not
the Company, have full responsibility for such content, including its
legality, reliability, accuracy and appropriateness.
You must be at least 18 years old to participate in any part on the Site.
Profanity, obscenities, or the use of **asterisks** or other
"masking" characters to disguise such words, is not permitted.
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting,
indecent, threatening and harassing language of any kind will not be
Site player names 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
Do not share personal information (your name, phone number, home address,
password) with others on the site.
No advertising of any kind is allowed in messages.
No copyrighted materials are allowed in messages.
The information disclosed in the Site’s chat rooms or message boards becomes
property of the Company and is revealed to the public. The Company 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.
Without limiting the foregoing, the Company has the right
to fully cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Site. YOU WAIVE AND HOLD
HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW
However, the Company cannot review all material before it
is posted on the Site, and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, the Company assumes no
liability for any action or inaction regarding transmissions, communications
or content provided by any user or third party. The Company assumes no
liability or responsibility to anyone for performance or nonperformance of
the activities described in this section.
2.11 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
2.12 Anti-Spam Policy
The Company 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
Solicitations posted to chat rooms, or to groups or individuals via Internet
Relay Chat or "Instant Messaging" system (such as ICQ);
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 M of the user
implicated in the abuse. Suspension serves as a "Final" warning and
will prevent the abuser from continuing their abusive "Spamming"
behavior. 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.
Indemnification- Upon request by the Company, you
agree to defend, indemnify and hold harmless the Company and its affiliates,
subsidiaries, employees, contractors, officers, directors, vendors, and
content providers from all liabilities, claims, damages, judgments, awards,
losses, costs, fees and expenses, including attorneys' fees, arising out of
or relating to your violation of these Terms of Conditions or your use of the
Site, including but not limited to your posts, any use of the Site’s products
other than as expressly authorized by these Terms and Conditions or our use
of any information obtained from the Site..
If you wish to report a violation of these Terms and Conditions, including copyright
infringement claim or a violation of our Anti-Spam Policy, please forward all
evidence of abuse to: abuse@Mahjong.com Please
2.13 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 U.S.
The Site may impose dollar amount limitations on the credit card transactions
in which you engage to fund your activities on the Site. 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. Game Credits is defined as any credit
deposited by Mahjong.com on an account, including, but not limited to
promotional credits, entry fee credits, accounting credits, prize credits,
and gift credits. A dormant account shall be defined as any account that has
been inactive for greater than 180 days.
Provisional players who have not yet played a certain number of tournaments
in a particular game or tournament type may be restricted in the number and
type of tournaments they may enter.
use of machines, computers that automatically play games, scripts or ANY
automated systems to play games on the Site, or use of any method to change,
alter, interfere or otherwise modify scores, points, entries or coins is
STRICTLY PROHIBITED and may result in criminal liability under the Computer
Fraud and Abuse Act, Section 1030 of the United States Code. The Site can and
will terminate the account of and permanently disqualify any entrants who the
Company, in its sole discretion, determines as being in violation of these
Terms and Conditions.
a Game" constitutes using the game software that is downloaded to the
client computer in a browser window generated by the Site. Using the
downloaded game software in a manner not consistent with its intended use,
intercepting or sending falsified code or information, or using game software
with modified game code, or playing in any manner which gives 1 Member an
unfair advantage is considered CHEATING and WILL void all scores accumulated
in this matter and will result in the immediate termination of the Member
who displays behavior 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 unauthorized or altered software or hardware to assist play,
intentionally poor play in certain games in order to achieve a broader
competitive advantage (i.e. "sandbagging"), 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 the FBI in
accordance with the terms of certain recently passed federal legislation.
Additionally, all winnings (if any) may be voided at the sole discretion of
SECTION THREE - DISCLOSURES
3.1 Odds and Prizes
The results of all tournaments offered on the Site depend on the number and
skill level of the players participating in such tournaments; precise odds of
winning are therefore unavailable.
Prizes are generally for merchandise, which is shipped to the winners, and
subject to the terms and conditions in Section 5.. If a Limited Entry
tournament has to close prematurely, such as for maintenance or technical
problems, the prize for the tournament will be proportional to how full the
tournament was at the time of closing. The value of the prizes offered in
Progressive Jackpot Tournaments will depend on the number of participants
participating in such tournaments, and will not be available until such
tournaments have ended.. The Site reserves the right to aggregate user
withdrawal requests for systematic processing by the Site's accounting
department approximately twice per month,.
3.2 Winners Lists
Lists of winners will be posted on the Site immediately following each
tournament, except for the case of tournaments with substantial (as
determined by the Site in its sole discretion) prizes, where lists may be
delayed for up to five business days while verification of the results takes
place in order to help prevent potential abuse.
3.3 Determination of Winners
The results and the 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.
3.4 Game Rules
Rules for each specific tournament offered on the Site can be found in the
SECTION FOUR - LIMITATION ON
4.1 General Disclaimer
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 THE 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 THE USE OF THE
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
In case of a malfunction or disruption of service for which the Site is
responsible that prevents you from completing a tournament in which you have
begun to participate, the Site will, upon receipt of a refund request, refund
the entry fee charged for that unfinished tournament only. 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 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
to Third-Party Sites
Site may include hyperlinks to websites operated by parties other than Mahjong.com,
including advertisers and other content providers. Those sites may collect
data or solicit personal information from you. The Company does not control
such websites, and is not responsible for their content, privacy policies, or
for the collection, use or disclosure of any information those sites may
4.2 No Warranty; Limitation of Liability
You understand that the Company cannot and do not guarantee or warrant
that files available for downloading from the internet or the Site will be
free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of
any lost data.
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
SITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR
GOODS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR
ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY
NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE,
ITS CONTENT OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR GOODS
OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO
IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR GOODS
OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.3 Credit Card Use
You agree that the Site is not liable for any loss caused by any unauthorized
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 honor
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 Unauthorized 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 unauthorized access or
use of the Site or your account.
Any attempt to gain unauthorized access to the Site’s systems or any account,
interfere with the 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 tournament offered on 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
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 the other Terms and Conditions
of the Site) entitled to all benefits accruing thereto. You may not allow any
other person to access your account, access the Site, accept any winnings, or
participate in any tournament using your account information. Your account is
not transferable to any other person. By registering and/or participating in
any 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 attorneys' fees) arising from any use of your account by any
4.6 Account Termination
By registering for an account and/or participating in any tournament offered
on 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.
SECTION FIVE - PRIZES
5.1 General Disclaimer
Terms and Conditions for tournaments are as follows.
Players may request from the Site an offer of cash payment in lieu of any
prize won, although the Site is under no obligation to grant such request. If
the Site elects, in its sole discretion, to offer a cash payment in lieu of
any prize won, the Site reserves the right to determine the exact amount of
the cash offer, even if such cash offer may be less than the value of the
prize. The player may then elect to accept the
Site's cash offer, accept the original prize, or decline both and take
nothing. The Site also reserves the right to credit the account of a
merchandise prize winner with cash (the amount of which is in the Site's sole
discretion) in the event the prize remains unclaimed for a certain period of
time which shall in no event be less than 30 days.
-If a prize has become suddenly unavailable, or if the player is outside the
continental U.S. or if there are other difficulties in shipping, however, 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.
For all merchandise tournaments, a minimum number of user entries is required
in order for the described prize to be awarded to the tournament winner.
5.3 Limits of Play
Two players from the same household or who share a computer address cannot
both win a prize in a Progressive Merchandise or Unlimited Entry Merchandise
tournament. In such a case, the higher-scoring player will appear on the
Tournament Standings Page and receive the prize; the other player will not
appear on the Tournament Standings Page.
Limited Entry Merchandise tournaments have no time limit, and accordingly
remain open until the tournament is full, although if any such tournament
fails to close within a reasonable amount of time, the Site reserves the
right to cancel the tournament and refund all associated user entry
In the event of a tie in a merchandise prize tournament, the player who
posted the tying score first will be considered to have finished ahead of the
other tying player(s). For example, if user X and user Y tie for the 1st
place with a score of 1500, and user X finished his/her game at 2:00pm, and
user Y finished his/her game at 3:00pm, user X would win the 1st place prize,
and user Y would win the 2nd place prize (if any).
Users are responsible for applicable income taxes for merchandise prizes.
Either the Manufacturer’s Suggested Retail Price, or the Site acquisition
price, at our discretion, will be used as the cash value of the merchandise
prize. The value of the prize will be posted to your account as winnings, and
will be deducted from your account as a withdrawal (corresponding to the
shipping of the merchandise). Thus, there will be no change in the dollar
value of your account, but your year-to-date winnings will increase.
5.6 Delivery Time
Unless otherwise specified, merchandise will ship within 14 days of the date
the prize is claimed by the winning player. All goods are shipped F.O.B.
Origin, and accordingly the Site takes no responsibility for any damage
incurred during shipping. Costs of shipping are borne by the user, and will
be deducted directly from the user’s account. In certain specifically
disclosed merchandise tournaments, the Site may choose to bear the cost of
shipping within the continental U.S., although the Site is under no
obligation to do so.
In the case of merchandise covered by a manufacturer’s warranty, the manufacturer
and not the Site is 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.
5.8 Travel Prizes
Prizes involving travel and tourism will be from a specified list of cities.
Any player who wins such a prize and wishes to depart from a city not on the
specified list will be required to provide his or her own transportation to
one of the specified cities. Information required to make the reservations for
a travel prize, including the names and ages of all travelers, departure
city, and, if applicable, choice of travel dates, must be provided within one
week of the initial request for such information, or the prize may be voided.
The Site is not responsible for any damage, injury or other liability
incurred in connection with any travel or tourism, nor is the Site
responsible for any cancellation, postponement, rescheduling or quality
control issues with respect to fulfillment by the third-party travel or
5.9 Other Prizes
For prizes requiring local, state or federal licensing or approval (e.g. a
driver’s license for an automobile), players must provide evidence of such
licensing or approval within one week of the initial request for such
information, or the prize may be voided.
6.0 Fraud & Cheating
Any form of fraudulent activity on the Site, as determined at the Company's sole
discretion, is strictly prohibited. Fraudulent activity may include, but is
not limited to, stolen credit cards, transfer of funds to other player
accounts forgery, collusion, and the provision of false Registration Data or
other requested information.
Any form of cheating on the Site, as determined at the Company's sole
discretion, is strictly prohibited. Cheating includes any form of
manipulation of the outcome of the hand or game, so that the odds of winning
are changed to favor the Player. In particular, and without limitation,
cheating includes any form of collusion as that term is commonly understood in
If any customer is found to be participating in any form of collusion or
other activities that we consider to constitute cheating his or her account
may be permanently closed and any balance may be at risk of forfeiture or
withholding as per section 7 of this agreement.
7.0 FORFEITURE & ACCOUNT
THE SITE RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO
YOUR ACCOUNT, ANY RELATED ESP ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER
SITES AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY AND,
IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE
SHARED GAME/TABLE PLATFORM, TO TERMINATE YOUR ACCOUNT, WITHHOLD YOUR ACCOUNT
BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT BALANCE THE
AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
You are in material breach of any of these Terms and Conditions;
The Site becomes aware that you have used or attempted to use the Site for
the purposes of fraud, collusion (including in relation to charge-backs) or
unlawful or improper activity;
The Site becomes aware that you have played at any other online gaming site
or services and are suspected of fraud, collusion (including in relation to
charge-backs) or unlawful or improper activity;
You have 'charged back' or denied any of the purchases or deposits that you
made to your Account; or
You become bankrupt or analogous proceedings occur anywhere in the world.
8.0 MEMBERSHIP BASICS
Membership allows you to participate in certain games and activities on the
Site as a member (“Member”). This Section 8 of the Terms and Conditions and
any other rules or instructions posted on the Site regarding a particular
game, activity, contest, or sweepstakes, constitutes the entire agreement (the
“Membership Agreement”) between you and the Site regarding your use of the membership
service (“Membership Service”). If there is any conflict between this Section
8 and any other rules or instructions posted on the Site, the Site shall
resolve the conflict in its sole discretion. As a Member, you agree to all
of the terms and conditions of the applicable game rules and our Privacy
Policy, which are incorporated into this Membership Agreement.
When you accept this Membership Agreement and complete the Site registration
process as Member, you create an account ("Account") and select a
login name and password. Your login name is your online identity. You may not
use a login name that is used by someone else, and your login name cannot be
vulgar, or otherwise offensive, or be used in any way that violates the Terms
of Service. You may not provide false information during the registration
You are solely responsible for all activity on your Account and for the
security of your computer system. It is important that you not reveal your
password to other users. The Site will not ask you to reveal your password.
You agree not to reveal your password to other users. You agree to indemnify
and hold the Site harmless for any improper or illegal use of your Account.
This includes illegal or improper use by someone to whom you have given
permission to use your Account. Your Account is at risk if you let someone
use it inappropriately and your Membership is subject to termination if you
or anyone using your Account violates these Terms and Conditions. If your
Account is terminated, you may not join the Site again without our express
permission. You may not sell or charge others for the right to use your
8.2 CHARGES, BILLING AND FREE TRIALS
You may be a Member of the Site without paying the Site to participate in a
game or other activity. However, the Site will charge monthly subscription
fees to access certain areas of the Service, play certain premium games and
participate in related activities on the Site. You must be a Member of the
Site and pay the subscription or other fees to participate in these
activities. If you must pay a subscription fee to access part of our Service
or play a particular game, this information will be posted on the Site. You
will be given the option to subscribe to the game by providing us with a
valid credit card number and billing information. Current subscription fees
and other billing information are published in the FAQ.
8.2.1 Payment by Credit Card.
You must use a credit card to pay for your subscription(s). When you provide
credit card information to the Site, you represent to the Site that you are
the authorized user of the credit card that is used to pay subscription or
other fees. Each month that you use the Site, you agree and reaffirm that the
Site is authorized to charge your credit card for the subscription fee. You
agree to promptly notify the Site of any changes to your credit card account
number, its expiration date and/or your billing address, and you agree to
promptly notify the Site if your credit card expires or is canceled for any
8.2.2 Charges to Your Credit Card.
YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE
OR IN PART. The Site reserves the right to change our fees or billing methods
at any time and the Site will provide notice of any such change at least
thirty (30) days in advance. All changes will be posted on the Site and you
are responsible for reviewing the billing section of the Site to obtain
timely notice of such changes. Your continued use of the Service of thirty
(30) days after posting of the changes on the Site means that you accept such
changes. If any change is unacceptable to you, you may cancel your Membership
or a particular subscription at any time, but the Site will not refund any
fees that may have accrued to your Account before cancellation of your
Membership or subscription, and we will not prorate fees for any
subscription. If your use of the Service is subject to use or sales tax, then
the Site may also charge you for any such taxes, in addition to the
subscription or other fees published in the billing section of the Site. For
further information please refer to the FAQ. As the Account holder, you are
responsible for all charges incurred, including applicable taxes, and all
purchases made by you or anyone that uses your Account, including your family
or friends. This means that, unless your Account or credit card information
is obtained unlawfully or fraudulently by someone other than those authorized
by you to use your Account, you will be responsible for all usage and
purchases on your Account.
8.2.3 Rating restoration policy.
The rating restoration policy for an account that has been inactive for more
than 1 month is to restore 75% of the rating points and the corresponding
belts to these ratings. The restoration may only occur in the case of a
repayment of the debt for the months that the account has been
If you would like to restore 100% of your ratings and belts, and if you have
not had a Membership for up to 12 months, you may restore 100% of your
ratings and belts through paying a penalty of $5 per month of inactivity, but
no less than $25 if you have not been a Member for up to 5 months. Therefore,
the penalty for 2, 3, 4 or 5 months of inactivity is $25, 6 months - $30, 7
months - $35, …, 12 months - $60.
8.2.4 Trial Subscriptions.
For some games and activities, we may offer a free trial subscription. If you
accept a free trial subscription, we will begin to bill your Account for that
game or activity when the free trial subscription expires, unless you cancel
your subscription before that time. You are always responsible for any
Internet service provider, telephone, and other connection fees that you may
incur when using the Site, even when we offer a free trial
8.2.5 Other Sites.
We may provide links to other web sites. Some of these web sites may charge
separate fees, which are not included in any subscription or other fees that
you may pay to the Site. The Site may also provide access to third-party
vendors, who provide content, goods and or services on the Site or the
Internet. Any separate charges or obligations you incur in your dealings with
these third parties are your responsibility.
8.2.6 Automatic Renewals.
Your Membership subscription will be automatically renewed on a
monthly/yearly basis. We will bill the monthly subscription fee plus any
applicable tax to the Payment Method you provide to us during registration
(or to a different Payment Method if you change your account information).
Your Membership will automatically renew for successive monthly/yearly
subscriptions, without prior notice to you, unless and until you cancel your Membership
or we terminate it. You must cancel your Membership before it renews in order
to avoid billing of the next month's/year’s subscription fees to your Payment
You may cancel your Membership at any time and you will not be charged for
any additional renewals. For example, if your renewal date
is the 5th of each month and you cancel your Membership subscription on June
10th, then you will not be charged on July 5th (for the July 6 to August 5
period) and your Mahjong.com subscription will terminate on July 5. However,
if you cancelled on June 2nd, then your Membership subscription would
terminate on June 5th. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL
MONTH SUBCRIPTION PERIODS OR UNPLAYED GAMES. Upon cancellation, your Membership
will be downgraded to Free Player on the effective date of the termination.
We reserve the right to terminate your account for any or no reason.