Terms and Conditions of Service
Thank you for your interest in playing the Skill of Fortune game (hereinafter referred to as “Game” or “GAME”) on SkillOfFortune.com which is brought to you by Skill Games Systems Inc. The Game challenges the player’s knowledge, common sense, logic, and other mental abilities. The Game is a fee based, pay per challenge application with potential rewards.
BY REGISTERIN FOR AN ACCOUNT WITH US (your “Account”), USING THE SERVICES IN ANY WAY, CLICKING “CONFIRM" IN THE GAME, DOWNLOADING ANY APPLICATION INTEGRATED WITH SKILL OF FORTUNE (as further defined in Section 2.2 below, “Software”), OR REGISTERING FOR OR PARTICIPATING IN ANY GAME, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN THE GAME IN WHICH YOU PARTICIPATE (“Rules”) (these Terms and Conditions of Service, the terms of any policy incorporated herein, and the Rules are collectively referred to as the “Terms”) IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you don’t wish to be bound by the Terms, do not register with Skill Of Fortune (“Skill Of Fortune”, “we” or “us”) and do not use the Services or play the GAME.
1. GENERAL TERMS
1.1. ARBITRATION.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
1.2. Changes to the Terms. UPDATED (2/10/2023)
We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at
(“Website”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Game and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
1.3. Eligibility. You may not modify these Terms except in writing signed by both you and Skill Of Fortune. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
1.3.1. United States (U.S.).
To be eligible to register an Account, to participate in any Game or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with Skill Of Fortune; (c) be physically located within the U.S. when accessing your Account and participating in Game; (d) be physically located within a U.S. state in which participation in the Game you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
1.3.2. Non-U.S.
Skill of Fortune may not be available for play outside the United States. In the event the Game becomes available for play outside the United States, to be eligible to register an Account, to participate in any Game or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with Skill Of Fortune; (c) be physically located in a jurisdiction in which participation in the Game you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
1.4. Registration.
When you create an Account, you will be asked for a legitimate email address that you control and to create a password. After registration, you will be given the opportunity to create a username or accept a username given by the Services. The password and username are needed to participate in the Services. As a registered user, you can update your account settings, including your email address, by logging into your Skill Of Fortune Account inside any Skill Of Fortune-enabled Game and accessing your acount information. Also, if you forget either your password or username, you can email us for help. Please keep your username and password secret because you are responsible for all activity in your Account. In the event we offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your Account, so please use that feature prudently because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your username.
1.5. Your Account.
As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets (defined in Section 10.3) are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any Skill Of Fortune-enabled Game.
1.6. Personal Location Data:
As a part of this service we collect location information from your device. You can disable location access through the Settings menu on your mobile device,
1.7. Use of Information Collected:
By creating or modifying a player's account and providing an email address, users authorize Skill of Fortune to provide them with important announcements, relevant promotions, and other related communications relating to the Service, Software and Game. Users will always have the opportunity to opt out of these communications at any time.
2. SERVICES AND SOFTWARE
2.1. The Services. We may, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work.. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms. We may determine that your Winnings, if any, will be forfeited, disgorged or recouped.
2.2. Software. Any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”). Whether you play or download the Software directly or from a third party, your use of the Software is subject to these Terms. We license the Software to you under Section 10.2.
2.3. Remote Access and Updates. We choose to offer technical support for Software from time to time in our discretion. Such technical support may require that we remotely access your device on which the Software is installed (“Device”). Also, if and when we update the Software or deploy patches, updates, and modifications to the Skill Of, as applicable, we may do so through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we remotely access your Device, then the Software may no longer work, and this may prevent you from participating in Game or otherwise receiving Services. Our access to your Device will be limited solely to (i) providing support (ii) updating the Software or (iii) determining your location for skill-gaming regulatory purposes only, and is governed by the terms of our Privacy Policy.
2.4 Fair Game Policy
In addition to the terms and conditions described herein, our website includes both a tutorial video, general Game rules, a reward chart for the Game, and description of our Fair Game Policy, also described hereinafter:
(A).Cancel Challenge:
Our Fair Game policy includes a simple and straight forward policy not often offered by many other games. Each challenge in this Game is offered as a form of an independent purchased challenge, with the option to cancel the challenge and quit the Game. If you find the challenge to be too difficult for your skill level or knowledge, or simply feel the Game is unfair, you can quit the displayed challenge before it ends (by clicking cancel & quit Button) and the Game credits fee for that challenge will be waived.
(B.) WEB Derived Product Pricing
The Skill of fortune does not determine the pricing of displayed products but rather points at products that are advertised on competitive online ecommerce environments. In effort to maintain the Game as both challenging and fair, and in order to minimize the Game being dramatically impacted by potential price deviation for displayed products by various ecommerce vendors, displayed products are derived from competitive ecommerce platforms where online competition controls fair pricing, and all web derived product are under the $3000 price range with a minimum of 40% or $300 price difference between displayed products. Further, for documentation and reference purposes, the link pointing to the origin of all derived web advertised products are stored in our database for each Game challenge for a period of 7 business days. Each challenge is stored with a reference number, which is displayed in the Game (spin ID), as well as both the player's and the correct answer,
(C.) Reward Reserves Level
The Reward Reserves status displayed in the game is a continuously changing percentage figure universally displayed to all participants. It allows participants to view the current percentage based threshold level of allocated Reward Reserves not yet depleted by the winnings of other participants at any point of play-time.
The Game prize amounts for challenges that are purchased and won in the Game are fully disclosed in the Game’s reward table found on the Game's website or via the Game. The Reward Reserves level, on the other hand, is a continuously changing, and displayed, proportional threshold for the overall capacity to facilitate a continuous reward based Game experience. It is directly related to the amount of in-game purchased challenges or sponsored contributions allocated for rewards.
This threshold increases as challenges are purchased by players or if sponsored contributions are added, and decreases when participant are rewarded for wining challenges. It is also continuously adjusted by software algorithms that factor in potential wins of active and pending challenges in order to verify sufficient funding to support such potential rewards. When nearly depleted, it is the determining factor as to whether or not additional challenges can be purchased by players and supported with potential rewards at any given point in time. It can also be auto-replenished or reset daily based on software algorithms that monitor available funds. Therefore, the continuous purchase of challenges during any part of the game is firstly subject to a positive Reward Reserves persentage level which continuously updated and displayed.
(D.) Playing Precedence
The Reward Reserves are allocated to allow both the most and less skillful players, as well as new participants, the opportunity to attempt wining a share of the available Reward Reserves. In effort to fairly maintain a balanced distribution of such opportunity for players at all skill levels, participation precedence is enforced. Players who had less opportunity to play or win a share of the allocated Reward Reserves shall have precedence to participate in challenges before other players which, proportionally, had the privilege to play and win significantly more than others. Without such precedence, factors such as reward reserve levels, capacity for concurrent participants, and diverse skill levels are examples of factors that could otherwise prevent a balanced distribution of opportunity for winning a portion of the allocated Reward Reserves. The Game utilizes automated algorithms to establish precedence in effort to keep the game fun and opportunistic for all participants at various skill levels.
(E.) Fair Play Enforced
The Skill of Fortune must be played without the help of any materials, tools, mechanisms, or automated means that are not provided by the Game, nor anything else other than the use of your own mental abilities and the Game’s user interface to solve challenges in the Game.
The allocated Reward Reserves are intended to reward players that play fair, so please do, otherwise:
The Game utilizes proprietary algorithms, various methods, and certain type of challenges to detect suspicious play and to enforce fair play. Since this type of Game is not a Game of luck, and requires the ability to demonstrate the use of mental abilities and knowledge consecutively to win and to advance in the Game, “Proof of Skill” is always a method that may be imposed when a flag for suspicious play is triggered. The “proof of Skill” method requires that if a player’s accounts was marked with a suspicious-play flag, the account will be excluded from play and collection of winnings until the player demonstrates their abilities via a virtual session or other testing means. This "Proof of Skill" verification method should not be an issue for those who truly possess skills and play fair, but would be for those who do not.
Please review section (7.3) hereinafter labeled ("Cheating") regarding additional measures we enforce for unfair play.
2.5. Third Party Sites.
We are not responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party software, websites or services may be subject to that third-party’s terms and conditions.
3. COMPLIANCE WITH LAWS
3.1. Prohibited US States/Countries.
You acknowledge that various rules, regulations and laws addressing games of skill, contests, and tournaments with entry fees and/or prizes govern your participation in Game (“Playing Laws”), and that Playing Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit playing a Cash Game (as defined in section 8.3) to be offered to users participating in Game in any state in which such Game violates its Playing Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Game. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. For card Games, Prohibited Jurisdictions include Maine and Indiana. Despite our reasonable efforts to enforce such said restrictions, It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right to monitor the location from which you access Services, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Game, you must accurately confirm the location from which you are playing.
3.2. Additional Laws.
In addition to Playing Laws regarding games of skill with entry fees and rewards, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Playing Laws, the “Applicable Laws”). Although we apply reasonable efforts to enforce such said restrictions, You are solely responsible for your compliance with all Applicable Laws. Access to Game may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND GAME ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Game is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
3,3 Automated Verifications
KYC/AML & GEOLOCATION Verification Requirement
The Skill of Fortune is a fee based trivia type skill game that can be played for wining cash rewards by players with qualified accounts. To qualify for collecting cash type rewards you must be at least 18 years old , must be physically playing the game from a state where playing fee based skill games for cash rewards is legal, and must have a verified player's account. A certified KYC/AML verification agency and geolocation verification are utilized to verify such eligibility . The account eligibility process may include facial, ID, age, geolocation , anti-money-Laundering, or other verifications to prevent cheating in the Game or required by law (collectively referred to as “Automated Verifications”). Unless you complete any requested Automated Verifications after creating an account, the account status remains blocked from collecting any Game cash rewards or any Game credits as cash value whether won, provided, or purchased. The game also prompts players to agree to the terms and conditions provided on this website before creating an account.
3.4. LEGAL DISCLAIMERS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY GAME OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
4. YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in the Game for which you register; and (2) you will comply with these Terms when participating in Game, receiving Services, and/or using Software; and (3) your an adult and all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of Winnings).
5. YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account, the Website, the Software and the Services by any person including yourself; (iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
6. PRIVACY
6.1. Privacy Policy.
We are committed to your privacy, and our Privacy Policy, the terms of which are incorporated into these Terms as if set forth in their entirety, explains the policies put in place and used by us to protect your privacy as you visit the Website, participate in Game, download and use the Software and receive Services, and its terms are made a part of these Terms by this reference. We receive, store and use all information that you submit to the Website and all information you submit in registering for and participating in Services, in accordance with the Privacy Policy, so please read it carefully. We also collect anonymous aggregated and/or statistical data reflecting your use of the Website and Services and may use such data for tracking, reporting and other activities in connection with our business, also all in accordance with the Privacy Policy. We will not intentionally disclose any personally identifying information about you (including information to verify eligibility to play or collect rewards such asyour driver license, social security number, your email address, phone number, passport, information obtained by the Website from cookies, and information regarding your IP address) to third parties without your consent except (1) where expressly specified in these Terms, (2) where expressly specified in the Privacy Policy, and/or (3) where we, in good faith, believe such disclosure is necessary for verification purposes necessary to comply with Applicable Laws, to enforce these Terms against you, or to help prevent a loss of life or physical injury or crime.
6.2. Communications with You.
As also detailed in the Privacy Policy, we may use emails, text messages, and push notifications to notify you when you win our Game, when a Game you have entered has completed, and to let you know of special promotions, events and policy changes. We may also communicate with you via email, text message, push notification or chat for any other purpose relating to Services or Software. We or our representatives may monitor all communications made by or received by you while using the Website and Services. If you do not wish to receive these communications from us, you may opt out by emailing support@SkillOfFortune.com
6.3. Device Information.
Using the Software and Services requires an Internet connection to our servers, and we may need to collect certain information from you and your Internet-enabled device (“Device”) in order to make the Software and Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Service from any Device that logs onto the Service using your Account. We will use this information in accordance with the Privacy Policy.
6.4. Warning.
Please take care in sending us sensitive information because third parties can unlawfully intercept or access transmissions or private communications between you and us, and you acknowledge that internet transmissions are never completely private or secure. For your safety, you should never reveal any sensitive personal information in any Skill Of Fortune-enabled public forums, message boards or chat features.
6.5. Promotional Activities.
By registering for an Account, you allow us to publicly display your username and player skill level records, and to use this information for any purpose. By using the Services, you allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or any biographical information that you submit to us (“Biographical Information”) for promotional, marketing or related business purposes, without compensation to you. However, we will never sell your Biographical Information without your prior written consent, and our use of your personally identifiable information is always governed by our Privacy Policy.
6.6. Gameplay Dialogue.
We may use third party websites and technologies to record or stream Gameplay to verify compliance with these Terms and conditions or as part of marketing and promotion of the Services. You may record and distribute your own recordings of Gameplay for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recording and distribution: (a) do not include other products or services that are competitive with the Services, and (b) comply with these Terms.
6.7. Children.
The Services will not knowingly accept personal information from anyone under 18 years old. If you believe that a child under 18 has gained access to the Services, please contact us at support@SkillOfFortune.com., we have taken commercially reasonable steps to restrict use of Services to those who are at least 18 years old. We do not sell products or services for purchase by minors.
7. ACCEPTABLE USE POLICY
7.1. Rules of Conduct.
You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us, in our sole discretion. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time should such options are made available by the Game.
• Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
• You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
• Service usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.
• Do not share personal information (your name, phone number, home address, and password) with other users.
• Do not transmit or upload any copyrighted or trademarked materials in messages or postings.
• Information disclosed in chat rooms, message boards, Gameplay dialogue or via eMessages is revealed to the public, and neither we, is responsible for information you choose to disclose to others.
• Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.
• You may not attempt to participate in any Service by means of automatic, macro, programmed or similar methods.
• You may not commit fraud with regard to any Service.
• You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
You may not make any commercial use of any of the information provided on the Website or through the Services nor make any use of the Website or Services for the benefit of a business.
7.2. Your Content.
You acknowledge that the Service is a passive conduit for user content and that: (i) neither we, , pre-screen user content or communications or (ii) control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, we may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service posted in the public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion only. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials submitted, in our discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content.
7.3. Cheating,
Fraud, and Abuse. In accessing or participating in Services or using the Software, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us, as unfair methods in participating in Services or using the Software, 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 (e.g., bots, bot nets, and collusion with bots), collusion with other players, deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your ability of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us only), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, , we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
7.4. Hacking,
Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to systems or any other user’s account, interfere with procedures or performance of Services, Software or the Website or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Account.
7.5. Restrictions.
Any use, reproduction or redistribution of the Service, Software, or related products or services (including without limitation, Digital Assets) not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Website; and/or (e) attempting to gain unauthorized access to third party accounts, the Service or Software.
8. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS
8.1. Fees.
Fees and payments for Services that you pay to participate in Game (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases. You can however, cancel a timed challenge in the Game before such timed challenge is over and quit the Game in order to reverse the use of a Game credit for such said challenge.
8.2. Billing .
We may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, we (i) will be liable for any losses resulting from the error and (ii) will be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
8.3. Purchase of Game Credits.
If you play Games integrated in a Game without depositing U.S. Dollars into your Account as a purchase for game credits in the Game, or do not complete the required Automated Age/Identity/KYC/AML/Geolocation Verifications in the Game, then you are a “Non-Cash Player” with respect to such Game and can not withdraw any Game credits as cash. However, if you play in a Game that requires payment in U.S. Dollars (“Cash Game”) and complete the required Automated Verifications, then you are a “Cash Player”, and if you establish a positive Account balance for entry fees for Cash Game, then you must submit and maintain at all times the following current and correct information: your full name, your permanent residential address, your phone number and your credit card or other payment information. Participating in Cash Game may require establishing a positive Account balance in any amount we determine. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy. If you make a credit card purchase of game credits, an authorization request will be submitted to the issuing bank of at least Ten U.S. Dollars (US $10.00) to your credit limit, even if the actual amount charged may be lower. When you request to withdraw funds from your account, you may be required to submit your social security number or other identifying information. Failure to provide your social security number or other requested identifying information at that time may result in inability to process your withdrawal for any winnings.
8.4. Bonus Funds.
If you are a Cash Player then you may be granted bonus funds or Game play credits (“Bonus Funds”). Bonus Funds can be used to play Cash Game, but cannot be withdrawn or used for any other Service. Bonus Funds will be used to enter Cash Game if Bonus Funds are the only currency available in your account. When you win a Cash Game, any Bonus Funds that you have used to pay the entry fee will be returned to you as Game credits. If you initiate a withdrawal of cashable funds from your Account, a forfeit of all non-cashable Bonus Funds currently in your Account can take place. If you do not enter a Cash Game within a continuous 60 day time period, all Bonus Funds in your account may be forfeited.
8.5. Withdrawals.
If you are a Cash Player, you may request a withdrawal of funds from your available Account cashable balance at any time providing that you complete required Automated Verifications described herein. Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested funds is made by check, or by refund to the payment method that was used to make the purchase of Game credits, and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws or verifications. A minimum withdrawal request verification and processing fee of $2.00 for any withdrawal may be assessed.
8.6. Closing Accounts;
Forfeiture of Funds. If you close your Account, funds in your Account will be returned subject to the terms of Section 8.5. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 7.5 or 8.9 hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.
8.7. Account Monthly Maintenance Fee.
If your Account is inactive (i.e. you have not entered at least one (1) Game or tournament) for six (6) consecutive months or more, a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). After five or more months of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed.
8.8. Refund Policy.
Unless otherwise required by law, no refunds are given. Alternatively, if you find the Game too difficult or unfair and want to quit the Game, and in the event that you properly terminate a purchased Game challenge within the time limit for the challenge by using the designated control in the Game, then in such event the Game's software should waive the game-credits based fee for that specific challenge. No withdrawals or refunds will be considered without your completion of all Automated Verifications described herein and other validations that may be required for Game security and/or legal compliance.
8.9. Winnings.
Winnings are firstly subject to our fair game policy described herein. Further, If you are eligible to receive Winnings, in our capacity we may require that you provide proof that you are, or were at the time of your participation in the subject Game, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to us reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment. Any malfunction or termination of a games session during a challenge voids the potential winnings for such challenge. Eligibility for increased potential reward amounts by consecutively wining challenges during any game session is limited to such active session only, and potential reward amounts will otherwise reset to the lowest level including due to a malfunction or termination.
8.10.Credit Card/PayPal Use.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud 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 Winnings, and pursuit of civil litigation and/or criminal prosecution.
8.11. Taxes
If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
9. COPYRIGHT COMPLAINTS
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this Game; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Skill Of Fortune’ Designated Agent is: Skill Of Fortune, Inc. Attn: Legal Department 16850 Collins Ave #259, Miami, FL 33160; support@SkillOfFortune.com.
10. PROPRIETARY RIGHTS
10.1. Your Content.
Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us, whether directly or through the Website, Services or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.
10.2. Software License.
Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
10.3. Digital Assets.
In the event that the Software for the Game allows you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets or credits we assign to your Account, such as virtual trophies or virtual goods or virtual currency, are collectively referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
10.4. Ownership.
All content of the Website, all Skill Of Fortune products and services, all Skill Of Fortune logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of Skill Of Fortune as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
11. TERM AND TERMINATION
These Terms apply to you and to us from the date that you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including without limitation Sections 3.3, 4, 5, 6, 8.6, 8.7, 8.9, 8.10, 10.3 and 12 through 15 (inclusive).
12. DISCLAIMERS
We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of Services, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
13. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. General.
This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Skill Of Fortune Customer Support, 16850 Collins Ave #259 Miami, FL 33160. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or Miami Florida, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
14.2. Binding arbitration. If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
14.3. Class action waiver.
To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4. Arbitration procedure.
If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in Miami, Florida, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.5. Claims or Disputes.
Must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
14.6. Equitable Relief.
You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
14.7 Language of the Terms:
If we provide a translated version of these Terms, the User Terms of Service, Terms of Service, the Skill Of Fortune Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.
15. MISCELLANEOUS
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: Skill Of Fortune Customer Support, 16850 Collins Ave #259, Miami, FL 33160. Please print these Terms for your records.
Privacy policy (updated 1/10/2023)
This Privacy Policy Statement (“Privacy Policy) is applicable to users utilizes the Skill Of Fortune and all services provided thereon (“Services”), including any Skill Of Fortune Public Forums (as defined in the Terms of Service). This Privacy Policy does not cover any interaction you may have with Skill Of Fortune by telephone, postal mail, or other offline communications.
NOTICE
Skill Of Fortune respects your privacy and is committed to protecting personal information that you provide in connection with your use of the Services. This Privacy Policy is intended to provide you notice of the Company’s information practices, including the types of information gathered, how information is used and safeguarded, and how you may control the maintenance and sharing of your information.
By USING THE SERVICES AND PLAYING SKILL OF FORTUNE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES OR PLAY.
COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER DATA
To register an account with Skill Of Fortune, you must provide an email address and password, and verify that you are over the age of 18. Skill Of Fortune will also choose or permit you to choose a username. Please note that your username could be available to the other Skill Of Fortune users while you participate in any Games or tournaments or any public forums. Your username, name, password and email address are collectively referred to as your “Account Information”.
Your personal profile will automatically be populated with your selected username, which you are allowed to change. Any information and content that you voluntarily add to your profile, such as your personal image, could be made public by default and will not be subject to this policy. Your username and profile will be publicly searchable, and your personal image could appear in search results in addition to your profile.
Should you choose to participate in Skill Of Fortune, we will ask you to submit your credit card information or your Paypal user name. To participate and withdraw funds, we also require that you provide certain personally identifiable information, including your first and last name, shipping address, phone number, and Social Security Number (your “Personally Identifiable Information”). Your Personally Identifiable Information is used to verify your identity when you withdraw cash from your account and by us and certain third party service providers to monitor for fraudulent activity and verify that you can legally participate in cash Games or tournaments and withdraw funds. By providing Personally Identifiable Information, you represent to us that it is accurate and complete, and agree to promptly update the information as necessary to ensure that your Personally Identifiable Information remains current. We reserve the right to terminate your access to the Services if for any reason we suspect that you have provided inaccurate Personally Identifiable Information. You should carefully review our Terms of Service because they include an agreement from you to indemnify and hold harmless Skill Of Fortune from any losses that result from you providing inaccurate Personally Identifiable Information.
Skill Of Fortune wants to give you the most exciting gaming experience possible. To help us figure out what you like and dislike about our Services, we may ask for your opinion from time to time. Skill Of Fortune may request and/or collect information from you on a voluntary basis when you:
• Create an account with the Services
• Withdraw or deposit cash from your account*
• Enter a shipping and billing address to withdraw cash from your account
• Participate in contests, events, or promotions
• Send questions or comments to our support team
• Fill out online surveys
*Skill Of Fortune will use third party credit card processing companies to process your transactions
.
Skill Of Fortune may also use technology, such as cookies, transparent gifs, frames, server log analysis and other technologies as they are developed, to enhance your experience with the Services. We automatically collect certain aggregate information and analytical data related to your Application usage. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and the features of our Application which you accessed.
With your consent and in connection with your use the Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the state you are located within to establish which aspects of the Services you are permitted to use. You may withdraw your consent to our collection of your location information at any time, provided that you are not participating in cash Game. If you choose to participate in a cash Game, you may not opt out of the collection of this type of geolocation data.
We urge you to keep your password confidential and refrain from sharing it with others. Skill Of Fortune will not disclose, share, sell or rent Personally Identifiable Information to any third party without your prior consent.
SPECIAL NOTICE REGARDING MINORS UNDER 18 YEARS OF AGE
The Services are not intended for young children or minors under the age of 18 to play the Game, and reasonable prevention methods are enforced. Skill Of Fortune is intent on complying with applicable laws and regulations regarding minors, including the United States’ Children’s Online Privacy Protection Act. Specifically, Skill Of Fortune will not knowingly collect and maintain any personally identifiable information from children under 18. Skill Of Fortune particularly recognizes the sensitivity of personal information concerning minors under the age of 18 and therefore does provide this special notice to parents and guardians regarding the collection and use of information collected from minors in this age group. If you are a parent or guardian who has discovered that your child has submitted his or her personal information, Skill Of Fortune will make reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please send an email support@SkillOfFortune.com. Be sure to include in your message the username, email address and password that your child submitted.
USE OF INFORMATION COLLECTED
Except as specifically outlined in this Privacy Policy, we do not share your Personally Identifiable Information or Account Information with non-affiliated third parties without your permission. We may disclose Personally Identifiable Information, aggregated information, such as demographic information, and certain statistical analysis to third party service providers to ensure compliance with applicable laws and monitor for fraudulent activity,. However, before sharing your information with any such third party, we require that the third party enter into an agreement that requires that third party to keep your information confidential, and prohibits that third party from using your information for any purpose that is not related to the Services.
We disclose information, including Personally Identifiable Information, that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Service. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity’s contact information to victims who request it.
We disclose information, including Personally Identifiable Information, in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases, whether because of a time limit, court order, inability to effectively contact a user, or for any other reason.
By upgrading an account and providing an email address, users authorize Skill Of Fortune to provide them with important announcements, relevant promotions, and other related communications. Users will always have the opportunity to opt out of these communications at any time.
Your Account Information and certain Personally Identifiable Information is transmitted to a third-party service provider for the purpose of processing any payments. The transmission of your payment information is automatic, and at no point do we, or any of our agents or employees, have the ability to review, access or retain such payment information. For more information on how your payment information is processed, please contact us at support@skilloffortune,com. If you elect to process payments using your Paypal account, your payments will be subject to Paypal’s terms of service visit paypal,com for more details.
Except as set forth herein, Skill Of Fortune does not sell, rent, or otherwise disclose Personally Identifiable Information collected from and about its users to third parties. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Skill Of Fortune’ customer information may be transferred to Skill Of Fortune’ successor or assign, if permitted by and done in accordance with applicable law.
LEGAL BASIS FOR PROCESSING
The purposes for which we process your personal data are:
1. Where we need to perform the contract we are about to enter into or have entered into with you for the Service;
2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
3. Where we need to comply with a legal or regulatory obligation.
Please contact Support@SkillOfFortune.com if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out.
USE OF CACHE DATA
A cache is a component of your mobile device that transparently stores data for record-keeping purposes. Cache data does not identify users, but does identify your mobile device. Most browsers and applications are initially set up to accept such data. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Application. Certain Application features may only be available through the collection of such data. We may use such data to assist in data collection and to track Application usage and trends to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of the Application for fraud or any other activity that does not comply with applicable laws.
Some of our business partners (e.g., analytical tracking software providers) use cookies and tracking technologies on the Application. We have no access to or control over these cookies or tracking technologies. This Privacy Policy covers the use of cookies and cache data on the Application and by us only and does not cover the use of cookies or tracking technologies by any such business partner.
ACCOUNT SECURITY
Regardless of our security efforts, the security of your account relies on your protection of your password and mobile device. You are responsible for maintaining the security of your password and mobile device. You are solely responsible for any and all activities that occur under your account. You may not share your password or the Application with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Application interface.
Any email or other communication requesting your password or asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to us immediately at support@SkillOfFortune.com. If you do share your password or your mobile device with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at support@SkillOfFortune.com.
We may have access to your password and may use such password to access your account for debugging, quality assurance, or other internal purposes.
DATA STORAGE AND TRANSFER
Your information collected through our Service may be stored and processed in the United States or any other country in which Skill Of Fortune or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards. If you wish to enquire further about these transfers, please contact us using the details set out at the end of this Privacy Policy.
For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “Collection of Personally Identifiable Information and for what purpose?”), except if required otherwise by law.
POSTINGS TO PUBLIC FORUMS
In the event public forums are made available, all postings in Skill of Fortune public forums, if established, will generally be available to, and freely accessible by, other users of the Skill of Fortune public forums as well as the Internet general public. Therefore, users should not expect that any information they post will be kept private or confidential and are encouraged to exercise discretion when using the public forums. Additionally, your username, which you can change, will always be included in conjunction with your postings in the public forums. Skill of Fortune is not responsible for events arising from the distribution of any information you choose to publicly post or share through the forums. All information or materials uploaded by you while utilizing the Services is subject to our Terms of Service
MARKETING
From time to time we may contact you with relevant information about our Services. Most messages we send will be by email. For some messages, we may use personal data we collect about you to help us determine the most relevant information to share with you.
If you do not want to receive such messages from us. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails.
MAINTAINING AND UPDATING YOUR ACCOUNT INFORMATION
As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Account Information with current and complete information. You may edit and delete portions of your Account Information. To do this, select “Account” in the main menu and choose which information to edit or delete. You can also delete your Skill of Fortune Account entirely by contacting us at skilloffortune.com and request for your account to be deleted.
After receiving any requested changes to your Account Information or Personally Identifiable Information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate the Services will be updated, corrected, changed, or deleted as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active databases. We may retain such information to resolve disputes, troubleshoot problems, and enforce our Terms of Service. In addition, it may not be technologically possible to remove every record of the information you have previously provided us, as a copy may exist in a non-erasable form that will be difficult or impossible for us to locate.
If you are the parent or guardian of a child under the age of 13, and you have discovered that your child created an account and would like to have it deleted, please e-mail us supportl@SkillOfFortune.com with your child’s username, email address and password.
GOVERNING LAW; NOTIFICATION OF CHANGES
This Privacy Policy is governed by the laws of Florida U.S.A without giving effect to any principles of conflict of law. Please note that our Services are intended only for use by residents of the United States. The United States and other countries have not harmonized their privacy regulations. Because Skill Of Fortune and its servers are located in the United States, Skill Of Fortune has written this Privacy Policy to satisfy United States regulations and the users of the Application and Services agree to that level of privacy protection. We ask that individuals residing outside of the United States refrain from using the Application or using the Services.
EFFECTIVE DATE; POLICY CHANGES
Each time you use the Application, the current version of the Privacy Policy will apply. Accordingly, when you use the Application, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Our business changes frequently and this Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
CONTACT US
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of the Application, please email us at support@SkillOfFortune.com