Video Game Tournaments For Money

Using The Service

Terms and Conditions

Welcome to Gaming Cellar! These Terms of Use (the “Terms”) govern your access to and use of the website www.gamingcellar.com (the “Website”) / ("Gaming Cellar"), its content, the software and any associated products, materials and services made available through this website (collectively, the "Services"). Please read these Terms carefully. If you don’t accept any part of these Terms, you must not use this website or our Services. In particular, you must not use our Services if you are under 18 years of age. BY ACCESSING THE WEBSITE OR USING OUR SERVICES, WHETHER OR NOT YOU ARE A REGISTERED MEMBER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.

Gaming Cellar Limited, a company registered in England with company number 09073119 and its registered office at Office 7, 35-37 Ludgate Hill, London, EC4M 7JN, United Kingdom (“we”, “us” or “our”) owns this Website. We reserve the right to modify, discontinue or terminate the services or to modify these Terms, at any time without prior notice. The most current version of these Terms will always be posted on this Website. If a revision, in our sole discretion, is material we may notify you by email. BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR ANY CHANGES, PLEASE STOP USING THE WEBSITE.

OUR SERVICES

The Website provides users with the opportunity to enter into video game challenges and tournaments by means of an online portal where members can arrange, conduct and track contests against other users solely in connection with skill-based games. Users may challenge one another to a match for an agreed cash amount or they may enter fixed cash-prize tournaments as posted on the website from time to time. You acknowledge that we reserve the right to deduct a management fee in respect of any prize awarded for a match or tournament via the Website (the “Management Fee”). Management Fees may vary depending on the challenge or tournament and we reserve the right to modify such Management Fees at any time. Please refer to the details of individual challenges and tournaments for information on the applicable Management Fee.

ELIGIBILITY

You may only access and use our Services if you comply with the following requirements:

You must be at least 18 years of age. Parents or guardians of children under 18 may not agree to these Terms on their behalf. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us.
You must be a citizen or resident of, and be physically located in, a country or state (as applicable) where (a) skilled gaming is permitted by law and (b) your participation in the Website and Services is not restricted by applicable laws (i.e. the laws that apply to you in the location that you access our Services). If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services. The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from entering skilled tournaments for cash prizes. Gaming Cellar does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. Gaming Cellar shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist Gaming Cellar, to the extent you are able, with its compliance with applicable laws and regulations.
You must comply with these Terms and any rules specified on the website at all times.
- We have the right to deny access to anyone and we may at any time require that you provide proof of eligibility to participate in order to continue to allow you access to the Website and the Services. We also reserve the right to monitor the location from which you access the Website and to block access from any jurisdiction in which participation is illegal or restricted. We make no representation or warranty as to your legal right to participate in any challenge or tournament offered on the Website.
- Except with respect to arranging, entering, establishing and/or participating in any challenge for demonstration purposes, the following individuals are not eligible to participate in any contest via the Website: (i) our officers, employees, agents, partners, sponsors and contractors and their immediate family members and (ii) any person (such as games developers or manufacturers) with access to non-public information regarding the operation of any challenge arranged or established through the Services.

REGISTERING AN ACCOUNT

In order to use our Services, you must register to create an account (the “Account”). When registering an Account you will be asked to provide your name, username, email address, PayPal account details and any other information set out in the registration form. It is your responsibility to ensure that any information you provide to us about yourself remains true, accurate, current and complete at all times.

In order to access certain features including without limitation cash-prize offers and promotional items which may be available from time to time, we may require further information from you (including proof of identity and proof of address). You are not required to provide such additional information to continue having an Account but your ability to access certain features of the Services may be affected.

If you violate any of these Terms, we may in our absolute discretion decide whether or not to terminate your Account and pursue any judicial course of action which may be applicable in the circumstances. If you breach these Terms and we end your membership, we may not allow you to register with us again and any winnings you may be entitled to may, in our sole discretion, become void.

CLOSING OR DELETING YOUR ACCOUNT

You must contact us if you wish to close your Account. You acknowledge that we reserve the right to log off or delete accounts that are inactive for an extended period of time or to terminate your Account, or limit or prohibit your participation in any game or tournament for any reason.

If your Account is closed or deleted, whether by you or us, the following will apply:

You may no longer have access to any information stored within your Account and we may, in our discretion, choose to delete or archive any such information
Any funds that may be withdrawn in the Account will be made available to you provided that you satisfy all the requirements for such withdrawal and subject to any relevant fees being paid

If we determine in our sole discretion that you have attempted to defraud us and/or the Website by using unauthorised means of payment or if you fail honour legitimate charges to your Account or requests for payment, we will terminate your Account with immediate effect and any prize you may be entitled to will be forfeited. In such instances, we reserve the right to pursue civil action or criminal prosecution as the case may be.

ENTRY FEE

In order to post or accept a challenge or otherwise participate in any match or tournament on the Website, you must first pay an entry fee which will be immediately deducted from your Account’s balance (the “Entry Fee”). Your Entry Fee will be held by us and will be used to pay (i) our Management Fee (as defined here and as modified from time to time) and (ii) the cash prize associated with the challenge or tournament in question. We may at any time without notice modify the Entry Fees and/or the proportion of the Entry Fee which may be allocated to our Management Fee and the cash-prize.

POSTING A CHALLENGE

You can only post challenges which are in compliance with these Terms and you are entirely responsible for the information that you provide concerning any challenges you post. When you post a challenge, it will be open for acceptance by other members of the Website. We may choose, in our absolute discretion, to terminate any challenge posted on the Website without any liability to you. You may cancel a challenge you posted at any time before it has been accepted by another user. In such instances, we will refund the associated Entry Fee to your Account. If you wish to cancel a challenge that has been accepted by another user, you must notify us before the agreed time for the relevant match and we may in our sole discretion choose to refund you the associated Entry Fee.

You acknowledge that we do not accept challenges on our own behalf and we make no representation about your individual chances of winning or the outcome of any challenges you accept. You further acknowledge that we are not responsible for checking the reasonableness of individual challenges or for determining skill level of entrants nor are we liable for incorrect information posted by members on the Website.

ACCEPTING A CHALLENGE

When you accept a challenge on the Website, you expressly confirm that you understand the nature of the challenge and that you agree to be bound by the challenge terms. Furthermore, by accepting a challenge, you commit to playing the match related to challenge at a mutually agreed time within the specified timeframe. You will have up to one hour prior to the scheduled match time to withdraw from and cancel your acceptance of the challenge. If you fail to play a schedule match (whether it was posted by you or another user), we have the right to cancel it and retain any relevant Entry Fees and/or Management Fees.

Once a challenge has been accepted, we have the right (but no obligation) to cancel it if: (i) all relevant participants agree to it being cancelled, (ii) no results are reported to us within two (2) hours following the expiration of the challenge timeframe, (iii) multiple participants report conflicting results and we are unable to determine the winner. In such instances, if we choose to cancel the challenge, Entry Fees will be refunded to users.

REPORTING RESULTS

Upon completion of a match or tournament, you need to report your results to us within 2 hours following the expiration the specified timeframe for the relevant game. This can be done via the 'My Matches' page. Please follow the on-screen instructions to set up your game and report your contest results. You acknowledge that we, in our sole discretion, determine the results and winners of each match and you further acknowledge that any such determinations are final.

PRIZES

The value of cash-prizes will be disclosed at the beginning of tournaments and challenges together with details of the relevant Management Fee. Cash-prizes will be deposited directly into winners' Accounts within a commercially reasonable time. If a tournament or challenge has to end prematurely as a result of maintenance or technical problems, we will determine in our sole discretion how to allocate the relevant prize.

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you.

You acknowledge and agree that the Company may publish the amounts you have won alongside your username on the Sites and/or through social networks.

DEPOSITS

You can only accept a challenge or take part in a tournament if you have funds in your Account. Funds can be added by any of the methods permitted by the Website from time to time and deposits will be deemed complete only upon receipt of funds by us. We may, in our sole discretion, establish the minimum or maximum amounts you may be allowed to pay into your Account as well as the method by which you may make a deposit. You can only make a payment into your Account from a payment source on which you are the named account holder and we reserve the right to ask for verification of any deposits made into your Account.

We are under no obligation to, and we do not, accept funded Accounts from users in any countries or states where skill-based gaming is prohibited and we may at any time refuse to permit the funding of a user’s Account for any reason.

WITHDRAWALS

Subject to any provisions to the contrary set out in these Terms, you can request withdrawals from your Account at any time and we will make all reasonable efforts to process them within a commercially reasonable time. We can only carry out withdrawals from our Account if there are sufficient funds for the requested transfer, taking into account any pending fees which may be due to us.

We also reserve the right to carry out a verification procedure to ascertain the validity of a withdrawal request and the identity of a member. Withdrawal payments will not be made until such verification is received. If we have not received verification within 10 days following the request or if the member’s identity has not been ascertained to our reasonable satisfaction, we will cancel the request for withdrawal, suspend the Account in question and contact the member by email.

We reserve the right to withhold the payment of any funds that may be withdrawn where we have a serious and reasonable suspicion of fraudulent activity on your Account. Furthermore, if we mistakenly credit any funds to your Account, those funds will remain our property and will be automatically removed from your Account once we notice the error. If you withdraw any funds that were wrongfully credited to your Account, those funds will constitute a debt by you to us.

There may be service charges regarding any transfer of funds from your Account depending on your chosen method. Details of such charges will be made known to you prior to the withdrawal taking place. You are solely responsible for any local taxes that may be applicable to you in connections with any winnings gained via the Website.

OUR PROPRIETARY RIGHTS

With the exception of User Content (as described below) this Website, its contents and all intellectual property rights included in or associated with it (“Our Content”) are either owned by us or owned by others and licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Website for your personal non-commercial use, as envisaged and permitted by the Services. You agree not to modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit or create derivative works from Our Content accessible on the Website. Except as explicitly authorised by us, use of Our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

PROHIBITED ACTIVITIES

Without intending to be exhaustive or limit in any way our right to determine whether any act, omission or conduct of any kind violates these Terms, you agree not to engage in any of the following prohibited activities in connection with the Services and the Website:

Copying, distributing or disclosing any part of the Services or the Website in any medium, including without limitation by any "scraping"
Using any automated system (including without limitation "robots," "spiders," and "offline readers"), screen analysis utilities, player collusion, any type of similar modifications or methods to access the Website or to affect the outcome of your online game play
Altering in any way the human skill component of any game play on your platform
Using the Services to cheat or assist in cheating (either by automated means, third party software or otherwise)
Transmitting spam, chain letters, or other unsolicited email
Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or that otherwise interferes with the proper working of the Services or the integrity or security of our servers
Collecting any personally identifiable information, including account names, from the services
Using the Services for advertising or commercial solicitation purposes
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity and/or conducting fraud, hiding or attempting to hide your identity
Engage in any conduct that inhibits any other person from using or enjoying the Services and which negatively affects the user experience or otherwise affects other player’s ability to compete fairly
Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Website and Services

You are solely responsible for your interactions with other users and you acknowledge that you may be exposed to content that is offensive, indecent or objectionable, or otherwise unsuited to your purpose and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any User Content.

You shall use the Services and the Software only in good faith towards both the website and other players using the Services. In the event that we have reasonable suspicion that you have been using the Services or the Software in bad faith we have the right to terminate your account with the Services and any other accounts you may hold with the website and the we will be entitled to retain all monies therein. You hereby expressly waive any future claims against us in such regard.

You shall not make any statements or otherwise behave in a manner that is sexually explicit or grossly offensive, including any expressions of bigotry, racism, hatred or profanity anywhere on the website.

You shall not make any statements or otherwise behave in a manner that is abusive, defamatory or harassing or insulting to other users.

You shall not make statements or otherwise behave in any manner that attempts to exploit the website for purposes of advertising or promoting any commercial or private interests.

We reserve the right, but have no obligation, to (i) monitor interactions between you and other users and to reject and/or remove any content that we believe, in our sole discretion, violate these Terms and to (ii) take appropriate action against any person we suspect to be engaging in any unlawful activity or otherwise violating these Terms. Under no circumstances shall we be obligated to investigate or pursue any complaints against a member using the Website or Services. You will not be entitled to a refund from us for any sums you believe to be owed to you as a result of any other user's misconduct, unlawful behaviour or otherwise, whether or not the we purse any action against such user.

We reserve the right to limit your activity on the site in any way we deem appropriate.

USER CONTENT

When you submit any information, comments, questions and other content or information via the Services (collectively, "User Content"), you grant us a worldwide, non-exclusive, transferable, royalty-free license to use, adapt, modify, display or otherwise exploit such User Content and any copyright, publicity and database rights related to such User Content in any media known now or in the future solely for the purposes of providing the Services.

You also grant each user and Member of the Website a non-exclusive license to access your User Content through the Services and the Website, and to use, reproduce, distribute, display and otherwise exploit such User Content as permitted through the functionality of the Services and in compliance with these Terms.

You represent and warrant that: (i) all your User Content and other information that you provide to us is truthful, accurate and complete; (ii) you own and control all applicable rights relating to your User Content, or you have obtained consent to your use of such User Content as contemplated by these Terms, (iii) your User Content will not violate any law or infringe any rights of any third party; and (iv) you have the power to grant the license set forth in the preceding paragraph.

POSTING CONTENT

As concerns all the areas and features of the Website and the Services, you agree not to post information, materials or content that:

We determine, in our sole discretion, to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, misleading, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libellous, threatening, profane, obscene, pornographic, or otherwise objectionable
May create a risk of any other loss or damage to any person or property
Is illegal or may constitute or contribute to a crime or tort
You do not have a right to make available under any law or under contractual or fiduciary relationships or
You know is not correct and current

We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violate these Terms.

THIRD PARTY LINKS, SITES AND SERVICEST

The Website will contain links to third-party websites, advertisers, services, special offers, and other events or activities (collectively, “Third-Party Services”) that are not owned or controlled by us. We do not endorse or assume any responsibility for any such Third-Party Services nor do we make any representation or warranty that such Third-Party Services, either in whole or in part, will be accessible uninterrupted at all times and without fault through our Website.

When you access Third-Party Services via the Website, you may do so at your own risk, and you agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We advise you to familiarise yourself with the terms of use of any such Third-Party Services and to abide to any such terms which may be applicable to you.

COMPATIBILITY

You acknowledge and agree that we are not responsible for the compatibility and functionality of your hardware, software or browser and/or network connections with the Website or third party sites. We are also not responsible for your resulting access to or use of our Website or any other website or the timing, receipt and accuracy of information transmitted to or received via the Website or any other website. We make no representation or warranty that the Website or the Services will be up-to-date, uninterrupted, secure, error-free or non-misleading, or that any defects in the Website will be corrected.

PRIVACY AND SECURITY

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.

You bear full responsibility for maintaining the confidentiality of your login details and you must not allow any other person to access your Account or the Services

Furthermore, you acknowledge that we cannot confirm the purported identity of each member. Although we may carry out background checks and identity verification, we cannot make any representation or warranty as to the accuracy and completeness of any information provided by members.

DISCLAIMER

The Services, the Website and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

LIMITATION OF LIABILITY

Except in the case of death or personal injury resulting from our negligence or in the case of any other liability which may not be excluded by law, we are not responsible or liable for losses or harm not caused by our breach of these Terms or negligence, or losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms.

In particular and without limitation, we are not responsible to you for any loss or harm that you suffer as a result of:

Any unauthorised person accessing your Account and using the Website
Technical failures or the lack of availability of our Website and Services
Any errors, mistakes, inaccuracies or omissions in any User Content or third party content posted or sent over the Website or the Services
The use of any User Content or third party content made available through the Website
The deletion or failure to store any User Content placed on the Website
Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein

FOR ANY LOSSES OR HARM (OTHER THAN THOSE MENTIONED IN THIS SECTION), IN ANY PERIOD OF TWELVE MONTHS, WE WILL ONLY BE RESPONSIBLE FOR LOSSES OR HARM WHICH ARE A REASONABLY FORESEEABLE CONSEQUENCE OF OUR NEGLIGENCE OR BREACH OF THESE TERMS UP TO SUM THAT IS THE LESSER OF (I) THE AGGREGATE AMOUNT THAT YOU HAVE PAID TO US IN THE THREE-MONTH PERIOD ENDING ON THE DATE OF YOUR CLAIM OR (II) ONE HUNDRED POUNDS (£100). LOSSES AND HARM ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME OF YOU AGREEING TO THESE TERMS AND CONDITIONS.

INDEMNITY

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities, settlements, judgments and costs (including but not limited to legal fees) arising from::

Your use of and access to the Website, including any data or content transmitted or received by you
Your violation of any provision of these Terms
Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights
Your violation of any applicable law, rule or regulation
Any other party's access and use of the Website with your username, password or other appropriate security code

CHANGE AND TERMINATION

We may, without prior notice, change or stop the Services, the Website or some of its features or create usage limits. We may permanently or temporarily terminate or suspend your access to the Services and the Website without notice or liability to us, for any reason, including if, in our sole determination, you violate any provision of these Terms. Upon termination of your access to the Website, you will continue to be bound by those Terms which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

GENERAL PROVISIONS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision. Furthermore, our failure to assert any right under these Terms shall not constitute a waiver of such right. Except as expressly stated otherwise, any notices shall be given by email to us at the contact email address below and to you at your email address provided during registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

HOW TO CONTACT US

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website. If you have any questions about these Terms or any questions, complaints or claims, please contact us at: [email protected]