TERMS AND CONDITIONS OF USE OF THE EFIND WEB SITE

THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION

SECTION ONE - GENERAL INFORMATION

1.1 Terms and Conditions Binding

Registering for an account and/or participating in any tournament offered on efind ("the Site") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible reviewing these Terms and Conditions periodically for any such modifications.

1.2 Governing Law and Disputes

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law.

By registering for an account and/or participating in any tournament offered on the Site, you agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in San Mateo County, CA, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement

These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.

1.4 Severability

If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1a Eligibility (United States)

To open an account and/or participate in any tournament offered on the Site, you must:

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;

b) be a U.S. citizen or resident alien with a U.S. address;

c) be physically located within the U.S.; and

d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.

e) The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government.

2.1b Eligibility (Non-U.S.)

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form.

2.2 Additional Persons Not Eligible
Notwithstanding paragraph 2.1, the following persons are ineligible to participate in any tournament or receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of efind; its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.

It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.

2.5 Promotional Activities
By registering for an account, you agree that the Site may display your Player Name and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.

2.6 Submissions
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your Player Name, a password and your e-mail address. Upon establishing a positive efind account, you are required to submit the following information: full name, permanent residential address and phone number. In addition, if your total winnings on the Site in any given year reach $600, the Site will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in the Site's inability to credit your account for any winnings in excess of $600.

2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.9 Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. To view the efind full privacy policy, click the following link: Privacy Policy.

2.10 Chat Policy
Rules of Conduct:

efind reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas. You must be at least 18 years old to participate in any part on the efind site. Profanity, obscenities, or the use of **asterisks** to disguise such words, is not permitted. Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated. efind Player Names will be used as ‘Your Name'; impersonating other players is not allowed. Opinions or comments on the subject at hand is welcomed, but attacking (flaming) individuals, companies or products is not allowed. Please limit chat to the subject of efind games or site. Do not share personal information (your name, phone number, home address, password) with others on the site. No advertising of any kind is allowed in chat messages. No copyrighted materials are allowed in chat messages. Information disclosed in efind chat rooms becomes property or efind and is revealed to the public. efind is not responsible for any information you choose to disclose to others. Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in chat messages.

2.11 Anti-Spam Policy
efind is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by efind, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of efind. efind defines "Spam" as:

Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ); efind may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

Account Suspension: Upon the receipt of a credible and validated complaint, efind may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. efind will evaluate each validated abuse incident on a case by case basis and impose Termination or Suspension at its sole discretion. efind reserves the right to lift the suspension of a user at any time, at its sole discretion.

Account Termination: Upon the receipt of a credible and validated complaint, efind may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition against any future membership, and the user will lose the right to compete in any tournament play.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please send all evidence of abuse via the contact form in the Help area of efind. Please refer responsibly!

2.12 Recommended System Configuration
The tournaments offered on the Site will function best if your computer system meets the following requirements: See the Technical System Requirements section of the Help area.

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes
The results of all tournaments offered on the Site depend on the number and skill level of the players participating in such tournaments; precise odds of winning are therefore unavailable.

efind Bonus Bucks
efind "Bonus Bucks" hold no ($US)cash value. efind "Bonus Bucks" are used as a way for Players to enter in tournaments on efind without having to make a deposit with their credit card.

3.2 Winners Lists
Lists of winners will be posted on the Site immediately following each tournament.

3.3 Determination of Winners
The results and winners of each tournament offered on the Site will be determined by the Site. By registering and/or participating in any tournament, you agree to be bound by these determinations.

3.4 Game Directions and Rules
Rules for each specific tournament offered on the Site can be found by clicking on the following link:
Help & Documentation.

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament.

4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

4.3 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.

Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

4.4 Accounts for individual use only
You, as the holder of your account, are solely responsible for all obligations and entitled to all benefits therefrom, and may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.

4.5 Account Termination
The Site reserves the right to terminate your account or decline or limit your participation in any tournament for any reason, including, but not limited to harassment of other participants, posting of objectionable material, or any breach of the terms of the agreement between you and the Site, and any breach of the security of your account or the Site.

By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.