This is an agreement between you and Bang The Sticks®
Welcome to Bang The Sticks® and we hope that you will enjoy our website and the Services we provide. Please take some time to review our Terms and Conditions as it is an agreement between Bang The Sticks® and yourself. Bangthesticks.com is owned and operated by Bang The Sticks®, its subsidiaries and affiliates. Use of this Website is subject to the Terms and Conditions set forth below. The Terms and Conditions outline what you can expect from us and what we expect from you, our users.
1. Acceptance of the Terms and Conditions
Please read the following Terms and Conditions in its entirety and if you do not agree or come to an understanding with the Terms and Agreement do not continue to use this Website. Any individual who accesses the Website or uses the Website is bound to its Terms and Conditions. Bang The Sticks® holds the right to deny any potential user. These Terms and Conditions are subject to change at any time. In such cases, these modifications will be posted on this page along with the date and time of these amendments. Your continued use of Bangthesticks.com signifies your acceptance of those amendments.
To be eligible to register and create an official player account, you must be at least eighteen (18) years of age (or the lawful age of majority in the representative jurisdiction you reside). Employees, officers, directors, investors, agents and representatives of Provider and their parent affiliates and subsidiaries and each of their respective immediate family (defined as parents, spouse and children) and any individual residing in the same household, also sponsors, affiliates, advertising and promotion agencies of the Provider are not eligible to use or register an account on the Website.
Participation in any Tournament on this Website requires you to create an account. No purchase is necessary to create an account. Entry into a Tournament may depend on the number of Tournaments completed by a given user, the number of Tournaments won or specific Tournament rules and regulations. Bang The Sticks® reserved the right to reject or revoke your Account at its discretion for any reason.
4. Service Not Available in Certain Jurisdictions
Any individuals residing in Canadian provinces (excluding Quebec) that are at least eighteen (18) years of age (or the lawful age of majority in the representative jurisdiction) are able to utilize the Services provided by bangthesticks.com. Participation in Skill Challenges and Tournaments by residents in the United States of America is permitted, except in the following states, without limitation, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Louisiana, Maryland, Montana, North Dakota, Tennessee and Vermont. The list set forth should not imply or suggest by any means that participation in a Skill Challenge or Tournament in an unlisted state is legal under any laws. Any individual who registers an account on bangthesticks.com or participates in any Skill Challenges or Tournaments will be within violation of these Terms and Conditions of Use, as well as the regulations in the location in which you reside. In these cases, any winnings earned will be voided by the sole discretion of Bang The Sticks®.
5. User Accounts
A. Account Responsibility
B. Secrecy Obligation
To create an account on the Website you will need to submit your personal e-mail address and create a unique username along with a password. Usernames should not be derived from an e-mail address, infringe on the rights of any third party and should not violate any rules of good conduct. Passwords should be changed periodically and should not contain consecutive letters and/or numbers. Passwords should differ from the user’s username. Bang The Sticks® will never share your password with any third-party unless required by law. Bang The Sticks® will never request your password by e-mail or telephone.
You may be required to provide additional verification documents to verify your identity. If you become incapable to provide such verification documents your access to the Website may be denied by Bang The Sticks®.
C. No Transfer
Each user of the Website is only allowed one Account and your Account is non-transferable. No other person is allowed to access your Account, accept winning on your behalf or participate in any Tournament using your Account, this includes, but is not limited to, the use of your Account by any third-party or any persons under the age of eighteen (18) (or the lawful age of majority in the respective jurisdiction you reside). Under no circumstances may you allow another individual to use or re-use your Account or your password. Any individual found to have violated any of the above information may be reported to the respective authorities.
It is to be **** that any and all references to dollars (“$”) is a reference to Canadian dollars (CAD). All transactions are denominated in Canadian dollars and if you make a deposit in any currency other than Canadian dollars that your deposit with be converted to such by our Payment Processors or your personal Financial Provider, you may be charged for this service. Be advised that Payment Processors and your personal Financial Provider may use different conversion rates and these rates are not under the control of Bang The Sticks® and we strongly recommend that you contact your personal Financial Provider directly for additional information.
E. Withdrawal Process
At any time, users may request a withdrawal of funds from their Account, this process helps minimize customer fees and add additional security for Bang The Sticks® users. To prevent any circumstances of fraudulent behaviour or account hijacking, Bang The Sticks® reserves the right to request verification of the user’s identity to verify the validity of a withdrawal request and to verify the user’s identity. Bang The Sticks® may request this information from the Account holder or the credit card company (if applicable). In this event, Bang The Sticks® is authorized to withhold funds until the Account holder is able to verify his/her identity. Your winnings are then awarded to you in its entirety. The minimum withdrawal is $20 CAD or the entirety of the member's account balance in the event that it is less than $20 CAD. All withdrawals are subject to a withdrawal fee. Withdrawals via PayPal are subject to a withdrawal fee of $4 CAD and withdrawals via cheque are subject to a withdrawal fee of $4 CAD. Withdrawals will be revoked for security purposes in any instances that account fraud is suspected.
*Please Note: Initial registration bonus, withdrawal restrictions apply: (1) limit one bonus per household; (2) limit one bonus per PSN ID/gamertag; (3) must participate in a minimum of three tournaments and/or head-to-head matches totalling a minimum of the bonus amount; (4) bonus cannot be withdrawn for 60 days; (5) general site Terms and Conditions apply.
The following applies solely to those Users residing in the United States of America. In agreement with the United States Internal Revenue Service regulations, any user who wins $600 (USD) or more on the Website, in any given year, will be sent an IRS Form 1099 or other appropriate form. The pertaining User is responsible for paying all federal and applicable taxes in accordance with the laws set forth in their state, province and/or country.
G. Limitations on Account Activity
Bang The Sticks® reserves the right to impose dollar ($) amount limitations on the Account transactions in which you engage to fund your activities. Bang The Sticks® may also limit the net dollar amount you may lose on the Website during any calendar month. In the event your losses reach this limitation set forth, your play in the Tournaments offered on the Website will be restricted until the beginning of the next calendar month. Bang The Sticks® may impose this dollar ($) amount restrictions at any time.
A. Your Right to Termination
B. Provider’s Right to Termination
Bang The Sticks® reserves the right to terminate your Account or limit your participation in Skill Challenges and/or Tournaments for any given reason, not limited to, misuse of the Services, violation of these Terms and Conditions, or abuse by you as explained in section 15. Consent to these Terms and Conditions implies your consent to all Bang The Sticks® to access your Account and investigate on, complaints or any other allegations, among other things. In the event that your Account must be terminated by Bang The Sticks® there will be no charge for this termination.
C. Inactive Accounts
If you do not log on to your Account or participate in any Skill Challenges and/or Tournaments within ninety (90) consecutive days, your Account will be deemed inactive. In this event, if your Account has a balance less than or equal to $10.00 Bang The Sticks® will proceed to terminate your Account and forfeit all remaining funds on your Account. You may, at any time, reactivate your Account by simply logging in.
7. Privacy and Protection of Personal Information
8. Disclaimer of Warranties and Limitations of Liability
All visitors to bangthesticks.com use the Services at their sole risk. Bang The Sticks® nor and of its affiliates, agents, directors, employees, licensors, officers, merchants, sponsors and/or any other third-party that provide products or services to Bang The Sticks®, consent that websites affiliated with Bang The Sticks® will be uninterrupted, error-free, free of viruses or defective among many more. In addition, Bang The Sticks® should not be held responsible for any opinions, statements, advice or views posted on the Service by any entity or person other than authorized Bang The Sticks® spokespersons. In no instance, may the views or statements made by advertisers, content providers, User, guests, independent writers or experts be relied upon for important decisions without indication.
A. Disclaimer Warranties
Bangthesticks.com is provided by Bang The Sticks® on an “as is” or “as available” basis. Services and/or software download on the website are done so at the user’s personal discretion and risk. In sequence, any damage to your console or loss of data due to said download is solely the user’s responsibility. Some users may experience epileptic seizures when exposed to particular light conditions on various electronic devices. Users who experience such epileptic seizures should immediately discontinue use of the Services and contact their physician. Some users may have never experienced epileptic seizures prior to use of the Service. If you experience any of the following symptoms, consult your physician, dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
B. Limitation of Liability
Bang The Sticks® does not guarantee continuous, secure or interrupted access to bangthesticks.com. Numerous factors may interrupt your use of the website outside the control of Bang The Sticks®. By registering an account on the Services you expressly agree that you understand and comply that Bang The Sticks® will not be liable for any damages or loss this may cause you. If you do not comply with any portion of the Terms and Conditions of Use, we advise you discontinue use of the Services.
9. Third Party Links
10. Third Party Payment Processors
11. Chat, Private Message and Shout Box Policy – Rules of Conduct
Bang The Sticks® reserves the right to temporarily or permanently ban any Users who violate the Terms and Conditions or abuse the purpose of the chat areas on bangthesticks.com. Bang The Sticks® also reserves the rights to remove any posts for any reasons. Users of any chat areas must be at least 18 years of age. Obscene, slanderous, **** abusive, violent, insulting indecent, threatening and harassing language of any kind is not permitted. Any use of profanities, obscenities, or the use of asterisks (*) or other masking characters to disguise such words, is not permitted. Discussing any intent to act in illegal matters or advocating or proposing illegal acts is not allowed. Do not include any other individual’s contact or personal information or e-mail in a post.
Do not post any third-party website links or promote any other websites in any of the chat areas. If this violation is foreseen the link or promotion will be immediately removed. On your first offense you will be fined $5.00 (CDN) and you will be banned from the Shout Box. If the offense recurs your Account will be terminated.
Impersonating other Users or staff of Bang The Sticks® is strictly prohibited. Opinions or comments are encouraged but attacking individuals, companies or products is not allowed. Please limit posting on the subject of Tournaments. We advise you do not share your Personal Information with other Users on the Website. No patented, copyrights or trademarked materials are allowed in messages. Any and all information disclosed in the chat areas become the property of Bang The Sticks® and will be revealed to the public. Bang The Sticks® is not responsible for any information you choose to share in the chat areas.
In the Shout Box you can also interact with the online community to see what is going on. It is here to help Gamers set-up matches and get the full experience here at Bang The Sticks®. The use of the Shout Box for any other use may result in fines, suspension, or termination of your Bang The Sticks® membership. All postings are recorded.
Users acknowledge and comply that he/she will not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Tournaments offered through bangthesticks.com or attempt to interrupt the operations of the Website. In the event that Bang The Sticks® determines that a User has attempted to engage in any Circumvention Act, unfairly altered their chances of winning or committed any other acts of fraud with regard to the Website, in such an event, the User will forfeit all winnings. Bang The Sticks® reserves the rights to proceed with relevant regulatory civil or criminal developments.
If you choose to use bangthesticks.com, you are solely responsible for restricting access to your console and you must ensure that your console is free from all types of viruses, spyware etc. that may track any data you enter. Users must maintain the confidentiality of their Account and password. Users also agree to accept sole responsibility for any activities under their Account or password. Users are liable to a) immediately notify Bang The Sticks® of any authorized use of their Account of password or any other breach of security, and b) ensure that you exit (“log out”) your Account at the end of every session. Failure to comply with this section may end with loss and/or damage and such consequences are not the responsibility of Bang The Sticks®. Bang The Sticks® reserves the right to monitor traffic on the Website to identify and/or block any unauthorized intrusions. Use of the Website expressly consents to such monitoring.
Users agree to defend, indemnify and hold harmless Bang The Sticks® and its subsidiaries, agents, managers and other affiliated companies from and against all liabilities, actions, claims and expenses, including legal fees rising out of or relating to a) Your use of bangthesticks.com and the Services, b) any other party’s use of the Website with your Account, except in cases where you have already notified Bang The Sticks® that your Account has been compromised as outline in section 5.A, c) your connection to any Bang The Sticks® site, d) your violation of these Terms and Conditions, e) your violation of any betting regulations, or f) your violation of any rights of a third-party or service.
15. Applicable Law/Jurisdiction
The provision of these Terms and Conditions are intended to be severable. The failure of Bang The Sticks® to enforce strict use of these Terms and Conditions shall not be constructed as a waiver to Bang The Sticks® right to **** such Terms and Conditions.
17. Statute of Limitations
Except as stated otherwise, any notices to bangthesticks.com can be mailed by registered mail to:
6855 Airport Road
Suite # 503
Notices to Users from Bang The Sticks® will be made to e-mail addresses only. Said e-mail addresses are provided during the Registration process.
19. Entire Agreement
These complete Terms and Conditions constitute the entire between you, the User, and Bang The Sticks®. Any prior understanding, written or oral, are replaced with these Terms and Conditions set forth.
These Terms and Conditions may be amended at any given instance without prior notice.
Last Updated on Tuesday, 08 February 2011 17:00.