DuelDog.com Terms of Service
PLEASE READ THESE TERMS OF SERVICE BEFORE USING DUELDOG, AS THEY AFFECT YOUR LEGAL RIGHTS.
1- User Agreement
These terms of service (“ToS”) provide the terms to which a user, registered or non-registered ("You") may access and use www.dueldog.com ("DUELDOG" , “website”) and any related “Services”. By using DUELDOG, whether registered or non-registered, you agree that these Terms of Service will govern your use and relationship with DUELDOG. If you do not agree to all the terms of the ToS, you must not use DUELDOG. These Terms of Service constitute a legal agreement between you and DUELDOG and shall apply to your use of the website even after termination.
You must be at least 18 years of age to open an account, use the website, or win cash prizes offered by DUELDOG. If you are not 18 years of age, you must not use any part of the website, create an account, or submit any personal information to DUELDOG. In jurisdictions and locations where the minimum age for legal use of the website is greater than 18 years old, you must meet the age requirement in your local jurisdiction. Legal residents physically located in any of the 50 states and Washington DC, excluding Arizona, Arkansas, Iowa, Louisiana, Montana, and Tennessee are eligible to open an account and participate for cash prized offered by DUELDOG. Legal residents of Arizona, Arkansas, Iowa, Louisiana, Montana, and Tennessee (the “Excluded States”) are ineligible for cash prizes offered by DUELDOG. Legal residents of Canada are eligible to open an account and participate in contests offered by the Website. DUELDOG may at any time require you to provide proof of eligibility to participate on the website or withdraw funds.
You may create only one account per person to participate on DUELDOG. In the event DUELDOG discovers that you have registered more than one account per person, DUELDOG reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke any winnings associated with your accounts. You are solely responsible for maintaining the confidentiality of your login and password and you accept responsibility for all activities, charges, and damages that occur under your account. It is a violation of these ToS to allow any other person aside from yourself to use and access your account to participate in any contest.
3- Refund Policy and Entry Fees
All payments and purchases are final - no refunds will be issued. The cost of entry and value of prizes offered for each match will be disclosed prior to the start of the game. By paying the entry fee for any game, you agree and acknowledge that any entry fee paid is non-refundable and that you may not win the match. You are solely responsible for the payment of any entry fees associated with your account. Refund Policy Exceptions
If a contest is canceled and/or postponed and a customer is unable to participate in the contests rescheduled date/time, then that contest entry fee will be refunded back to the customers' system balance.
Compliance Related Refunds: In the event that the legality of a contest offered by DUELDOG is altered by the state, district, region, or country (“locations”) occupied by the customer; Or, if DUELDOG changes its contest availability policy for the location in which the customer resides, and the customer has previously entered a pay-entry contest that has not yet began then the customer may be refunded the original contest entry/buy-in amount.
Requesting a refund: To request a refund of your deposit you must do so by sending an email to [email protected] with the subject “Refund Request”. In the body of this email you must provide your full name, your username, the amount of the refund you are requesting, and the reason for your refund request. This process may take up to 14 business days for review. You may also DM DuelDog#9142 on Discord and provide the same information.
4- Games of Skill and Participation
No form of illicit gambling is allowed or permissible on the website. All games and contests offered on DUELDOG are contests of skill. The outcome of all relevant games and contests are based predominantly upon the skill of the participants, not chance. DUELDOG does not have knowledge of the probability of any particular participant winning a game, and makes no representations about an individual user’s probability of winning a match. By participating in a Match or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless DUELDOG, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. DUELDOG may, in its sole and absolute discretion, require you to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DUELDOG RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DUELDOG has the final say and discretion on all disputes and matches. Users have 24 hours from start time to dispute a match or else dispute may be void. DUELDOG reserves the right to, in its sole discretion, assess a penalty, withhold funds or terminate your account for any reason. In the event of a dispute regarding the outcome of a match, DUELDOG may request participants to provide additional evidence. If you believe there has been a mistake with respect to any distribution of funds from your account, please email us at: [email protected] or DM DuelDog#9142. If any winnings are mistakenly credited to your account, DUELDOG may automatically deduct such winnings from your account upon discovery.
6- Availability and Termination
You acknowledge that DUELDOG may in its sole and absolute discretion provide subsequent amendments, versions, enhancements or modifications related to any part of the website and ToS and you agree to any such changes. DUELDOG has absolute and sole discretion to immediately terminate or restrict access to the website, or any portion of the website, including any and all accounts and any and all funds related to your account at any time, for any reason, without notice and without liability to you. Access to the website may be interrupted for reasons within or beyond the control of DUELDOG, and you agree that DUELDOG cannot and does not guarantee you will be able to use the website whenever you wish to do so. You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our website and services.
7- Disclaimer of Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
8- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW. SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, DUELDOG AND DUELDOG AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
9- Binding Arbitration Agreement
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and DUELDOG waive all rights to a trial by jury in any action or proceeding involving any Claim. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and DUELDOG both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with DUELDOG. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and DUELDOG further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding. The arbitrator shall not have authority to award punitive damages; and any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate which the parties have herein agreed. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of New York shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of New York, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
10- Intellectual Property Rights