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Terms and Conditions

1. Introduction.

Derbyz.com is owned by Emagine Games (hereinafter “Derbyz.com” or “Service”), and all references to Derbyz.com include its agents, employees, officers, spokespersons and other affiliates.
Derbyz.com is a game program that enables Hosts (individuals or organizations) to set up online games to receive money from Players who contribute money in order to advance a chosen game token. There are no prizes promised or awarded to any Players. At the end of the game, the winner is the game token that received the most contributions. The idea is the Players get to collectively help a Host select a name for whatever given purpose. Beyond that, the games are for amusement purposes only.
You may play the game (become a Player) by opening a NameGame and contributing money via PayPal to advance the game token of your choice. It is understood and agreed that Derbyz.com may, in its sole discretion, modify or otherwise amend these Terms of Use by updating the modified terms on the Derbyz.com website, and without any specific notice to you. By your use of the Derbyz.com website, you accept the Terms of Use and our Privacy Policy, as modified at the time of such use. If you do not agree to these Terms of Use, as modified from time to time, then do not use or access Derbyz.com.

2. How it Works.

Players pay no surcharges or fees.
It’s always free to start raising money on Derbyz.com. Derbyz charges a 8% fee on the total contributions collect by the Host up to $999; 6% from $1000 to $3999; and 4% on from $4000 up. Hosts will ALSO pay PayPal at their customary rate (currently 2.9% PLUS $0.30 per transaction.) PayPal fees are outside of the control of Derbyz.com and subject to change without notice.
All Derbyz.com pages are freely accessed by the public, including but not limited to search engines like Google, Bing  and Yahoo.   Derbyz.com does not provide the option of private or limited-privacy game pages.  All activity on the Derbyz.com website is publicly available.
As a Player, you may make your contributions anonymously. Only the dollar amount and movement of the game token is shown, but Derbyz.com does not guaranty your anonymity.
Derbyz.com is not a party to any agreements between Players and Hosts; if a Host breaches an agreement with a Player, the Player will not hold Derbyz.com responsible, and if a Player breaches an agreement with a Host, the Host will not hold Derbyz.com responsible.
Monies for all game plays are processed and delivered to Hosts immediately.

Hosts receive any Player’s information from PayPal as defined under PayPal's terms and conditions. 
Hosts are under no legal obligation to use the winning name and Derbyz.com disclaims any obligation to guaranty that Hosts will use the name. Derbyz.com has no liability for any damages resulting from cancellation of a game, or a contribution.
Derbyz.com has no obligation to investigate potential Hosts or actual Hosts.  Derbyz.com provides no assurance to Players that Hosts are who they say they are, or that Hosts are truthful or trustworthy. 

3. Compliance with Law and Terms of Use.

By using the Derbyz.com website for any reason, you warrant and agree:
a. To comply with all federal, state and local laws applicable to you.
b. To comply with these Terms of Use.
c. To comply with all federal, state and local tax laws applicable to you or your organization, be you a Player or Host. d. The funds raised through Derbyz.com will be used solely for the purposes you describe.
e.  You are truthful in all information you provide in and through Derbyz.com, you are not impersonating anyone and you are being truthful as to any affiliation with any person or entity. 
Derbyz.com is not responsible for any error or omission in the information any Host or Player provides.

4. Prohibited Activities.

You may not use the Derbyz.com for activities that violate any law. Without limiting the aforesaid general prohibition, you may not use Derbyz.com for any activity related to (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) sexually oriented materials or services,  (h) ammunition, firearms, or certain firearm parts or accessories, (i) weapons or knives regulated under any applicable laws, (j) cause risk of injury to any person or damage to any tangible or intangible property, (k) self-promotion beyond actions authorized by Derbyz.com, or (l) harassment, bullying or so-called cyber-bullying.

5. Reporting Violations of the Terms of Use.

You agree to report violations of these Terms of Use to us, by emailing us at violations@Derbyz.com. It is understood and agreed that if any unauthorized user has access to either your Host or Player account, you will immediately notify Derbyz.com. You are responsible for all use of your account, whether or not you authorize such use.

6. Age Requirement.

You must be 18 or older to enter or administer or Host account.
A player may be 13 or older under the condition that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and use our Services.

7. Data and Prohibited Uses.

You agree to allow Derbyz.com to accumulate and use anonymous aggregate data for Derbyz.com’s internal research and/or to allow Derbyz.com to improve or otherwise modify its services. You agree not to use any automated system, including without limitation, e.g., “robots,” “spiders,” that accesses Derbyz.com in a manner that sends more request messages to the Derbyz.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from Derbyz.com nor to use the communication systems provided by the Service for any commercial solicitation purposes.  You agree that you will not attempt to take any action which might place an unreasonable burden on Derbyz.com’s servers and you will do nothing that may interfere with a third party’s ability to use Derbyz.com.  In addition, you agree you will make no attempt to decipher any of Derbyz.com’s information and you will do nothing to interfere with Derbyz.com’s system integrity.  In the event that Derbyz.com provides you with a “widget,” you agree to use such widget only in accordance with these Terms of Use, that you will not associate or use such “widget” in connection with any content otherwise prohibited by these Terms of Use, and that you immediately will cease use of Derbyz.com widgets immediately upon demand by Derbyz.com, termination of this Agreement, or termination of  your funding campaign, whichever occurs first. 

8. Taxes.

It is understood and agreed that you will not hold “Derbyz.com” liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions. Derbyz.com makes no representations regarding the deductibility of any Contribution for tax purposes.  You disclaim Derbyz.com’s involvement in any tax matter related to your use of Derbyz.com.

9. Litigation.

You agree to defend and otherwise hold harmless Derbyz.com, and not to involve Derbyz.com in any litigation or threatened litigation that occurs due to your actions in relation to Derbyz,com or your use the website.

10. Disclaimer of Warranties.

Derbyz.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF ITS SERVICES OR FITNESS OF ITS SERVICES FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT YOU RELEASE AND HOLD HARMLESS Derbyz.COM FROM ANY AND ALL LIABILITY THAT Derbyz.COM MAY OTHERWISE HAVE WITH REGARD TO OR ARISING FROM THIS AGREEMENT OR ANY SERVICES PROVIDED BY Derbyz.COM, FOR REASONS INCLUDING, BUT NOT LIMITED TO, DELAY OR FAILURE OF Derbyz.COM SERVICE, NEGLIGENCE, OR ANY OTHER TORT OR BASIS FOR CIVIL LIABILITY. IF THERE IS ANY APPLICABLE LAW THAT RESTRICTS SUCH RELEASE OF LIABILITY, IT IS AGREED AND UNDERSTOOD THAT Derbyz.COM IS ONLY LIABLE FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS Derbyz.COM’S LIABILITY TO, IN THE EVENT THAT SUCH A MINIMUM EXISTS.
IT IS AGREED AND UNDERSTOOD THAT Derbyz.COM IS NOT RESPONSIBLE IN ANY WAY FOR PROMISES, REPRESENTATIONS OR ANY OTHER STATEMENTS MADE BY THIRD PARTIES ON OR THROUGH THE Derbyz.COM WEBSITE, OR BY ANY OTHER MEANS OF COMMMUNICATION TO YOU, NOR IS Derbyz.COM RESPONSIBLE FOR ANY BREACH OF WARRANTY OR SUBSTANTIALLY SIMILAR CLAIM ARISING FROM ANY GOODS OR SERVICES OBTAINED OR PROCURED THROUGH Derbyz.COM. Derbyz.COM BEARS NO RESPONSIBILITY FOR ANY THIRD PARTY CLAIMS OR REPRESENTATIONS THAT ARE MADE IN BAD FAITH, FRAUDULENTLY OR NEGLIGENTLY, INCLUDING BUT NOT LIMITED TO CLAIMS OR REPRESENTATIONS CONCERNING CHARITABLE SOLICITATIONS, WHETHER OR NOT SUCH CHARITABLE SOLICITATIONS ARE MADE IN CONNECTION WITH A TAX-EXEMPT ENTITY.
Derbyz.COM ASSUMES NO RESPONSIBILITY FOR FAILURES OR ERRORS COMMITTED BY OR THROUGH ANY THIRD PARTY PAYMENT PROCESSORS.  Derbyz.COM SHALL NOT BE RESPONSIBLE FOR OR OTHERWISE LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF Derbyz.COM OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY INTERNET OUTAGES, FAILURES OR DISRUPTIONS IN SERVICES, UNTIMELY DELIVERY, WHETHER OR NOT SCHEDULED, WHETHER OR NOT INTENTIONAL, AND WHETHER TEMPORARY OR PERMANENT.
YOUR USE OF Derbyz.COM CONSTITUTES YOUR AGREEMENT WITH AND YOUR PROMISE TO COMPLY WITH Derbyz.COM’S TERMS OF USE INCLUDING BUT NOT LIMITED TO THESE WAIVERS OF LIABILITY. Derbyz.COM’S PROVISION OF ANY SERVICES TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE SPECIFIC PROVISIONS OF THESE TERMS OF USE SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF ANY OF THE PROVISIONS OF THESE TERMS OF USE.
The following applies only to the extent that these Terms of Use are controlled by the laws of a Jurisdiction that prohibit the limitations on liability set forth above to any extent: Notwithstanding any provision of these Terms, if these Terms of Use are subject to a jurisdiction that has provisions specific to waiver or liability that are in conflict with the above, then Derbyz.com’s liability is limited so that its liability is the smallest and most limited possible by law.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.
The Service is controlled and operated from its facilities in the United States. Derbyz.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

11. Indemnification.

It is understood and agreed  that Derbyz.com is not liable for any loss or damage due to your or any third party’s failure to comply with the terms of this agreement. You agree to defend, indemnify and hold harmless Derbyz.com, its employees and agents, officers, spokespersons and other affiliates, from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the Derbyz.com website, or any other of your actions with regard to Derbyz.com, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. If Derbyz.com is subject to any claim as anticipated by this paragraph, you agree that Derbyz.com may enter into a commercially reasonable settlement with the party/parties making the claim, and that you still shall be liable for the damages.

12. Derbyz.com Accounts.

Derbyz.com.com reserves the right to delete Host or Player accounts, or any of the content therein, at our discretion. All such content is your responsibility. You are 100% responsible for any damage caused by the unauthorized use of your account.  You agree you will not:
a) Use sexually explicit content, obscenities, copyrighted/trademarked/otherwise protected  material, or abusive/hateful language in any area of the site.
b) Use your Derbyz.com account for any illegal purposes.
c) Provide information that is not complete and accurate.
d) Attempt to bypass or otherwise circumvent the designated method of payment as provided by Derbyz.com.
e) Use a Host’s or Player’s account without permission.
f) Attempt to bypass or otherwise circumvent any restriction Derbyz.com has placed on your use of Derbyz.com.
 

13. Refunds.

Players should only contribute payments to Derbyz.com users they personally know and trust. There are no refunds, for any reason, except for refunds provided under the limited guaranty described elsewhere in these Terms of Use. Players assume the full risk of investigating and determining whether to donate. Under certain circumstances Derbyz.com may, but is under no obligation to, seek the refund of Project Funding if a Host misrepresents the Project or misuses the funds. You acknowledge and agree that all Contributions are between the Player, the Host, and the Processor only, and that Derbyz.com is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.   You agree that Derbyz.com has the right, but not the obligation, in its sole discretion, to delay funding, withhold funding, reverse funding or otherwise refund money to Players on behalf of Hosts. 

14. Offensive Material, Harm to Your Computer.

Derbyz.com.com disclaims any obligation to review any material posted on Derbyz.com.com, though it may do so from time to time. Hosts and Players are responsible for protecting themselves from offensive or harmful content, and for protecting their computer hardware and software.  You agree that Derbyz.com bears no responsibility for material posted on Derbyz.com which is false, offensive or otherwise inappropriate, and you agree you will not hold Derbyz.com responsible for any damages caused by your exposure to such material.

15. Choice of Law and Forum for Disputes.

These Terms and Conditions and our provision of services to you shall be governed by the laws (state, federal, or otherwise) applicable in the State of Utah. Any dispute arising from or relating to these Terms of Use or our provision of services to you must be resolved in a court of competent jurisdiction in Salt Lake City, Utah. If you fail to bring a dispute in compliance with these provisions, we may make a motion to dismiss your claim, which you agree to consent to, and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.  This paragraph is limited by and subject to the arbitration provisions set forth below.

16. Communications.

You agree that Derbyz.com.com may communicate electronically with you, by sending communications to your email address, and that Derbyz.com.com is not liable for any user generated content that is emailed to you as part of such communications. It is understood and agreed that you are liable for all communications you send promoting your Derbyz.com site.

17. Severability.

If a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will be otherwise valid and enforceable as though they had been agreed to without the unenforceable provision.

18. License Grant.

By posting any Host Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Derbyz.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Host Content and your name, voice, and/or likeness as contained in your Host Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. 
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Derbyz.com reserves all rights not expressly granted herein in the Service and the Derbyz.com Content. Derbyz.com may terminate this license at any time for any reason or no reason.

19. Proprietary Rights.

Except for your Host Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Host Content (the “Derbyz.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Derbyz.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Derbyz.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

20. Assignment and Waiver.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Derbyz.com without restriction. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Derbyz.com’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

21.  Arbitration of Disputes and Waiver of Class Actions.

Either Derbyz.com or you may demand that any dispute between Derbyz.com and you about or involving the Derbyz.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Salt Lake City, Utah, USA, provided that the foregoing shall not prevent Derbyz.com from seeking injunctive relief in a court of competent jurisdiction. 

You agree that, by entering into this Agreement, you and Derbyz.com are each waiving the right to a trial by jury or to participate in a class action. 

 This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. 
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Derbyz.com should be addressed to:  Andrew Hyams, Esq., Kerstein, Coren & Lichtenstein, LLP, 60 Walnut Street, 4th Floor, Wellesley, MA 02481 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").  If Derbyz.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Derbyz.com may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Derbyz.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Derbyz.com is entitled.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  

YOU AND Derbyz.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 Further, unless both you and Derbyz.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party's costs and expenses, including reasonable attorneys' fees.  Notwithstanding anything herein to the contrary, this agreement to arbitrate will not preclude either you or Derbyz.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award. If Derbyz.com files an arbitration claim or takes other legal action against you in connection with any actual or suspected breach of this Agreement, Derbyz.com will be entitled to recover from you as part of such legal action, and you agree to pay, Derbyz.com's reasonable costs, expenses and attorneys' fees incurred as a result of such legal action. Derbyz.com and its licensors and contractors will have no legal obligation or other liability to you or any third party arising out of or relating to Derbyz.com's termination of this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Derbyz.com or its licensors, as the case may be, and would therefore entitle Derbyz.com to injunctive relief.

22. No Legal Advice.

Nothing contained in these Terms of Use and nothing included on the Derbyz.com website constitutes legal advice.  If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney. 

23. Questions about these terms.

If you have any questions about these terms or our Games you may contact us from our Contact page.