Fuller Systems, Inc, a California corporation (‘Company’) is an Internet entertainment content provider of the multiplayer skill-based game of Cribbage, as provided through the website www.cribbagepro.net, the game known as "Cribbage Pro" or "Cribbage Pro Online", available thereon, through various applications accessible through smartphone operating systems like Android® and iOS® (collectively, the "Service"). The Service may be utilized in a solitary or multi-player format, and in the latter may be enjoyed as a fee-based game of skill (the "Contest"). As with games played in-person or with physical game pieces or cards, a participant (hereinafter, "Player" or "You", with singular forms intended to include the plural, as appropriate) may pay an entry fee to participate and may win cash or prizes in return. By using or accessing the Service and Contest, You agree to be bound by these Terms. The Company, via an Administrator appointed at its sole discretion, shall be the sole arbiter in regard to the applicability, scope, and enforcement of these Terms.
Before participating in the Contest, a Player is required to review, accept, and agree to be bound by these Terms, and recognize that any and all decisions of the Administrator are final. These Terms provide important conditions of eligibility, registration, potential tax consequences, and other factors. These Terms are subject to change and revision without prior written notice, and at the sole discretion of the Administrator. Mentions of regulations, taxes or similar governmental requirements or obligations should not be considered legal or tax advice of any kind, and each Player is individually responsible to make sure he or she understands and complies with all applicable laws in their respective jurisdictions.
A Player must periodically review these Terms, and the same are available directly at www.cribbagepro.net. For purposes of this paragraph, "periodically" is defined as being a frequency of not less than once each month. In each instance, PLEASE READ THEM IN THEIR ENTIRETY. Please be advised that a Player’s use of the Service and/or participation in a Contest constitutes that Player’s consent to be bound by these Terms.
Contest Age Restrictions:
Fee-based contests are designed as entertainment services for adults and are therefore restricted to individuals of legal age. As a typical guideline for the participants of contests in the United States, a minimum age of 18 years is mandated. However, if the player resides in Nebraska or Alabama, they must be at-least 19 years of age, and if in Mississippi, over 21 years old. If you are unsure of your individual jurisdiction or restrictions on age, please consult with the appropriate jurisdiction directly. Minors are strictly forbidden to play fee-based games or contests if such play is unlawful in their respective jurisdictions. No exceptions will be granted under any circumstance, and any such Player of this particular Contest assumes all risk of circumventing safeguards and protocols put in place by the Company in regard to participation in any Contest offered by the Service.
Note that there is absolutely no cost to participate in game-play offered by the Service that does not constitute a "Contest," as herein defined and further defined at http://www.cribbagepro.net/about/cribbage-pro-contest.html.
Location Restrictions & Eligibility:
Any Player, to open an account and/or participate in any offered Contest, must:
Note: Company makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Contest offered. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Service and Contest, and are solely responsible for obeying those laws. You agree that neither the Company nor any shareholder, director, office, or Administrator (collectively, "Affiliates") thereof can or shall be held liable for Your contravention of any state law or regulation. As a general guideline in the United States, rules governing contests with entry fees and/or prizes are set up by each individual state and not by the federal government. Based on these 50 sets of laws as currently understood, players CANNOT participate in fee-based contests with prizes if they reside in the following states:
Arizona, Arkansas, Delaware, Florida, Iowa, Illinois, Kentucky, Louisiana, Maryland, Missouri, New York, South Carolina, Nevada, Ohio, Washington and Vermont.
As such, participation in a Contest is VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Company and Administrator reserve the right to detect, monitor and otherwise log the location from which you access the service and to subsequently block access from any jurisdiction in which participation is deemed illegal or restricted and/or otherwise limited by these terms or as determined by the Company. Company’s efforts in detecting when a block to access would be appropriate is intended to be Company’s good-faith effort to assure compliance with the respective laws governing of its Players. Any delay in blocking a given Player’s unlawful participation shall not constitute the Company’s permission or consent for that Player’s unlawful activity, and neither the Company nor its Affiliates shall be held liable for any such breach.
There is no gambling, betting or wagering of any kind at Company. Company games like Cribbage Pro are no different from chess and golf tournaments or other skill-based games that have been played for cash or prizes all around the world for hundreds of years.
US Federal legislation of September 30, 2006 -- H.R.4411 "Internet Gambling Enforcement Act of 2006" Sec. 5362 defines illegal betting or wagering as including "the purchase of a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance)".
The outcome of a Contest is based predominantly upon the player's skill, not chance. This is very different than lotteries, bingo games or other gaming typically found in a casino, where every player ultimately faces the same odds or chance. Company has created the Contest such that the it runs in a fair and equitable manner, enabling the outcome to be predominantly based on a Player’s skill. By delivering equally randomized and shuffled decks of cards and following the standard set of game guidelines and rules as outlined by the American Cribbage Congress for Cribbage for things like the cut card, order of the dealing of the cards and dealer selection, no player is favored and each player has an equal chance of winning against the other.
Even though the distinctions between skill-based games and games of chance are clear, there are still a few states within the U.S. that have not yet permitted skill-based games to be played for cash or prizes. For those states and regions, Cribbage Pro can be played, but only on a free basis without cash or prize offerings (no Contests).
ALL Prizes available through the Contest are determined by the number of participants and the amount of any entry fees paid by those participants. Generally, the total of all entry fees collected from all players at the start of the game, minus 15% of that total (representing a fee paid by the Player to Company for hosting the Contest), will constitute the prize amount. Prizes will be deposited directly into a winning Player’s account and will usually be available within thirty (30) minutes of the end of a Contest. Appropriate data security standards and age and location verification requirements are in place and were designed intentionally to block access to minors and persons located out of States, Regions or Countries that specifically disallow Games of Skill, and to prevent unauthorized access by any person whose age and current location has not been verified in accordance with such State's law or regulations as best Company can determine.
Full Assumption of Risk of Loss and Indemnification:
Players who choose to enter fee-based contests, including this Contest, do so at their own discretion and risk. As in any money-based game, there is the risk of loss of money. By his or her play and implicit understanding of these Terms, the Player fully understands that he/she can elect to play free games that are also available in the Cribbage Pro game. If You decide to play a Contest, that game of skill will be made immediately available for Your use. Unless applicable state law is specifically to the contrary, there will be no 1) Right to cancel; or 2) "Cooling Off Period,"; or 3) Reasonable expectation of any refund by Company, its Affiliates, or other Players in reimbursement of Player’s losses. Player assumes all risk of play in regard to any entered Contest.
By using the Service and Contests so provided, each Player agrees that the following statements are true and fully-understood by Player:
You agree to hold Company and its Affiliates completely harmless, fully indemnifying them from any and all costs, expenses, liabilities and all damages whatsoever that may arise as a result of Player's entry or use of the Service and any Contest offered thereby, including instances of personal financial loss sustained by the Player and/or any taxable event and liability incurred.
Governing Law and Disputes:
These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law. You further agree that any disagreement, claim, controversy or dispute arising between you and Company and/or its Affiliates shall be resolved and shall proceed only through arbitration in Sacramento County, California. Any such arbitration will comply with and will be governed by the provisions of the California Arbitration Act. Any hearings, conferences or any arbitration proceedings shall take place only in Sacramento County, California, and shall be administered by JAMS, AAA or similar (the administrating body to be chosen solely by Company.)
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM OR DISPUTE. ANY SUCH CLAIM FOR DAMAGES IS HEREBY DEEMED GROUNDS FOR COMPANY TO REQUEST AND OBTAIN REASONABLE ATTORNEY’S FEES AND COSTS FOR PURPOSES OF ITS DEFENSE.
Prior to the filing of any action for Arbitration, You agree to provide at least Sixty (60) days Notice. Following Notice, all parties shall negotiate in good faith for a period of Sixty (60) Days before initiating any arbitration or court proceeding. Such informal negotiations commence upon receipt of a written notice from one person to the other. You must send your notice in a clearly marked, postage paid envelope to:
Fuller Systems, Inc
11230 Gold Express Drive #310-119
Gold River, CA 95670
Disputes with Others:
Company reserves the right, but has no obligation, to monitor and/or manage disputes between You and other users of the Service. If You have a dispute with another Player, You release Company and hereby agree to indemnify Company and its Affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Disputes of Game Results:
Games are only eligible for dispute of results within an 8 hour period after the game started. Disputes must be initiated as soon as possible with an email to support@FullerSystems.com which must include your user name, your opponents name and the approximate time the game started. If there is a valid reason to dispute the game, stop playing the game immediately, even if it means disconnecting and/or forfeiting a game, and contact Company immediately. By continuing to play after the presumed error or a disputable event has occurred, a player thereby agrees with the situation "as is". All game disputes are treated in a fair and impartial manner as quickly as possible. Company administrative decisions regarding any disputed game results are final.
Company maintains 100% impartiality in operating this game and the corresponding site and reserves the right to let Stay or Annul or Proportionately Settle any unfinished Contests on a case-by-case basis depending on players' chances to win at the point of game interruption.
The Contest is considered as played to completion if all of the following conditions are in place:
The Contest may be annulled and all collected fees (if any) returned if the following conditions are true:
In the rare and unlikely event of a server problem (hardware and/or software), a Contest in play during the problem will be annulled if it cannot be saved to be scheduled to complete later. Company will refund the entry fees to each Player's account that was still in the Contest at the time. This resolution treats all Players fairly.
Entire and Unmodified Agreement:
These Terms, in connection with the other obligations and rules provided by state law and the Service, constitute the entire agreement between you and Company and cannot be modified by You. The Terms cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Company. Nothing in this subsection will prevent Company from modifying these Terms and posting such modifications on the Site.
If any portion of these Terms is deemed void or unenforceable, then that provision shall be deemed severable from the other provisions contained herein, which other provisions shall remain in full force and effect.
By registering for an account and/or participating in any offered Contest, You agree that Company and its Affiliates are not responsible for any damage, loss, or injury resulting from use, access, or attempted use or access of the Service or Contest. You further agree that Company and its Affiliates are not liable for any damage, loss, or injury caused by downloading any information in regard to the Contest. Without limiting the generality of the foregoing, You agree that Company and Affiliates are not liable for any damage to your personal computer or device, any damage, loss, or corruption of data, or any consequential or incidental damages arising from the Service or Contest. In case of a malfunction, or temporary or permanent discontinuance of service that causes a temporary or permanent loss of your personal or financial data, including but not limited to the loss of Your account information - the Company will be responsible solely for the repayment of the amount equal up to a maximum of your one last confirmed purchase (made within the past 12 months). In case of a malfunction or discontinuance of service for which Company is directly responsible that causes You to be unable to complete a contest in which you have begun to participate, the Site will refund an entry fee for that unfinished contest only. Company reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or discontinuance. Company is not liable for any potential winnings from any unfinished contest or for any winnings that remain in your account at the time of malfunction or discontinuance of the service.
The Service and Contest are provided on an "As-Is" basis, without Warranty of any kind, either Express or Implied, including but not limited to Implied Warranties of Merchantability, or Fitness for a Particular Purpose. No person affiliated with Company, or claiming any affiliation has any authority to extend any such warranties.
A Player understands and unconditionally agrees that Company cannot be held responsible for any computer device, browser, mobile carrier or operating system issue or any other related or unrelated malfunction that the player's computer system or intermediary systems connecting the player device to the service may experience.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
Technical Faults or "Bugs":
The Cribbage Pro software has gone through rigorous testing and Company strives to make the Service and Contest as reliable as possible given the unpredictable nature of mobile devices. On the occurrence of any server crash, breakdown or software malfunction, Company policy is to refund all entry fees (if any) to the participants in a Contest. In case of a disruption or malfunction of the Service during a Contest, Company will issue a refund after proper verification, the entry fee amounts only. Company is not liable for any potential winnings from any unfinished Contest.
Recommended System Configuration:
Features provided by Company to support the Service and Contest, and the use of various operating system features and multiplayer technologies are designed to provide the best possible user experience. The 'ideal' recommended configuration is a device connected to a high speed Internet Service Provider (ISP) through the most reliable connection methods possible on that device (usually Wi-Fi or a direct Ethernet connection). Players with older devices or utilizing sub-optimal Internet connections will significantly benefit from upgrading according to above recommendations and run a greater risk of issues during play as outlined below.
Company is not an Internet Service Provider (ISP). To play in a Contest, You must have Internet access and the skills required for the usage of the Game. The Player must have a device that is suitable for playing the Game. The Player is solely responsible for the data charges that any mobile operator or ISP may charge for playing the Game or Contest. You should ask your mobile operator or ISP if you are unsure what these charges will be before you play. It is your sole responsibility to confirm the technical compatibility between Your device and the Service.
Risk of Disconnections:
Players must understand and accept the risk of Internet disconnections as they can and do occur, and in particular with mobile devices the risk is greater than on computers with a direct line to the Internet and power provided directly from a wall outlet. Note that there are many separately managed networks connecting your device to the systems provided by Company. Every system in this path is a potential point of failure of any kind. It is recommended that you diagnose your connection using one of the many web or application/native services provided on your device to better understand these limits. It is advisable to repeat these diagnostics especially at the time any trouble arises.
The Game allows a full reconnect multiple times directly to the original game for intermittent connection issues on your device. As all games are recorded, intentional disconnects are grounds for dismissal from the Contest and/or from the Game in general as well as being banned from all future multiplayer game play of any kind. Company also provides a comprehensive system for resuming games where reconnecting was not immediately possible. Players agree to follow the reconnection and scheduling system to reconnect to incomplete games or risk being recorded as losing the game and forfeiting any related entry fees.
Stalling or Intentional Game Delay:
Stalling in multiplayer games is defined as purposefully slowing the rate of game-play in anticipation of the opponent(s) ultimately losing patience and withdrawing from play. Although the Contest can be set for a high maximum time per play, high per-play settings are not an invitation for stalling but it only relates to a rare possibility of occasional slow moves at the time of technical and non-technical emergencies. In case of such emergencies, the Players who have to delay their moves are encouraged to warn their opponents via chat (e.g. "brb" or "be right back"). Any stalling of games with the purpose to annoy the opponent is disallowed and repeat stallers will be identified and penalized at the sole discretion of Company.
You may establish only one account to participate in the activities offered in the Game. Company reserves the right to monitor any effort to establish multiple Contest accounts; in the event Company discovers that you have opened more than one account, all your accounts can be terminated at the Administrator’s sole discretion. The game may also impose a dollar amount limitation on the credit card transactions in which you engage to fund your activities. Company may also impose limitations on the net dollar amount you may lose during a specific period. Should your losses reach the internally-designated limit, your play in Contests may be restricted. Company reserves the right to change these dollar amount limitations at any time. Company employees, investors and subsidiary companies are allowed to take part in Contests for the purpose of testing, but may not cash-out or otherwise act in any way as to intentionally benefit themselves individually or Company.
Company shall not be obligated to verify the identity of the person requesting any withdrawal or "cash-out". In the event Company seeks verification for security reasons, Company is authorized to withhold funds until proof of identity can be confirmed. In cases such as these, the requesting party shall be obligated to participate by providing the forms of identification reasonably requested by Company.
Individual Use Restrictions:
A player who purchases "Cribbage Pro Gold" (‘CPG’) for their account becomes the sole owner and holder of the CPG. A holder of a CPG account is bound by all terms and conditions pertaining to any other Contest, as above defined, in addition to these more particular provisions, as enumerated in this paragraph. Holders of CPG are solely responsible for all account obligations and entitled to all benefits there from. It is the responsibility of each CPG holder not to allow any other person to access Your account, access the Service or engage in any type of game play, accept any winnings, or participate in any Contest using Your account information. Your CPG is not transferable to any other person. Cribbage Pro Gold given for free as part of any promotion may not be eligible for cash-out. By registering and/or participating in any Contest offered by the Service, You agree to indemnify, defend, and hold Company harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of Your account by any person.
Taxes & Laws:
You are subject to all laws of the state, province and/or country in which you reside (your jurisdiction) and from which You access the Contest, and are solely responsible for obeying those laws. It is the sole duty of each player to keep his/her account registration address current with Company for compliance purposes. You agree that Company cannot be held liable if laws applicable to You restrict or prohibit your participation. Company makes no representations or warranties, express or implied, as to your legal right to participate in any Contest offered by the Servicer on the Site, nor shall any person affiliated, or claiming affiliation, with Company have authority to make any such representations or warranties. Company reserves the right to log and monitor the location from which you access the Game or Site and to block access from any jurisdiction in which participation is illegal or restricted. Company may also require any participant receiving any prize to provide proof that he or she is eligible to participate. It is the policy of Company, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600.00 (USD in any given calendar year. However, 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, regardless of whether such 1099 is, in fact, issued.
Use of PayPal:
In order to maintain data accuracy and ensure the correct use of information, Company has put in-place appropriate electronic and managerial procedures to safeguard and secure the information we collect. Company utilizes sophisticated encryption technology to ensure that sensitive data is transferred securely and the Game and Site are protected by latest firewall (and similar) systems. This means that using Your credit card on the Company web site through PayPal is far safer than using it in many other off-line scenarios. This security is further strengthened by the use of the recognized industry leader in payment processing with PayPal. Company does not store any of your payment information which is handled exclusively by PayPal.
Players must keep their personal account information (Name/Password) strictly confidential and are solely responsible for their account transactions. It is your direct responsibility to completely exit the game to completely log-off the game and/or Site after finishing your games, purchase transactions or cash-out events to prevent any unauthorized access. You agree that Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (e.g. PayPal) in connection with this Game or the Site.
Any attempt to defraud Company 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 may otherwise be entitled, and civil and/or criminal prosecution.
Tampering, "Hacking" or Attempted Unauthorized Access:
By registering for an account and/or participating in any Contest offered by the Service, you agree that Company is not responsible for any damage, loss, or injury resulting from tampering, or other unauthorized access of your account. Any attempt to gain unauthorized access to the Service, Contest, or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Service or Contest is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any and all prizes to which you may have been otherwise entitled to.
Any attempt to participate in any Contest by means of automatic, macro, programmed, computer-assisted or similar methods, or to otherwise commit fraud with regard to the Contest or Service, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of any and all prizes to which you may have been otherwise entitled to.
Where Company has serious and reasonable suspicion of fraudulent activity on an account, we reserve the right to withhold the payment of any funds until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
At registration, You are required to submit the following information: Your user name, a password and Your e-mail address. To participate in entry fee-based Contests, You are required to submit the following information: full name, permanent residential address, phone number and potentially any credit card information as required for purchases as required by PayPal. In addition, if Your total winnings in the Game or on the Site, in any given calendar year, reach $600, the Site will request that You submit your Taxpayer Identification Number (social security number) in order to send you a Form 1099, as required by Internal Revenue Service regulations in the United States of America. Failure to complete the "W9" request to provide Your Taxpayer Identification Number at that time will result in the Site's inability to credit your account for any winnings in excess of $600 and restrict your access to participate in any new Contests.
Accuracy of Information & Fraudulent Registration:
You represent and warrant that all information You supply 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. Any player attempting a fraudulent registration, will be disqualified from play, denied prize-winnings, and if warranted, reported to the authorities.
Accounts not accessed for over 24 months may be purged or otherwise removed from our systems. Company also reserves the right to terminate your account or decline or limit your participation in any site or game activity for any reason, including, but not limited to harassment of other participants, posting of offensive material, making libelous statements, or any breach of the terms of the agreement between you and Company, and any breach of the security of your account or the Site. Any violation of Company Terms and Conditions by player and/or affiliate that includes but is not limited to spamming, promotion of illegal, offensive, pornographic material/content or any promotion of competing games or sites will immediately result in termination of account(s) as well as liability for any additional damages suffered by Company as a result of the above actions including attorney fees and associated court costs. By registering for an account and/or participating in any Contest, You consent to allow Company to access Your account information to investigate complaints or other allegations of abuse. In the event Your account is terminated due to a reason other than that which is identified herein, Company reserves the right to withhold funds to compensate Company and/or third-parties for damages.
Company will deposit funds from all suspended Accounts into an account where they will remain for a period of 180 consecutive days, beginning at the date on which the account was suspended. You may claim and withdraw funds previously in your account prior to termination by submitting a written or email request to Company that identifies your account information, without any deviation from that which was previously submitted on your account. The funds on your account, if any, will then be transferred to the last account information that was associated with your account to the e-mail address you registered. At the exact time on which your account is terminated, you will no longer be entitled to withdraw the funds.
Statute of Limitations:
Apple is not a sponsor of any contest, prize or promotion.
If you have any questions about these Terms, please contact us at support@FullerSystems.com.
Cribbage Pro Terms & Conditions © 2015 Fuller Systems, Inc. All Rights Reserved.