Terms and Conditions of Use:
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT IN THE FINAL PARAGRAPH).
Notification of these terms and conditions constitutes the making of an offer, which you accept by clicking on ‘Register’ or ‘I Agree’ during the process of creating your Get Gosu ‘Account’ (defined below). When acceptance reaches us (as defined below), a legally binding agreement on these terms and conditions is concluded between (a) you, the end user, and (b) Hit the Sticks, LLC, of 1417 Hillside Rd. Wynnewood PA, 19096. (‘Hit the Sticks’, ‘Company’, ‘we’, ‘us’ or ‘our’ as appropriate). The Company provides the services on GetGosu.com and any other online platform provided by us (‘Platforms’) on which you access our services (‘Services’) using your Account.
These terms and conditions, together with the Unfair Advantage Policy, the Standard Promotional Offer Terms and Conditions, the Withdrawal Policy and any other additional Support and or FAQ sections and or rules and terms on GetGosu.com, that specifically relate to and govern any particular event, game, software or tournament constitute a legally binding agreement (‘Agreement’). If this agreement is translated, the English language text shall prevail. Any other document provided in connection with this agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.
Your attention is drawn to our Privacy Policy that describes how we deal with and protect your personal information. By accepting this Agreement, you are also acknowledging and accepting the Privacy Policy.
1. Applicability of Terms and Conditions.
By playing our Games (defined below), or clicking on the ‘Submit’ or ‘I Agree’ or ‘Register’ button when you create an Account (defined below), you agree to comply with this Agreement, and you acknowledge that your failure to comply with this Agreement may result in disqualification, Account closure, forfeiture of funds and/or legal action against you, as appropriate and as further specified in this Agreement. If you have any questions regarding this Agreement, we encourage you to seek independent counsel prior to using the website and/or before continuing with the registration process. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of our Services immediately. As a consequence of this, if you accept this Agreement when registering for our Services, you will not later be able to cancel your registration, although you can terminate this Agreement and close your account under section 20 below.
2. Legality of Participation in Games.
You may only participate in the Games (defined below) if you are over 15 years of age (or such other minimum legal age in the jurisdiction where you are connecting) and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. If you are a resident of Arizona, Connecticut, Florida, Louisiana, Montana, or Vermont you must take it under advisement that the Games are considered “games of skill” and “strategy” and in order to play the Games you must meet the requirements in accordance with your respective state’s laws. Please be aware that state laws are subject to change. You understand and accept that it is your sole responsibility to ensure that, at all times, you comply with the laws that govern you. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.
3. Practice Play and Real Money Games.
By registering for the Services you will be able to access (through our Website – defined below) both ‘practice play’ games and tournaments (‘Practice Play Tournaments’ or ‘Scrims’ respectively) and ‘real money’ games and tournaments (‘Real Money Tournaments’ or ‘Play for Real Money Games’ respectively), collectively the Hit the Sticks games (‘Games’). The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and the Company will not be liable for any such action.
4. Registration.
To play at GetGosu.com, you will first need to register for a GetGosu.com Account (an ‘Account’) by choosing a unique Account name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, mailing address, email address, and birth date. You agree to provide only true, complete and current information and you further agree to update this information as necessary to keep it true, complete and current. When you log in to GetGosu.com the ‘My Profile’ section allows you to amend any details that you have submitted during the registration process that are incorrect.
5. True Identity and One Account.
The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. You are prohibited from holding more than one Account. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, please use the ‘Password Recovery’ feature.
6. Rules and Procedures of the Games.
You must play the Games pursuant to the generally accepted game rules set out in the Support section, and any other page that specifically relates to and governs any particular event, game or tournament.
7. Anti-Cheating Software.
We are committed to detecting and preventing software programs that are designed to enable artificial intelligence (‘AI Software’) to play on our Platforms such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that we deem enables you to have an unfair advantage over other players. You acknowledge that the Company will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player’s computer) and you agree not to use any AI Software and/or any such programs. To view frequently asked questions about this topic, go to our Unfair Advantage Policy.
8. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent of the Company or one of its group companies, or suppliers or vendors, you are not permitted to participate directly or indirectly in any of the Games and are considered an ‘Unauthorized Person’. Similarly, relatives of Unauthorized Persons are not permitted to register with GetGosu.com or to participate directly or indirectly in any of the Games. For these purposes, the term ‘relative’ shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
9. Copyrights and Trademarks.
The term Get Gosu is a trademark, service mark and/or trade name of the Company or one of its group Companies or its licensor[s]. Further, all other material used by Hit the Sticks, including but not limited to the Website, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) belong to the Company or one of its group companies and/or our licensor[s] and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Company’s written permission.
10. Website.
You may access and use the website for participating in the Games in accordance with this Agreement. The Website’s structure, organization and code are the valuable trade secrets of the Company and/or its group Companies and/or its licensor[s]. You obtain no rights to the Website except to use it in accordance with this Agreement. Save as expressly permitted by law, you are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part of it or to create, publish or distribute derivative works from the Website. You agree that the Website will not be used in any manner prohibited by any applicable laws, restrictions or regulations.
11. Account Funding.
To play the Games, you will be required to pay funds into your Account by any of the methods specified from time to time by Hit the Sticks. Such funds will be deposited into your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to the payments into your Account, depending upon your history with Hit the Sticks, the method of deposit, and other factors as determined solely by the Company. The Company is not a bank and funds are not insured by any government agency. All payments to and from your Account must be paid in the currencies available on the Services. The ‘Balance’ of your Account shall not bear you any interest. All payments into your Account must be from a payment source on which you are the named account holder.
12. Electronic Service Provider.
In order to play the Games, you will be required to send money to and receive money from us. The Company may use third-party electronic payment processors and/or financial institutions (‘ESPs’) to process such financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on our website. You agree to be bound by the terms and conditions of use of each applicable ESP, in the event or conflict between this Agreement and the ESP’s terms and conditions then this Agreement shall prevail.
13. Bonuses.
We may from time to time offer you complimentary or bonus amounts to be credited by the Company into your Account (‘Bonus(es)’). Such Bonuses may only be used in the Games as may be specified when the Bonus is offered to you and acceptance of any Bonus shall be in accordance with additional terms and conditions we may make available to you in respect of each such Bonus offering, and if none, then in accordance with the Standard Promotional Offer Terms and Conditions and bonus release restrictions contained in the relevant offer. You are not entitled to withdraw any Bonus amounts and you may not take any cash out from your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
14. Withdrawals.
Your account balance is the amount of real money held in your Account to access the Games, plus or minus any accrued winnings or losses from playing the Games, less any rakes or entry fees, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by the Company due to any known or suspected fraud or due to deposits or other transactions rejected or canceled by your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see section 16 below) or any sums that are otherwise deductible or forfeited under this Agreement (‘Account Balance’). Acceptance of cash out requests is subject to any deposit method restriction, bonus restrictions and Security Reviews (as set out below) and any other terms of this Agreement. All amounts you withdraw are subject to the transaction limits and any processing fees for certain withdrawal methods that we notify you of before cashing out.
Further, the Company may report and withhold any amount from winnings in order to comply with any applicable law. All federal, state and local taxes due in connection with any winnings awarded to you are your sole liability. Account Balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds that you withdraw shall be made by check, wire, credit card and/or any other manner that the Company selects in its sole discretion. Payments will be made as soon as reasonably possible, although there may be delays due to any Security Review (see section 20 below) undertaken by the Company and save where Company holds any such payments in accordance with this Agreement.
15. Inactive Account Fees and Abandonment of Accounts.
Regarding the Platform, if you do not access your Account by ‘logging on’ to your Account using your Account name and password and enter a tournament with a cash entry fee for any period of 180 days, then after those 180 days (the ‘180-day grace period’) your Account (and any related account with any ESP) will be deemed ‘Inactive’. If your Account becomes Inactive, then the Company is entitled to charge you an administrative fee (the ‘Inactive Account Fee’). The Company will deduct $10 from your Account Balance on the day following the end of the 180-day grace period and then every thirty (30) days thereafter. All fees and charges are subject to change from time to time. We will stop deducting the Inactive Account Fee from your Account Balance if your Account is re-activated.
16. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated on the Website, forums, Games, chat channels, or with Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be reasonably required by the Company to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company’s operation in any media or forum.
17. Disclosure of Account Name and Password.
You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account name and password to another person, and such disclosure results in a third party participating in the Games using your Account name and password, such participation may be held valid, and you will not be refunded any resulting losses at the Platform, regardless of whether or not the third party had your consent or not. If you misplace, forget, or lose your account name or password because of anything other than Company’s error, the Company shall not be liable.
18. Minimum Connection Speeds, Fraudulent Activities, Prohibited Transactions, and System Errors.
The Company has a zero tolerance policy towards inappropriate play, subversive activity, coercive activity, and fraudulent activity. If, in the Company’s sole determination, you are found to have cheated, or attempted to defraud the Company or any other user of any of the Games in any way including but not limited to game manipulation (including connectivity manipulation) or payment fraud, or if the Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to suspend and/or close your Account and to share this information (together with your identity) to other online gaming sites, banks, credit card companies, and appropriate agencies.
In the interest of providing fair and balanced gaming Hit the Sticks reserves the right to deny you access to our Games if your broadband connection does not meet a our Minimum Connection Speed.
In the interests of data protection, security and avoidance of fraud the Company does not permit use of any communication channels to offer or promote any offers, products and services (whether yours or a third parties). You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services.
You must inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to a tournament registration fee or a tournament pay-out. In the event of any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, the Company will seek to place all parties in the position they were in before the error occurred. The Company reserves the right to declare null and void any Games that were the subject of such System Error and to take any money from your account relating to these Games or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these Games. In all circumstances whereby the Company (in its sole discretion) determines a System Error has been used to gain an unfair advantage, the Company reserves the right to consider this activity to be subject to Section 20 (Forfeiture and Account Closure) of these Terms and Conditions of Use.
19. Security Review.
To maintain a high level of security and integrity in the system, the Company reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your playing of the Games and your financial transactions for potential breach of this Agreement and of applicable law. As such, you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third-party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as the Company, in its unfettered discretion, may request.
20. Forfeiture & Account Closure.
THE COMPANY RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY AND ANY SERVICES THAT SHARE THE GET GOSU PLATFORM, TO WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER ANY PAY-OUTS, BONUSES AND WINNINGS IF:
- You are in breach of any term of this Agreement;
- The Company should become aware that you have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
- You have ‘charged back’ or denied any of the purchases or deposits that you made to your Account;
- If you become bankrupt or analogous proceedings occur anywhere in the world.
If, after a Security Review (see section 19 above) has been performed, you have either:
- Been found not to have been in compliance with this Agreement; or
- Not provided responses satisfactory to the Company in its sole discretion within any reasonable time-frame specified in a security review request or (where none has been specified 30 days from the sending or making of the request); then ANY WITHHELD ACCOUNT BALANCES WILL BE DEEMED FORFEITED AND YOUR ACCOUNT CLOSED.
21. Termination.
You are entitled to close your Account and terminate this agreement at any time by sending an email or telephoning us using the details on the Contact Us page and we will respond within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected by us. The company is entitled to terminate this agreement immediately on notice (or attempted notice) to you at the email address you have provided the Company. Where the Company has terminated as a result of a failed Security Review, any Account Balances in your Account are non-refundable and deemed forfeited.
22. INDEMNITY.
YOU AGREE TO HOLD THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES, LICENSORS, AFFILIATES, AND SUBSIDIARIES HARMLESS AND FURTHER AGREE TO FULLY INDEMNIFY THEM FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES WHATSOEVER THAT MAY ARISE AS A RESULT OF YOUR BREACH OF THIS AGREEMENT.
23. LIMITATIONS AND EXCLUSIONS.
YOUR ACCESS TO GETGOSU.COM SITES AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY.ii. THE SERVICES, ONLINE SITES, AND THE GAMES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE SERVICES, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE.
iii. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES, THE GAMES, AND THE SOFTWARE BY YOU LIES WITH YOU.
iv. THE COMPANY’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID IN RAKES AND FEES IN RELATION TO YOUR ACCOUNT IN THE PREVIOUS 12 MONTHS.
v. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS AND EXPENSES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
vi. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
vii. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY LIABILITY OR EXCLUDE ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
viii. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE COMPANY MAY HAVE IN RESPECT OF FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE.
24. Settlement of Disputes.
You fully accept and agree that random number generator (“RNG”) software will determine the randomly generated events required in the Tournament Structuring (the Forming of Tournament Brackets). If there is a discrepancy between the result showing on the Website (as displayed and operated on your hardware) and our server, the result showing on our server shall govern the result of the Game. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Company records, including SourceTV files, shall be the final authority in determining the terms of your participation in the Games, the activity resulting there from and the circumstances in which they occurred.
25. Notices.
If you have any dispute with regard to any outcome in the Games or any other activity, you must submit your complaint to the Company in writing within fourteen (2) days of the incident via the Ticket System in the Support Section of the Website.
26. Governing Law.
This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes arising out of this Agreement shall be resolved in the Court of Common Pleas of Montgomery County, Pennsylvania, or before the American Arbitration Association in Philadelphia, Pennsylvania, as HTS in its sole discretion shall determine. If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
27. Assignment.
We reserve the right to transfer, assign, sublicense, or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment. You may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under this Agreement.
28. Third Party Rights.
Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available other than under local law or statute.
29. Entire Agreement, Modification and Amendments.
You fully understand and agree to be bound by this Agreement and as modified and/or amended by the Company from time to time. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant page of GetGosu.com or any place through which you access the Services. Any such modification will take effect immediately upon notification and in any event within 30 days of publication. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Software following notification or as the case may be such 30-day period will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you play. This Agreement and the documents referred to herein represent the complete and final agreement between you and the Company in relation to this agreement, which supersedes any and all prior agreements between you and the Company.
PLEASE PRINT THIS PAGE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.