LadderShack.com Terms and Service
Click here for a complete listing of definitions used on this site which you may find helpful in understanding these terms and services.
READ THIS AGREEMENT CAREFULLY AND THOROUGHLY BEFORE PROCEEDING TO CREATE A SPORTS LADDER OR PARTICIPATING IN A SPORTS LADDER AT LadderShack.com.
BY ACCEPTING TO CREATE A SPORTS LADDER, OR PARTICIPATE IN A SPORTS LADDER AT LadderShack.com YOU AGREE TO THE CONDITIONS STATED IN THIS DOCUMENT. LadderShack.com RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE TERMINATE SERVICE TO ANY USER WHO DOES NOT FOLLOW ANY OR ALL OF THESE RULES.
IF YOU ARE CREATING A SPORTS LADDER, OR PARTICIPATING AT LadderShack.com THEN YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CONTINUING OR CLOSING THIS WINDOW AND THEN SELECTING THE "ACCEPT" OPTION. YOU INDICATE REJECTION OF THESE TERMS BY NOT SELECTING THE "ACCEPT" OPTION AND DISCONTINUING ANY FUTURE USE OF ANY SERVICE OR DATA PROVIDED AT LadderShack.com.
Terms and Conditions of Service:
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LadderShack.com may in its sole discretion, change, suspend, or terminate, temporarily or permanently LadderShack.com or any part of it at any time, for any reason without any notice to you and without any liability to you or any other person.
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LadderShack.com strives to make your use of the LadderShack.com service a useful and enjoyable experience. Nevertheless LadderShack.com and it's service providers do not accept any liability for your use of the LadderShack.com service.
Lawful Use:
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Each time you use LadderShack.com you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement.
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You agree with each and every provision of this Agreement.
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Accordingly, prior to and during each and every time you use any service provided by LadderShack.com or any data you should check the effective date of this Agreement and review any changes since the last version.
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You cannot modify, distribute, reproduce, republish, transmit, post, repost, transduplicate or sell without the prior written permission of LadderShack.com.
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Use of the LadderShack.com program must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, civil ordinances, local bylaws, whether civil, criminal or otherwise.
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In the case of singles ladder, it is illegal for more than one person to use or share the same account. You are more than welcome to each participate in the ladder, but you will have to create separate accounts for each individual.
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You will not resell the service to any other person or entity.
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You will not use the service to transmit, communicate, spread any virus or worms or trojan horse applications.
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You will not use the service to transmit or send any annoying, inappropriate, improper, excessive, threatening or obscene wording or material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity.
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You will not engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider.
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You agree that, to maintain or improve the service, or for other business reasons, LadderShack.com can in its sole discretion, suspend, restrict, modify or terminate all or any part of the service or make changes to the network and other facilities without notice to you.
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You agree not to gamble or bet on any games or matches or other event in relation to LadderShack.com.
Age Requirements:
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LadderShack.com may only be used by people who have reached all of the following:
- age of majority,
- legal age in their juridictions,
- 18 years of age
- someone who can form legally binding contracts under applicable law.
Reasons for Termination:
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Cheating of any kind will not be tolerated and will result in termination of service by LadderShack.com. This includes but is not limited to, breaking rules, using modified executables, reporting or posting false game results, or otherwise tampering with ladder rankings.
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It is illegal to share your password with any other user or person for any any reason. Anyone using another users password will result in the termination of both accounts.
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You will keep your password confidential and not share it with others, nor write it down anywhere for someone to discover. You are entirely responsible for any activites that occur under your account. You agree to notify LadderShack.com immediately of any unauthorized use of your account or any other breach of security. LadderShack.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by LadderShack.com or another party due to someone else using your account or password.
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You may not use anyone else's account at any time.
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LadderShack.com has the right to immediately terminate the membership of any LadderShack.com user that it believes, in it's sole discretion, is using LadderShack.com other than for the purposes the LadderShack.com was designed for.
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IF ANY provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then LadderShack.com accepts no responsibility or liability for use or consequence or loss of revenue, loss of profit, loss of data, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use LadderShack.com, even if LadderShack.com has been advised of the possibility of such damages. Furthermore, LadderShack.com may terminate the service immediately without prior notice. Termination is the sole discretion of LadderShack.com.
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LadderShack.com only allows sports ladders. Anything else created during the Ladder or User creation forms are not allowed and will be terminated by LadderShack.com at their sole discretion.
Spam:
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LadderShack.com has the right to immediately terminate the membership of any LadderShack.com user that it believes, in it's sole discretion, is using LadderShack.com to transmit any junk or spam mail, or otherwise unsolicited mail or email, or user initiated advertising, commercial or otherwise.
Advertising:
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LadderShack.com reserves the right to add, modify, remove, or update advertising on the site. This includes but is not limited to web banner ads.
Individual Ladder Policy:
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It is left up to the Ladder Administrator to specify the ladder policy. Some of these may include:
- scheduling of games
- game or match request
- valid locations where games may be held (which tennis courts, etc...)
- valid times or days games may be played
The Ladder Administrator may post or specify what actions may be taken under certain cirumstances with respect to game or ladder results.
Questions
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Use common sense. If you have a specific question first contact your administrator, and if they cannot supply you with what you are looking for, then query LadderShack.com support: email administrator@laddershack.com.
Charges:
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The Ladder Administrator is responsible for full payment on behalf of its users to LadderShack.com.
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All service use and access fees and other charges, including taxes, are due and payable as specified by LadderShack.com to you or the person or company paying for the LadderShack.com ladder service.
Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date.
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You are responsible for charges to each ladder you participate in. In other words, charges paid for one ladder do not imply that participating in another ladder is included in the charge.
Game Results
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Report game results immediately: the game winner is responsible for reporting the game result immediately after a game is completed before any further ladder matches are started.
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The winner of a game is responsible for game result submission.
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The Ladder Administrator is given the responsibility to make adjustments to the ladder rankings of participants. These adjustments are typically needed to fix games that were entered incorrectly. LadderShack.com will provide the mechanism's to make these adjustments.
Abuse:
Member Player Information:
Registration and Account Creation
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All information you provide to LadderShack.com, including your registration information, payment information and transaction related information must be true, accurate, current and complete. You must also contact LadderShack.com with updated registration and payment information immediately upon any changes.
Legal Rights of LadderShack.com
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You understand and agree that LadderShack.com may access the content of your account in order to verify information, resolve technical difficulties, or respond to service complaints.
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LadderShack.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in part or in whole at any time. If you do not assent to the terms of any such modified Agreement at or prior to the time you next attempt to access the Service, this Agreement shall automatically be terminated. Your continued use of LadderShack.com constitues your acceptance of any such changes to the Agreement.
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If you are not satisified with LadderShack, the materials on or received through LadderShack, either through the free trial or throughout the paid service time, or with any of LadderShack.com terms and conditions, your sole and exclusive remedy is to discontinue using LadderShack.com website.
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LadderShack.com reserves the right to shutdown the service for repairs for an inderterminate amount of time.
Other Matters:
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Any individual ladder discrepancies must be taken to the Ladder Administrator for mediation or judgement. If technically possible, the Ladder Administrator attempts to make the appropriate ladder corrections. The Ladder Administrator for the ladder has the final say on ranking changes or game submissions. In the case the Ladder Administrator cannot technically make the changes or modifications to the ladder, he/she will take the information to LadderShack.com support (email administrator@laddershack.com).
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LadderShack.com is not responsible for scheduling of games or matches or tournaments. The Ladder Administrator is responsible for the scheduling of games/matches on an ongoing basis.
Technical Support:
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During the season, LadderShack.com will provide technical support with respect to the site, but without limiting the generality of the LadderShack.com website.
Limitation of Warranty:
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The LadderShack.com website shall be provided "AS IS" without any express or implied warranty of any kind of scope. By accepting this Agreement you EXPRESSLY WAIVE THE RIGHT TO MAKE ANY WARRANTY CLAIM. This includes but is not limited to any inaccuracies in a sports ladder using the LadderShack.com service. Any ladder participant should report any such inaccuracies to LadderShack.com administration. Additionally, the notification of such inaccuracies does not preclude that LadderShack.com is required or will fix or remove the inaccuracies.
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LadderShack.com may determine that problems or inaccuracies submitted by member players may not be fixed by LadderShack.com at any time and you will accept the consequences.
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LadderShack.com will not be held responsible for any loss of data pertaining to a ladder, user, or game information submitted to LadderShack.com. This includes but is not limited to the event that a server or computer and any or all the data used by LadderShack.com is destroyed.
Internet Access:
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LadderShack.com is not responsible for providing internet or computer access to LadderShack.com. It is up to you to provide yourself with all of the equipment and services necessary to access the internet.
If your computer or internet access is lost, stolen, damaged, or otherwise unable to access the LadderShack.com website, you are not able to cancel the service and receive any full or partial amounts back.
All amounts not paid by the due date are overdue and you must also pay a late payment charge of 10% per month on all overdue amounts.
No warranties:
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The service is provided on an "as is" and "as available" basis. Your use of the service is at your sole risk. LadderShack.com does not guarantee timely, secure, error-free or uninterrupted service of the LadderShack.com website. The service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other internet companies, emergency or public safety requirements, or causes beyond LadderShack.com's reasonable control. LadderShack.com disclaims all warranties and conditions (express, implied or statutory) relating to the service.
Limitation of Liability:
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LadderShack.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE), EXPENSES, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, OR OTHER LOSS ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION, USE OR FAILURE OF THE SERVICE, WHETHER NEGLIGENT OR OTHERWISE, AND WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER DOCTRINE OF LAW. NOTWITHSTANDING THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT, IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF LadderShack.com OR ITS OWNERS OR AFFILIATES FOR DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THE PROVISION, USE OR FAILURE OF THE SERVICE, EXCEED $20 EVEN IF LadderShack.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity:
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You will indemnify LadderShack.com from all losses, expenses and all manner of actions, claims and judgments sustained by or made against LadderShack.com in connection with your use or misuse of the service, any computer used with the service or violation of these terms and conditions.
Language:
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The parties have required that these terms and conditions and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant assujettis soient rédigé en langue anglaise.
Severability:
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If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
Integration:
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This Agreement is the entire agreement between you and LadderShack.com relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement.
Modifications To This Agreement:
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LadderShack.com reserves the right to unilaterally change the terms, conditions, and notices under which the LadderShack.com services are offered, including but not limited to the charges associated with the use of the LadderShack.com service. Continued use of LadderShack.com by you indicates acceptance of such changes made unilaterally by LadderShack.com.
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It is your responsibity to periodically review this Agreement and the terms and conditions found inside and additional terms posted. Your continued use of LadderShack.com constitues your agreement to all such terms, conditions, and notices.
LadderShack.com would welcome your comments on its service. Contact us and let us know.