Terms and Conditions
The “Terms and Conditions” set out below were updated and are effective as of 00:00 Eastern Daylight Time (EDT) on [ 2 March 2017].
This Website is provided by Turning Stone in partnership with GAN, a trading name for GAN PLC. All content contained on this Website is copyright (c) 2017 GAN PLC, a company based in London, United Kingdom with its U.S. office address at Suite 125, 10801 W.Charleston, Las Vegas, Nevada, 89135 (“GAN”).
Except where otherwise stated, Turning Stone shall be referred to as “Turning Stone”, “us”, “we” or “our” and you are referred to as “you” or “your”.
This Website, the games available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted in a data center in Nevada.
2.1 Free Play
This Website and the Games offered herein, are made available to eligible guests on a free-to-play basis and guests may elect to purchase additional virtual credits for their convenience and at their discretion. There is no distinction made in any game between freely issued virtual credits and those purchased for convenience.
2.2 No Prizes
The Games offer no monetary prizes or anything else that has independent marketable value.
2.3 Virtual Credits
You may be awarded amounts of notional currency or virtual goods (together referred to in these Terms and Conditions as “Virtual Credits”) which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the Games. Virtual Credits awarded to or purchased by you cannot be withdrawn, transferred, refunded or shared in any way. Furthermore, Virtual Credits cannot be translated into money or money’s worth.
You cannot win money or money’s worth from your use of the Games in any manner whatsoever and accordingly this Website is not enabled for Internet gaming nor does this Website offer real money Internet gaming in any form or format whatsoever.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Credits on the Website, you hereby accept that you have no right or title in or to any such Virtual Credits and that we have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Virtual Credits as we see fit and neither Turning Stone nor GAN shall have any liability to you and anyone for the exercise of such rights, except as may be required by any applicable law or regulation.
3. ELIGIBILITY TO PLAY
3.1 This Website and participation in the activities on this Website is restricted in certain circumstances. Participation in the activities and Games is open only to residents of those jurisdictions where such participation is legal and not prohibited by applicable law, including by way of age. Any Games that are made available to play online are additionally only open to individuals of legal age of majority only, in the jurisdiction in which you reside. You cannot play under any circumstances if you are not at least eighteen (18) years of age; minors may not play. The Website is for use only within the “Permitted Territories”, namely the United States, Canada and (subject to the warranty provided by you at Section 9.1(d) below) in any of the other jurisdiction other than those expressly excluded at Section 3.2 below . Any use by anyone else is prohibited and may result in (1) suspension of the account, (2) deletion of the account, or (3) voiding of any award of any Virtual Credits.
3.2 You shall not be permitted to register or play on this Website if you are located in any of the following jurisdictions: China, Cuba, Islamic Republic of Iran, Iraq, Kazakhstan, Democratic People’s Republic of Korea, Kyrgyzstan, Lao People’s Democratic Republic, Macau, Moldova, Mongolia, Russian Federation, Sudan, Syrian Arab Republic, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam.
3.3 In order to avoid minors playing on this Website, we and our service providers reserve the right to carry out verification checks to verify the information provided by you. We and our service providers may undertake a search with a third party for the purpose of verifying that you are 18 years or over. Where we are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Turning Stone in our sole discretion. If we are unable to confirm that you are aged 18 or over, then we will not be able to open an account for you until satisfactory proof of your age is provided.
3.4 With respect to players who reside outside the Permitted Territories, you may not seek to register and/or open an account within this Website and in the event you circumvent the technical blocking systems employed by Turning Stone, or its designees, to prevent access by residents of countries outside the Permitted Territories your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.
3.5 Turning Stone and our service providers reserve the right to carry out independent research if you fail to produce evidence of your identity within 30 days of a request by Turning Stone and, in the event you fail to produce evidence of your identity, we reserve the right to close your account and cancel or expire or confiscate all Virtual Credits in your account.
4.1 The Games found on this Website are a mixture of:
> Person-to-person or multi-player games; and
> Single-player games.
4.2 You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency or goods for any particular game outcome.
5. SESSION COMPLETION
5.1 After a one player Game begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason or the game window is closed.
5.2 In the event of a multi-stage single-player game where there is still active play of Virtual Credits on the table, the Game state may be stored and resumed at a later date.
After a person-to-person Game begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection certain Games will allow your session to resume and you will be able to login to the Website, re-launch the Game and continue playing. If you do not re-connect to continue an interrupted Game within thirty (30) days your Virtual Credits for such interrupted Game will be deducted or forfeited to Turning Stone.
5.3 In the event that:
> a disconnection occurs; or
> you close the Game-lobby window (which closes all Game tables); or
> you close the Game-table window,
your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game table (the “Disconnect Protection”). If you do not reconnect within the two minute period your opponent will be deemed the winner and your Virtual Credits or Virtual Credit-liability will be deducted or forfeited.
5.4 Our software will attempt to detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the Website.
5.5 In the unlikely event a real Game in progress is cancelled solely due to technical issues of our Website, both players will be automatically refunded their Virtual Credit buy-ins, regardless of the players’ standing when the Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion subject to any applicable laws and regulations. Refunds may be communicated via electronic mail or via the Website.
6. AVAILABILITY OF GAMES.
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.
7. PASSWORD RESPONSIBILITY
7.1 It is your responsibility to safeguard your account access details from any unauthorized use and we recommend that you change your password on a regular basis. You also agree that you will not lend or transfer your account login details to any third party. You shall fulfil all commitments made on your account in the course of using the Website and be responsible for all communication from your account with us.
7.2 We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the Website, we will not be responsible and will not be held liable for any claims regarding your account.
8. MODIFICATION OF TERMS AND CONDITIONS.
We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the "Terms and Conditions" section of this Website. You should check the Website from time to time to review these Terms and Conditions because they are binding on you and your account. By your continued play and maintaining an account you agree to the terms and conditions of this Website.
9. REPRESENTATIONS & WARRANTIES BY PLAYERS.
91 By doing any of the following things:
> entering the Website;
> opening and using an account on the Website; and
> playing Games on the Website,
you hereby acknowledge, represent, warrant and/or certify all of the following:
(a) you are not required to participate in the Games;
(b) participation in the Games, if elected by you, is at your sole option, discretion and risk;
(c) you fully understand and agree to become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
(d) you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other applicable rule, regulation or law;
(e) you are at least 18 years of age and an "adult" (as that term is legally defined within the jurisdiction in which you are playing from) or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age;
(f) you only have one account, username and password with Turning Stone for all of the Websites run by us and understand that your account may be closed if you are deemed to be operating more than one account or username, or as otherwise set out under these Terms and Conditions;
(g) you shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse your account; access and/or use any materials or information from the Website.
(h) you understand that you obtain no rights to any trade names, terms, graphics, text, concepts or methodologies, trademarks, copyrights or other intellectual property of Turning Stone or GAN, by using the Website and the material contained therein;
(i) your interest in any Game and the Website is personal, and not professional;
(j) your entering of the Website is solely for your own personal entertainment and any other entrance, access, use or reuse of this Website by you is strictly prohibited;
(k) you play the Games entirely at your own risk.
(l) you shall periodically review these Terms and Conditions posted within the "Terms and Conditions" section of the Website;
(m) you shall not participate in the Games, open, use or reuse an account nor enter the Website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
(n) you do not find the Game or the Website to be offensive, objectionable, unfair or indecent;
(o) you may at any time modify your opt-in status for receiving mailings and/or cellular text messages in the Notifications section of the Website. If you do opt to receive text messages, message and data rates may apply;
(p) we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games nor shall any of our business partners have the authority to make any such representations or warranties;
(q) you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of a Game. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording, or engage in any illegal or otherwise objectionable conduct, in accord with our Code of Online Conduct set out at Section 16 below. If you do so you will hold Turning Stone, its affiliates and GAN harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your account and your access to any Games for any violations of these conduct terms in our sole discretion;
9.2 You acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
i) decline to accept the registration of any person, including you, to this Website;
ii) restrict, discontinue, suspend or terminate access to the Website or play on the Website for any reason whatsoever;
iii) may cancel or expire all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated pursuant to your breach of these Terms and Conditions as determined in our sole and absolute discretion. You acknowledge such Virtual Credit winnings as forfeited;
iv) actively scan Games on our Website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. We reserve the right to retrospectively cancel or expire all Virtual Credit promotional credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries or wagers where we have detected, on review of guest's gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated; and
(v) retire, cancel or expire any Virtual Credit upon either the end of operating Games on the Website or upon the replacement of the current Game system on the Website with a different Game system on the Website.
10. COLLUSION, CHEATING AND FRAUD.
10.1 If you are playing any Game against or seated with other players of the same Games you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and they may be:
> colluding with other third party players; or
> using unfair external factors or influences (commonly known as cheating); or
> undertaking fraudulent activities to your disadvantage and their advantage.
10.2 Such practices are not allowed and we will take all reasonable steps to prevent them.
10.3 If you suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to email@example.com identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.
10.4 We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Virtual Credit balance of your account and in doing so recover from your account the amount of any Virtual Credit if:
> you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
> we become aware that you have undertaken Virtual Credit gaming with any other online provider of Virtual Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;
> we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Virtual Credit purchasing transactions made on your account;
> you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
> you violate or promote the violation of any applicable laws or regulations or these Terms and Conditions
10.5 If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity, then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
10.6 Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities and pursue all other legal rights and remedies available to us.
10.7 Employees of Turning Stone may take part in the use and enjoyment of this Website including the purchasing of Virtual Credits and participation in promotions unless they (a) have been expressly notified to the contrary; or (b) are not able to participate due to the conditions of such promotion; or(c) where restricted by applicable law or regulation; or (d) as limited by the terms of their employment.
10.8 You may not register or play any Game if you or a member of your household, are or have ever been, an employee of GAN or affiliated companies.
11. DISCLAIMER OF LIABILITIES; INDEMNIFICATION.
11.1 Under no circumstances, including but not limited to, negligence, shall Turning Stone, GAN their affiliates, or any of their respective representative(s), members, employees, officers, directors, agents or suppliers (collectively, the “Turning Stone Parties”), be liable to you for any claims, losses or liabilities of any nature whatsoever, including without limitation loss of chance or opportunity, loss of income, loss of use of money, loss, corruption or breach of data, damages (including loss of profit), direct, indirect, special, consequential or otherwise, that result from the use of, or the inability to use, the Games or materials in this Website, even if our representative (authorized or otherwise) has advised you of the possibility of such. In the event the above limitation of liability is determined by a court of competent jurisdiction to be unenforceable, you agree that in no event shall the Turning Stone Parties’ aggregate liability for damages, regardless of the form of action, exceed the amount charged by us to you, if any, to access this Website.
11.2 You agree that use of this Website is at your sole risk. The Games and materials in this Website are provided "as is" and “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
11.3 We are not under any obligation to provide the Website, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly disclaim liability for the same.
11.4 We do not warrant that the functions contained in the content of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website (or the server that makes the Website content available) is secure or free of viruses or other harmful components.
For example, we are not responsible for:
i) technical, hardware, software, telephone failures of any kind;
ii) lost or unavailable network connections;
iii) incomplete, garbled, or delayed computer transmissions; and/or
iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the Website, whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the Website.
11.5 We do not warrant or make any representations regarding the use or the result of the use of the Games and materials in this Website in terms of correctness, accuracy, reliability or otherwise.
11.6 We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.
11.7 We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail or any other form of communication.
11.8 You agree to indemnify, hold harmless, release, and at our request, defend us and GAN, our affiliates, and our and their respective representative(s), members, officers, directors, employees and agents, from and against any and all claims, actions and demands, and associated losses, damages and other liabilities, costs and expenses (including reasonable attorneys’ fees, court costs and amounts paid in settlement) arising out of, or related to your use or inability to use this Website or your breach of these Terms and Conditions.
12. JURISDICTION AND OPERATION.
12.1 These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of New York without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Website or content shall be resolved as set forth in Section 14 below.
12.2 This Website is operated from a server, or servers, owned by GAN, and neither Turning Stone nor GAN makes any representation that the materials or content in this Website are:
> appropriate; or
> available in any location.
12.3 If you choose to access this Website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
13. RESPONSIBLE VIRTUAL CREDIT GAMING
We want you to enjoy online free-to-play and/or Virtual Credit-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
i) Remember that Virtual Credits are freely given away at posted periods, purchasing Virtual Credits is not required for play and is merely provided as a convenience to you and that the Virtual Credits have no actual or intrinsic value;
ii) Please try to establish limits for the Virtual Credit purchases you are willing to make over any period of time, before you start playing;
iii) Play on this Website, or game play on any website, is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances;
iv) Play on this Website, or game play on any website, is not recommended if it might interfere with your daily responsibilities; and
v) Over 18 Only: It is not allowed for anyone under the age of 18 years to play on this Website. We reserve the right to request proof of age, identity and address and may request that you download, complete and return a form together with a copy of your driver’s license, passport or other form of valid photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.
14.1 Any complaints must be reported to Customer Service within thirty (30) days of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.
14.2 We are available by email to firstname.lastname@example.org to discuss any concerns you may have regarding your use of this Website. Most concerns may be quickly resolved in this manner. The parties shall use reasonable efforts to resolve any dispute, claim, question, or disagreement in good faith .
14.3 By accessing or using this Website, you consent to the sole and exclusive jurisdiction of the Oneida Nation Court for all disputes arising out of or related to these Terms and Conditions or your use of this Website.
15.1 Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and Turning Stone with respect to your use of this Website and supersedes and merges all prior agreements, representations and understandings between you and Turning Stone with respect to such use. In the event of any conflict or inconsistency between these Terms and Conditions and any terms and conditions appearing on any of Turning Stone’s other websites, these Terms and Conditions shall govern and control with respect to your use of this Website.
15.2 If any provision of these Terms and Conditions shall be determined by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be reformed by such court to be as close to the manifest intent of these Terms and Conditions as possible, and if such term cannot be reformed, then such term shall be severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
15.3 Other than the limited, permitted use of the Games on the Website, you agree not to use any content provided through the Website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this Website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the Website.
15.4 Virtual Credit-based transactions are only valid if accepted by GAN’s server. Until acceptance of the transaction by the server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the sole and final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Game may be credited to your account.
16. CODE OF ONLINE CONDUCT.
16.1 When you chat to other persons online through our Website you are required to:
> use polite and courteous behavior; and
> extend to strangers from different U.S. States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person.
> While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in unacceptable behavior during such Communications ("Abuse").
16.2 We accept and recognize your right to freedom of expression during online communications but you shall recognize your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session.
16.3 We require that you refrain from Abuse, whether intentionally caused or not. Abuse may include, but not be limited to, any of the following:
> using foul language or expletives in the course of Communications;
> insulting fellow players (whether in-Game or not);
> transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services, libelous, defamatory, promoting cheating in games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, is otherwise injurious to third parties or objectively objectionable, consist of or contain software viruses, links to other Websites, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.";
> repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or
> employing sexual language or words suggesting inappropriate behavior.
16.4 In addition, we strongly recommend to our players that they withhold their email addresses or other personal information from other players at all times in order to avoid the risk of unauthorized use or onward distribution or publication of personal information to unauthorized companies or persons.
16.5 Compliance with our Code of Online Conduct is a mandatory requirement of all our players who have accepted our Terms & Conditions for using and accessing the Website and playing the Games. We and/or our service providers may monitor, store and review all chat room and in-Game Communications on a regular basis and will use reasonable efforts to investigate any complaints submitted by our players. Failing to comply may result in the suspension and / or termination of your account. Suspended accounts may be re-activated at our discretion
17. PAYMENTS FOR VIRTUAL CREDIT.
17.1 Please ensure all of your personal details relevant to your account on the Website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, the authorization and processing of payments in return for Virtual Credits may be interrupted.
MasterCard and Visa are approved methods of payment for convenience purchases of Virtual Credits. All credit card transactions are completed on an encrypted link between the Website’s payments gateway and the clearing bank. This payment method is free.
ACH Bank Transfers
Subject to availability, it may also be possible to send an online bank transfer from your bank account.
17.2 We and our service providers reserve the right to conduct a security review at any time to validate:
> your identity;
> the registration data provided by you;
> to verify that your use of the Games available at this Website was in compliance with these Terms and Conditions and of applicable law; and
> that your financial transactions conducted via this Website were in compliance with these Terms and Conditions and of applicable law.
17.3 You authorize us and our service providers (and our agents) to make any inquiries of you and for us to use and disclose to any third party details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions, including but not limited to:
> verifying the information provided by you against databases provided by third parties.
To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.
18. PROMOTIONAL OFFERS.
18.1 You may be awarded Virtual Credit to use on the Website by opening an account online and thereby automatically accepting a promotional offer.
18.2 We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Games, the Website or the Virtual Credits.
18.3 As a participant in any promotion (“Promotion”) you must agree to abide by these and all specific promotional Terms and Conditions governing usage of the Games and the Website.
18.4 Specific terms and conditions relating to a Promotion will be set out on the Website under the promotions section of this Website.
18.5 To the extent that the terms and conditions of a Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.
18.6 We reserve the sole right to exclude or otherwise remove you from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.
18.7 Each Promotion is available only once per guest, if stated as such. The identity of a guest will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Virtual Credit being forfeited.
18.8 We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
18.9 We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credit consequent to any promotion.
Virtual Credit may not be withdrawn from your account under any circumstances. You acknowledge that the Virtual Credit held within your account consequent to play, free issuance, and/or purchases has no monetary value and is merely a device for tracking game play and is neither money nor real currency. Your Virtual Credit balance is associated solely with your account. It may not be gifted, exchanged or in any manner transferred to another person or company.
In the event you accumulate a significant balance of Virtual Credit in your account (and materiality shall be determined at the sole discretion of Turning Stone or GAN) during the course of playing the Games available at this Website, you authorize us and our affiliates, and any third parties acting on our behalf, to use (without notice or compensation to you) your username, legal name, likeness, location and other account information to promote the Website and your activities playing the Games and associated Virtual Credit accumulation through diverse marketing, publicity and promotion undertaken in a manner entirely at our discretion and including but not limited to:
> news articles posted online and visible to other players of the Games;
> leaderboards published on the Website;
> email communications to our other guests;
> press releases intended for publication to the public;
> our and our affiliates’ websites; and
> social media.
21. FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS.
You will be charged one hundred percent (100.0%) of the real money sums advertised and paid by you in return for the convenience of immediate increases in your account's balance of Virtual Credits on this Website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Virtual Credit is successfully processed.
22. PLAYER RATINGS.
Some Games on the Website may retain historical information on a guest’s performance. Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific Website pages where ratings may be associated.