The GimmeGolf website (the "Site") is owned and operated by Skill Technology, LLC (the "Company"). Use of the Site is subject to these Terms of Service, including those terms and conditions, policies and agreements referenced herein.

User Accounts

Each visitor to the Site (a “User”) shall only have a single player account, whether the account is a free, basic user account (a “Free Account”) or an account that will allow you to enter cash tournaments (a “Cash Account”). When the User first signs up with the Site, he will create a Free Account by providing an alias that will be his user name, his password, his email address, his date of birth and gender. An account changes from a Free Account to a Cash Account when the User makes a deposit.

If the Company determines that you have more than a single Free Account, all Free Accounts created subsequent to the first account may be automatically be suspended or canceled without notice. If the Company determines that you have more than a single Cash Account, all Cash Accounts may be suspended or terminated as more fully described herein.

All Free Accounts and Cash Accounts are non‑transferable. You shall not allow any other person to access your player account or use your player account to access the Site, to participate in any tournament or game, or to accept any winnings related to your player account. By creating a player account, each User is deemed to declare that he or she has fully complied with and agrees to be bound by these Terms of Service and agrees, on behalf of himself/herself and his or her heirs, executors and administrators to release the Company and its affiliates, agencies and/or representatives from all liability, claims and demands arising out of his or her use of the Site.

GimmeGolf Games

Each game offered on the Site is a game of skill where the outcome is determined by the participants’ skill rather than chance or luck. Any and all references in these Terms of Service or the Site to “wager”, “bet”, “pots” or similar terms are solely for instructional or illustrative purposes and do not imply unlawful gambling. Each game or tournament offered on the Site is subject to its own rules. Full rules for each game offered on the Site are available on the Site. These rules are deemed to be incorporated into these Terms of Service.

The results and winners of each game or tournament available on the Site will be determined by the Company in its sole discretion. In the event of a dispute relating to a GimmeGolf game or tournament, including issues relating to a User’s compliance with these Terms of Service including any conditions related to conduct, each User agrees to be bound by the decision of the Company, which shall be final.

Users with a Free Account may choose to participate in games or tournaments with no entry fee (“Free Games”). To participate in games or tournaments where an entry fee is payable and a cash prize is awarded (“Cash Games”), you must upgrade to a Cash Account, as described herein.

No Warranties.

The Company assumes no responsibility for: (i) games or tournaments that are interrupted for any reason including, for example, due to the malfunction of computer equipment, data or software; (ii) activity on player accounts as a result of lost or stolen account or password information ; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by the Company or the Site, for any reason; (iv) any incorrect or inaccurate information, whether caused by equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of information you provide on the Site.

The Company also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or related equipment, or any other damage to your personal computer or related equipment, as a result of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Although the Company intends on making the Site available 24 hours per day, seven days per week, there can be no assurance that the Site will be available without interruption. The Company reserves the right to cancel, terminate or suspend the Site in whole or in part at any time.

THE SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE AND THE GAMES AND INFORMATION AVAILABLE ON IT WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

BY CREATING A PLAYER ACCOUNT, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS, OF THE SITE, INCLUDING INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY OR AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN ENTRY FEES ON THE SITE IN THE TWELVE MONTHS PRECEDING ANY CLAIM FOR DAMAGES.

User Representations

By creating a GimmeGolf player account, each User agrees to the collection, use and disclosure of their personal information.

By creating a GimmeGolf player account, each User agrees to the terms and policies related to conduct as provided herein, which is incorporated into these Terms of Service.

By creating a GimmeGolf player account, each User agrees to the terms of any End-User Software License Agreement as provided herein, which is incorporated into these Terms of Service.

Please note that skill gaming may not be legal in all jurisdictions. By creating a player account, you represent that your participation in the Site (whether as a User with a Cash Account or with a Free Account) is subject to all laws of the jurisdiction in which you reside and from which you access the Site.
To download the game software you shall acknowledge the following:
YOU AGREE NOT TO PARTICIPATE IN SKILL TOURNAMENT GAMES AT THE SITE EXCEPT WHERE IT IS EXPRESSLY LEGAL TO DO SO. THE COMPANY assumes no responsibility for the actions by you, the Player. You acknowledge that the games offered by the Company may be deemed an illegal activity in certain jurisdictions, and represent that you have made a reasonable inquiry into the legality of participating in GIMMEGOLF.COM games wherein you play. You acknowledge that the Site is unable to determine where its product is being used, and that the Site is therefore relying upon your representation and express acceptance of this restriction by clicking where indicated, and that you will only participate for tournament play in those locations where it is legal to do so.
ELIGIBILITY: You must be 18 years of age or older to enter. Residents of Arkansas, Arizona, Florida, Illinois, Iowa, Louisiana and Maryland may not participate for cash prizes.
This game is open to legal residents of all other states of the United States, and any other persons residing in any other jurisdiction unless this contest or entry into this contest is prohibited by applicable local law. All federal, state and local laws and regulations apply.
This Tournament shall not be used in connection with any form of gambling.

By accepting these terms and conditions you confirm and agree that:
• All the details contained in your registration form as submitted to us are true and correct. You will promptly notify us of any changes to those details.
• Your Account is for your sole, personal use only and it is not be used by you or any third party for the purpose of or in the course of any trade or business.
• You shall not allow any third party to use Your Account, password or user ID to access or use the Software.
• You fully understand the methods, rules and procedures of the games and your use of the Software will be in accordance with this Agreement.
• You are fully aware that there is a risk of losing money by participating in Cash Games and that you are fully responsible for any such loss. You agree that your participation is at your sole risk.
• You acknowledge that in registering and using the Software you have to provide us with certain personal details about yourself (including details regarding your methods of payment). While we will keep this information confidential, you agree that it may be necessary, from time to time, for us to disclose certain of these details to third parties and you consent to such disclosures.

Amendments to Terms of Service

The Company reserves the right to amend the Site’s Terms of Service at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms of Service periodically for any such modifications. These Terms of Service are in effect as of June 1, 2008.

Severability and Headings

If a court of competent jurisdiction determines that any provision of these Terms of Service is unenforceable, all other provisions will remain in full force and effect and the unenforceable provision will be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The headings provided in these Terms of Service are for convenience only and will not be used in interpreting or construing these Terms of Service.

Choice of Law and Arbitration

These Terms of Service shall be governed by the laws of the State of Illinois in the United States, without reference to provisions relating to conflict of laws. You agree that any legal action arising from any dispute relating to these Terms of Service and/or your use of the Site shall be conducted in the courts located in the aforementioned state, and you hereby irrevocably submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

CASH ACCOUNT POLICY

Eligibility

• must be an individual;
• must not be a resident of the United States who resides in Arkansas, Arizona, Florida, Illinois, Iowa, Louisiana and Maryland ;
• must be at least 18 years of age; and
• must not live in a jurisdiction, or be subject to the laws of a jurisdiction, where participation in the Site is prohibited or restricted by law.

Accuracy of Information

You represent and warrant that all information you supply to the Company is complete and accurate. You may be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by the Company, including when you withdraw funds, as described below. Your inability to provide such verification documents could result in your access to the Site being suspended and all funds in your Cash Account being locked for a period of up to 6 months to allow for further investigation. Knowingly submitting incomplete or inaccurate information shall result in immediate termination of your Cash Account and forfeiture of deposits or any winnings to which you are otherwise entitled. If the mailing address that you provided when you created your Cash Account changes, ensure that you update your Account Profile. If you make a withdrawal request and the address is no longer valid, your account may be suspended pending our investigation.

Cash Games and Free Games

Users with a Cash Account may choose to participate in Free Games or Cash Games.

Deposits

To create a Cash Account and participate in a Cash Game, you will be required to pay funds into your Cash Account by any of the methods permitted by the Site from time to time. A full list of the current deposit methods, together with step-by-step instructions for making a deposit are available on the site. Such funds will be deposited into your Cash Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to the payments into your Cash Account, depending upon your history with the Site, the method of deposit, and other factors as determined solely by the Company. The Company is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in your Cash Account. All payments into your Cash Account must be from a payment source on which you are the named account holder.

The Company may impose dollar amount limitations on the payment transactions you use to fund your activities on the Site. You acknowledge that in the case of a dispute, your validation may be used by the Company as evidence of your deposits.

Third Party Payment Processors

The Company uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from your Cash Account. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described herein. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Cash Account deposits and withdrawals from your Cash Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the Site, or via instructions to Customer Service. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms of Service (including the Cash Account Policy) and the Payment Processors’ terms and conditions, these Terms of Service shall prevail. You agree that the 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 in connection with your use of the Site.

Currency

All references to dollars or “$” on the Site are references to US dollars (USD). All transactions (including purchases, entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Company and we recommend that you contact your financial institution directly for more information.

Entry Fees and Prizes

When a User participates in a Cash Tournament, the entry fee for such Cash Tournament is immediately deducted from the User’s Cash Account balance. The fee is a payment to the Company made solely for the services and facilities provided by the Site. By participating and paying any entry fee to the Site, each User acknowledges the services provided and grants irrevocable authority to the Company to distribute the prize(s) associated with such Cash Tournament.

Users acknowledge that the amount of the prize (or prizes) for each Cash Tournament is established in advance of the tournament and will be prominently displayed. Also, prizes will not be determined by the number of participants of a Valid Tournament or the amount of any fees paid by those participants. Entry fees paid by Users is for the service and maintenance of the Site and the development of additional content.

Transaction Amalgamation

The Company reserves the right to combine some or all financial transactions (such as deposits or withdrawals) initiated by the User.

Withdrawal Process

Users may request a withdrawal of funds from their available cash account balance in their Cash Account at any time. Users, however, will be limited to no more than one (1) withdraws per seven (7) day week. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawing privileges will also be revoked for security purposes when account fraud is suspected.

The minimum withdrawal is $20 USD or the player’s entire balance (if less than $20 USD) but not more than $500 USD total per seven (7) day week. All withdrawals are subject to a $1 USD withdrawal fee. In the event that the Account balance is lower than the withdrawal processing fee, the withdrawal request will not be completed.

When you request a withdrawal of funds, the Site will process the request based on how you’ve deposited funds into your account in the past. If you have previously deposited via Credit Card or Debit Card, your card(s) will be refunded in the amount of and order by which previous charges have been made on those cards; any balance that exceeds your previous card deposits will be returned to you via check, unless you have previously deposited using a PayPal account, in which case the remaining funds will be sent via PayPal. For example, if you made a deposit from Visa card #1 in the amount of $30 to set up your account, and later made another deposit of $25 from Visa card #2, you have charged a total of $55 to your Visa cards. If you have grown your balance by winning and want to cash out $65, the Company will refund $30 to Visa card #1, then $25 to Visa card #2, and send $10 to you via check or PayPal, less the Withdrawal Fee.

Most withdrawal requests through Credit Card, Debit Card, or PayPal should be in your account within 5 business days. If you do not receive your withdrawal within 5 business days, please contact customer service.

Checks will be mailed within 10 business days. All checks will be mailed to the current address reflected on the User’s Cash Account. If a check is returned to the Company (due to an incorrect address or any other reason) the User’s account will be suspended.

The withdrawal process is designed to minimize customer fees and add an additional element of security to protect the Site’s customers. In the ongoing pursuit of abolishing fraudulent behavior and account hijacking, the Company reserves the right to require the Cash Account User or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if the Company has not received verification within 10 days, the withdrawal request will be canceled and the account in question will be suspended.

Your winnings are awarded to you in their entirety, and all federal, state, and local taxes due in connection with any winnings awarded to you are your sole liability.

Forfeiture and Account Suspension/Termination

The Company is committed to taking all necessary measures to prevent anything that gives a User an unfair advantage over another User. We are also committed to ensuring that the Site’s environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a player is failing to observe the terms and policies related to acceptable conduct.

As described below, if you are found to be violating the Site’s policies, we may suspend or revoke your Account, and/or seize funds in your Cash Account to repay Users who you have cheated against and/or commence civil and criminal legal proceedings against you. The Company shall cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

The Company reserves the right, in its sole discretion, to take any action described above if the Company determines that: (i) you have breached any term of these Terms of Service; (ii) you are participating in any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honor legitimate charges or requests for payment, or you have ‘charged back’ or denied any of the purchases or deposits that you made to your Cash Account; or (iv) you are participating in any attempt to cheat another User through collusion or other means, regardless of the outcome.

The failure to enforce any provision of the Terms of Service, or the failure to require at any time performance by you of any of the Terms of Service, shall not be construed to be a present or future waiver of such provisions. The express waiver by the Company of any provision, condition or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Inactive Accounts

If you do not participate in a Free Game or Cash Tournament at least once during a calendar month, your Cash Account will be deemed inactive. If your Account becomes (or has become) inactive, the Company shall charge you an administrative fee (the “Inactive Account Fee”) of $1 USD once every calendar month as long as your Account remains inactive. The Company will deduct this fee directly from your Cash Account balance. In the event that you have less than $1.00 in your Cash Account, the Company will withdraw an amount that will bring the balance of the Cash Account to zero.

In the event that your Cash Account has been deemed inactive for a period of 6 consecutive calendar months, regardless of whether the Company has deducted Inactive Account Fees, the Company reserves the right to close your Cash Account without further notice.

Termination

You are entitled to close your Cash Account at any time by contacting customer service. The Company will respond to your request within a reasonable time. You shall continue to assume responsibility for all activity on your Cash Account until such closure has been completed.