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Terms and Conditions

General Introduction

Sharkwaters Limited (the \'Company\' or \'Sharkwaters’) is a limited liability company registered in England and Wales, number 5555002 on September 6th, 2005. Our registered offices are at 57 Princes Gate, London, England. Sharkwaters is a website designed to enable multiplayer gamers to earn money in one of two ways: Firstly by challenging against each other on multiplayer games for money, and secondly by coaching each other for money.

Sharkwaters provides a unique feedback-based platform for these two activities, thus enabling Sharkwaters to accommodate the widest possible universe of gamers. Sharkwaters does not offer rooms for challenges based on sporting events and other gambling events, but rather on events in which customers compete against each other in games of skill.

Sharkwaters does not itself make or accept challenges, but rather provides customers with an automated facility for the placing money challenges with each other. These can be non-monetary (‘Gentleman’s’) challenges or challenges for money. In return for this service, we take a commission on money challenges. This commission is deducted from funds committed to challenges by customers. Sharkwaters also provides a coaching (‘Coaching’) area where certain customers can pay for the right to be listed as coaches and other customers may pay for coaching sessions from those coaches.
The Company trades as ‘Sharkwaters’. In these terms & conditions references to \'we\', \'us\', \'our\' and any similar expression shall refer to the Company. This agreement is entered into between us and the customer (\'you\').
The Website, Coaching, and any other services provided by Sharkwaters to you are referred to herein as the ‘Services’.

Agreement

1.Effect of this agreement
1.1.By agreeing to these terms and conditions and/or by continued use of the Services, you are bound by the entirety of this agreement and by our \'Rules and Regulations\' and the \'Privacy Policy\' that are incorporated by reference into these terms and conditions. If there is any inconsistency between these terms and conditions and any document incorporated by reference, these terms and conditions will prevail.
1.2 Changes to this Agreement
If we make significant changes to these terms and conditions we will take appropriate steps to bring such changes to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). It is your responsibility to check these Terms & Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Services will be deemed to be your acceptance of any changes to the terms and conditions and privacy policy. Any challenges matched prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing terms and conditions.

2. Your representations
2.1.You are 18 years of age or over, or of the minimum legal age required in your jurisdiction, of sound mind and capable of taking responsibility for your own actions.
2.2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Sharkwaters registration. In the event that another person uses your account you are solely responsible for all their actions whether or not their access was authorized by you and for this purpose you hereby indemnify Sharkwaters and hold Sharkwaters harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
2.3. The Services are available to individuals alone. No legal entity may register on Sharkwaters or use the Services. No bookmakers may use the site.
2.5. You will not use our services while located in any jurisdiction that prohibits skill-gaming for money or the placing or accepting of money challenges online.
2.6. You are acting as a principal and not as an agent on behalf of a third party.
2.7. You are not and never have been an undischarged bankrupt or in a voluntary arrangement with your creditors.
2.8. If paying money into any Sharkwaters-related account by credit card or by debit card, you are the authorised user of such card. At no time in the past have you failed to honour a liability on a challenge by charging back to your card issuer a payment made by card for challenge services.
2.9. You are permitted in the jurisdiction in which you are located to use online skill-based wagering services and you have verified that you are permitted to use interactive person-to-person skill-based prize winning competitions in that jurisdiction.
2.10. You undertake to use our services for legitimate purposes only. In particular you undertake not to engage in any activity whose sole or primary purpose is to cause damage to or in any way hinder our business operations or generate or increase a liability on us to any third party including without limitation any tax, levy or duty collecting authority.
2.11. You will not attempt to hack, make unauthorized alterations or introduce any kind of malicious code to the Website or the Company by any means.
2.12. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or other information contributed to Sharkwaters.
2.13 Eligibility (United States)
To open an account and/or participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the money challenges offered on the Site is unrestricted by law.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Sharkwaters cannot offer money challenges to residents of the following US states:

Alaska
Iowa
Arizona
Louisiana
Arkansas
Maryland
Connecticut
Missouri
Delaware
South Dakota
Florida
Tennessee
Illinois
Vermont

If you live in one of these states, you are not eligible to play skill games for money. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.14 Eligibility (Non-U.S.)
You must be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.15 Additional Persons Not Eligible
The following persons are ineligible to participate in Sharkwaters challenges or receive any money winnings, reward or prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.16 Registration and Membership.
To become a Member, you must register for the Sharkwaters.com Service, thus establishing an Account. By registering, you represent that you are not legally disbarred or inhibited in any way from participating in the games and tournaments we make available. It is your responsibility to ensure that national, state or other laws to which you are subject do not adversely affect your right to participate.
If you decide to become a Member, or to enter a money challenge, or to benefit from coaching services, the Sharkwaters.com Service or the coaching in question (as the case may be) will be made available for your use promptly. As a result, you will not have the right to cancel this Agreement, or to any refund of monies you pay, during any cooling-off period under the United Kingdoms Consumer Protection (Distance Selling) Regulations 2000.
You undertake to register for the Sharkwaters.com Service using accurate and current information about yourself. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges that are deducted from it. Equally, if you fund your Sharkwaters Account from a Paypal or other online payment or ‘e-wallet’ account, for example MoneyBookers and Neteller, you guarantee that you are the legitimate controller of that account and that the ‘e-wallet’ account has available funds sufficient to cover the charges to be deducted from it.
2.17 Legality.
Sharkwaters.com may monitor the location from which you appear to access the Sharkwaters.com Service and, if determined by company policy or if so requested by competent authority, to use techniques which are intended to block access from a jurisdiction in which participation in the Sharkwaters.com Service is, we are informed, illegal or restricted. Accordingly, Sharkwaters.com may require a Member receiving any moneys to provide proof that he or she is eligible to participate.

3. Privacy
3.1. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
3.2 Given the global nature of the Internet, any posting you make on the Sharkwaters.com Service (including any which contain personal information) is, of course, accessible to users around the world.
By registering to become a Member, you agree that we may display the Username you select, your challenge results and records. By committing or accepting any moneys in challenges, you further agree that in our promotional efforts we have the right to publish your Username and challenge records in any media (websites, forums, newsletters, broadcasts, emails, etc.), without making any payment to you.
We reserve the right to collect general demographic and other anonymous information that does not personally identify you. This information is not associated with your personally- identifiable information and will not be linked to you personally.
Sharkwaters.com utilizes system e-mails such as: e-mails to verify your account, to notify you when you have been challenged, to notify you of disputed challenges, e-mail invitations from other players. The system also makes use of promotional e-mails to let you know of latest news, special promotions, events and policy changes. System e-mails and other important notices will be sent to your nominated email address as long as your Account is open. You have the option to opt in or opt out of receiving promotional e-mails at any time by emailing to that effect or using the form at http://www.Sharkwaters.com/support/contact.jsp.
We will retain your personal data only as long as is necessary for the purposes to which you consent under this Member Agreement, and then we will delete it from our systems.

4.1Accounts and payments
A person may open only one Account, which must be funded by that person, and not by anyone else. Sharkwaters.com reserves the right to assess compliance with this requirement by checking for unique email addresses, postal addresses, postal codes, credit card numbers and/or any other payment forms used to establish an Account.
If any Member is discovered to have breached this requirement, Sharkwaters.com has the right to close the relevant Account and to consolidate all or part of the funds in their additional Accounts to the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional Accounts. All winnings on all relevant Accounts are forfeited. Furthermore, Sharkwaters.com has the right to compensate itself from the transferable sum by taking an amount which equates to any transaction costs we have incurred as a result of transactions on or through the relevant Accounts.
Continued breach may, at our discretion, result in the termination of all the relevant persons Accounts and banning from the Sharkwaters.com Service. Sharkwaters.com reserves the right to terminate all affected Accounts if we conclude, acting reasonably, that more than one of such Accounts is being operated by, or is under the control of, a single person.
4.1.1 We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your Account, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your Account’s Password is kept completely secret.
4.1.2 By opening an Account, you agree to allow Sharkwaters.com access to your Account information to investigate complaints and/or other allegations of abuse.
4.1.3. At the termination of the Account, a sum up to the remaining withdrawable funds in the Account less any unavoidable fees payable to Sharkwaters and/or payment service providers (such as PayPal) will be returned to the Member. Deposits of funds made in the Account, less any withdrawals that have been made on the Account, will be credited by means of a credit back to PayPal, or the relevant payment service used to originally deposit the funds. Credits in excess of this amount, resulting from winnings on the Sharkwaters.com Service may, at Sharkwaters discretion, be repaid via PayPal. Sharkwaters reserves the right to withhold the winnings of any user who has broken the terms of this agreement.
4.1.4. Where we have a serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the withdrawal of funds by a member until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
4.1.5. Before you are able to start a challenge on Sharkwaters, we will require you to first register with us. Additionally, you must have placed funds into a Sharkwaters account through one of our accepted payment service providers.
4.1.6. We may not accept registration from persons resident in jurisdictions that prohibit online skill-gaming, cash contests, prize tournaments or similar.
4.1.7. You agree to provide accurate registration information. You agree to inform us of any changes in such details.
4.1.8. You authorise us to use any means that we consider necessary to verify your age, identity, location and creditworthiness with any third party providers of information.
4.1.9. Registration will be conducted using secure server encryption.
4.1.10. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any challenge you have placed. We reserve the right to declare null and void any challenges which are the subject of such an error.
4.2. Confirmation and passwords
4.2.1. Upon completion of registration, we will confirm opening of your account by electronic mail to the e-mail address you have supplied. This email must be received and responded to, in order to verify your Sharkwaters Account.
4.2.2. On registration, you will be required to choose a password for use of the Website.
4.2.3. On registration via the Website, you will open a U.S. dollar-based account into which Sharkwaters will receive all funds in U.S. dollars. Depending on the payment service you use, you may incur currency Website fees, credit card fees or wire transfer. These are not charged by Sharkwaters, but by your service providers.
4.2.4. You agree to keep your username and password strictly confidential and you are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case-sensitive and we recommend the use of passwords that combine a combination of non-obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
4.2.5. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
4.2.6. We strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.
4.3. Contribution of Funds and Operation of Account
4.3.1.In accordance with clause 4.1.1 above, to open an account you need to contribute funds into a Sharkwaters Account which will be held by Sharkwaters on your behalf by way of security to meet any payment obligations you may incur as a result of placing offers for challenges or accepting offers to challenge on our Website. Details of how to make payments into a Sharkwaters Account are set out in Help area on our website and in the ‘my account’ area of the site.
4.4. Any amounts that are mistakenly credited as winnings or any other funds mistakenly credited to your Account remain our property and will automatically be transferred from your Account upon the error being noticed. Any winnings mistakenly credited to your Account yet withdrawn by you will constitute a debt owed by you to Sharkwaters.com in the amount of such wrongfully attributed winnings.
If you provide materially misleading, inaccurate or incomplete information in your Account, Sharkwaters.com will be entitled to terminate your Account and you will forfeit any moneys you may have won.
4.4.1. Your individual challenge limit is restricted by your ‘Max’ as displayed on the website. The Max is initially set at $5 and can grow as challenges are completed with different unique users on the website. Your overall challenge limit is represented by your \'Funds Available’ balance displayed on the ‘my account’ area of the website.
4.4.2. You will only be able to post a challenge on our Website if you have sufficient funds in your account to meet your obligations if another customer matches your challenge. Equally, you will only be able to match a challenge made by another customer if you have sufficient funds in your account to cover the challenge. Once the outcome of the challenge is determined, the winnings (less commission) will be held in the Sharkwaters Account for the use of the winner of the challenge.
4.4.3 In the event that there is a “Disputed Challenge”, and players are unable to resolve the conflict the within the automatic 24 hours reporting extension provided, each player will be refunded his or her challenge amount and any commission levied. Each player will also receive a “Disputed Challenge” on his or her profile. After three such conflicts, that player is removed permanently and without recourse from the Sharkwaters community. Repayment of funds will be as in clause 4.1 above.

5. Use of Sharkwaters’ Services
5.1. The Website allows customers to post challenges that remain available for acceptance by you at any time. Public challenges can be viewed on the Website. Private challenges may be sent directly to you by another Sharkwaters customer. We provide our customers with the following help facilities: (i) on the \'Help\' section of the Website itself; (ii) by email. However, you are responsible for understanding the contents and operation of our Website. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Sharkwaters and to monitor all information relating to challenges on customers accounts for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000.
5.2 Prohibitions.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Sharkwaters.com Service, nor any activity or communication you make in connection with any Sharkwaters.com Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, profane, pornographic, false, unreliable or misleading.
5.3 Abuse of the Sharkwaters.com Service. Members may not use unfair methods on the Sharkwaters.com Service. Any technique which facilitates a Member to deploy anything other than pure skill in the conduct of a game is unfair for these purposes. Such techniques may include, but are not limited to, multiple Accounts (see Clause 6 above), the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another Member, or deliberately losing games for the purpose of getting a competitive advantage. Further, Members may not conduct themselves in such a way as to produce a disruption or malfunction of the Sharkwaters.com Service.
5.4 Suspension and Termination for Breach.
Without limiting our other remedies, we may suspend or terminate your account and refuse to continue to provide you with our services, in either case without giving you prior notice, if you breach any term of this agreement or we believe that your actions may result in legal liability for you, for the Company or for third parties.
We reserve the right (a) to suspend or terminate any Member’s access to the Sharkwaters.com Service, or parts of it, and (b) to forfeit from the relevant Account(s) all winnings, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Forfeiture of winnings particularly applies where cheating, underage usage or fraudulent usage are concerned. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Sharkwaters.com Service without our prior consent. You are responsible for everything that is done on or through the Sharkwaters.com Service while your Membership Account is logged on to the Sharkwaters.com Service.
5.5 Relevance.
The Sharkwaters.com Service is intended to be used by its Members for the purposes referred to in the general introduction above. Accordingly, Members must not:
- use the Sharkwaters.com Service for any other purpose;
- place material on, or otherwise use, the Sharkwaters.com Service for any business, advertising or commercial purpose; or
- use your access to the Sharkwaters.com Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
5.6 Unallocated Member Funds
From time to time, Sharkwaters.com holds funds that are not allocated to a Member. This particularly occurs if a Member’s winnings are forfeited, or if we are unable to place funds in an Account because it has been cancelled by the Member. Any member who has not logged on to his or her accounts after a period of one year will forfeit all his or her funds in that account. We do not wish to keep unallocated Member funds, but instead would prefer to put them to a good cause. Therefore those funds, less any bonus cash, will be donated to a charity at our discretion.

6. Posting a challenge
6.1. When a challenge Sponsor posts a challenge on the Website, or sends a private challenge to another Member, this challenge will refer to an event for the outcome of which the Sponsor and challenge Matcher will compete. The event can have only one winner. The challenge details should include:
• The title of the challenge
• A description of the event on the outcome of which the challenge depends
• The server or other location where the event is to take place
• The odds you wish to play for, if any
• The amount of money you wish to stake
• The Max required for another customer to match your challenge (optional)
• The ranking required for another customer to match your challenge (optional)
• The time the event is to take place
• The time within which both parties must report the outcome on the Website
6.2.You agree to appoint the Company as your agent: (i) for the communication of posted challenges; and (ii) for receipt of communications matching your challenges.
6.3. Posting a public challenge means that the challenge is open for acceptance by another customer, or customers in the case of a multiplayer challenges, so long as these customers comply with these terms and conditions.
6.4. You do not challenge with the Company, but only with other customers who use our service. We do not accept challenges on our own behalf under any circumstances. If you match a challenge, you agree to the terms posted by the challenge Sponsor.
6.5. A challenge posted on Sharkwaters remains open for matching by any of our customers (unless properly cancelled by you in accordance with Clause 8 below). You may not nominate individuals to be counter-parties to any of your offers for challenges.
6.6. Your challenge may be posted on Sharkwaters in isolation or in combination with other challenges. We will not reveal your personal data to our other customers as the originator of the challenge unless required to do so by law or otherwise in accordance with the provisions of our Privacy Policy. Other customers will be able to see some information relative to you on the site, including your username, Max, Sharkwaters ranking, win/loss record, challenge completion percentage and Sharkwaters winnings. In addition you may, if you wish, post additional information for other Members to see on your personal profile page, including an image.
6.7. Your posted challenge will only be valid and open for acceptance if it is made in accordance with our terms. We reserve the right to refuse or void and refund a challenge posted on our Website without giving prior notice. Your challenge must be related to an event on which you are directly participating, and cannot be on any third party event.
6.8. We will only allow you to post a challenge on Sharkwaters if you are in compliance with these terms and conditions. If we allow you to post a challenge and subsequently suspect that you are or were, at the time of making the offer, in breach of this agreement, we may, at our absolute discretion, withdraw your offer from our Website, void any challenges outstanding to your account and terminate your account.
6.9. You are entirely responsible for the information that you provide us concerning the challenge you post. We will not enquire into the reasonableness of any challenge you may post. We will not be liable for incorrect entries made by you on the Website, including data input errors with respect to the odds or stake on offer.
6.10. Once you have posted a challenge, you agree to leave that challenge open for matching, subject to termination of the offer by us or your valid cancellation of the offer in accordance with Clause 8 below.
6.11. We may determine, at our absolute discretion, when our Website is open for the posting of challenges and may close the Website at any time at our absolute discretion.

7. Matching challenges
7.1.You may use the Website to match challenges that are posted on our Website. You can obtain details of what offers for challenges are available either by visiting the Website or by receiving emails from Sharkwaters alerting you to such challenges.
7.2. While we will attempt to ensure that offers for challenges are correctly displayed and are effectively outstanding, we do not guarantee that every offer displayed as outstanding on the Website or received by you via email will be available for your acceptance. All or part of a challenge displayed on the Website as available on the Website may be successfully cancelled by the Sponsor, or matched by another customer before your acceptance is processed by the Website. In this case, you will not be able to match the challenge and your stake will not be subtracted from your account.
7.3. When you match a challenge as posted on the Website, you are not challenging with the Company but with other customers who use Sharkwaters.
7.4. Once you have matched a challenge, you will be able to cancel the challenge at any time up to the time the challenge event is due to commence. Otherwise, matching a challenge on the Website constitutes full acceptance of the challenge terms and commitment to play any challenge event if stipulated in the challenge.
7.5 By matching a challenge, you expressly state that you have read and understood the nature of the challenge and the terms under which each player will execute the challenge. By matching a challenge you also warrant that the terms and conditions for determining a winner, as written in the “Challenge Description” are understood clearly by you.
7.6. We may determine, at our absolute discretion, when the Website is open for matching challenges.

8. Cancelling, Voiding and Reporting challenges
8.1.Unmatched offers for challenges posted on our Website may be withdrawn at any time, unless and until they have been accepted, by cancelling the relevant offer for a challenge on the Website. The cancellation of an unmatched challenge becomes effective when your instruction to cancel is successfully received and processed by the Website. In the event that the Website fails to receive and process the cancellation in good time, you acknowledge that your challenge may remain outstanding and available for acceptance.

8.3. If you attempt to cancel an unmatched challenge, you may not be able to do so if customers have accepted your challenge during the interval between your submitting the cancellation request and that request being processed by the Website. In this case, your original challenge will be validly matched.
8.4. We will cancel any offers for challenges that remain outstanding at the time that we close a game room.
8.5. Once a Sponsor’s offer for a challenge is posted, the Sponsor has the right to cancel the challenge at any time. Any stake placed on the challenge is returned in full and there is no effect on the Sponsor’s completion rate or ranking.
8.6. Once a challenge is accepted, either or both parties have the right, up until the time the challenge event is due to start, to cancel the challenge. If the time for the challenge event is past, and the reporting period has begun, the challenge cannot be cancelled. If the time for the challenge event has past and the challenge event cannot take place, or be satisfactorily concluded for any other reason, both parties should agree to ‘void’ the transaction. Both parties to the challenge should then report the challenge as ‘void’ on their respective reporting page on the web site.
If both parties report the challenge as ‘void’, all stakes are returned in full and there is no effect on completion rates or rankings for either party.
8.7. Once an event is completed with a winner and a loser, all parties to the challenge should report the result on the Website, stating truthfully whether they were the winner or the loser.
8.8. If all parties report and the reports agree, then as soon as all reports are made, the winnings (less Sharkwaters commission) are paid to the agreed winner. The loser loses his or her stake and any commission taken. All parties receive a successful ‘completion’ score for their challenge history.
8.9. If all parties report on the outcome but the reports do not agree, a grace period of 24 hours is allowed for them to make reports in agreement. If agreeing reports are made within the grace period, payment and ranking proceed as in clause 8.8 above. Any attempt to change reporting results after the grace period will not be accepted and will be null and void.
8.10. If the reports do not agree within the 24-hour grace period, all parties will have their stakes refunded in full. All parties receive a negative ‘Disputed Challenge’ score on their challenge history and player profile.
8.11 If, after receiving an ‘Disputed Challenge’, a customer goes 10 challenges with different and unique players without a further “Disputed Challenge”, the initial ‘Disputed Challenge’ will be removed from the player’s public profile.
8.12 If only one party reports the result, that party’s report is regarded as the correct result and winnings will be paid accordingly at the end of the reporting period specified in the challenge. All parties receive a successful ‘completion’ score for their challenge history.
8.13 If a party to a challenge does not report the result, and the challenge winnings are paid to another member based on their report of the result, the transfer of funds is final. Any attempt to report after the end of the reporting period will not be accepted and will be null and void.

9. Terms applicable to all challenges
9.1.Cancellation, Suspension and breach.
9.1.1.Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Website, suspend or terminate your account or cancel any unmatched challenges in our absolute discretion if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Website; (ii) we suspect you are breaching any term of this agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, Insolvency Service or taxation authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures we may suspend your account and all functionality relating to the use of your accounts pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary \'know your client\' information.
9.1.2. If any customer has three current ”Disputed Challenges”, their account will be terminated and all monies currently in their account refunded. All current challenges, matched and unmatched will be cancelled and all stakes returned in full to all parties.
9.1.2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these terms and conditions, we may decide to cancel and void any unmatched or matched challenges at our absolute discretion where (i) there is a technological failure, or (ii) you or another customer with whom you have challenged have (or may have) breached any terms and conditions in this agreement.
9.2. Applicable thresholds: Minimum and maximum amounts.
9.2.1. You may only place individual challenges up to your Sharkwaters Max limit.
9.2.2. You may not match any challenge that results in your stake exceeding the lesser of: (i) your Max, (ii) your Available to Challenge balance in your account.
9.2.3. In the event that we inadvertently process an offer for a challenge or the acceptance of a challenge in an amount outside the applicable thresholds, such challenge will not be accepted and will be regarded as null and void. When discover of this inadvertent processing is made, all funds committed to such a challenge will be refunded in full to all parties.
9.3. Nature of challenges.
9.3.1. If using Sharkwaters for money challenges, or paying for coaching, you accept that you consider yourself to be adequately informed of your possible exposure by the details given in your account and the challenge details (if you are in any doubt about this, you should consult with the relevant Help pages before proceeding).
9.3.2. You accept that any amounts lost by you under any challenge with another Member are transferred to that Member and will not under any circumstances be recoverable from the Company.



10. Commission and charges
10.1. Challenges
10.1.1. We provide you with a platform which brings customers together who wish to compete and challenge with each other, for no money or for money, in consideration of which we will be paid a commission of $0.15 on the first $2 staked in each money challenge, and 5% on monies beyond $2 from each player at the time they fund their challenge.
10.1.2. We calculate the amount of commission you owe us at the time of funding the challenge and withdraw these monies from your funds available in the Sharkwaters Account. Only after these funds have been fully deducted from your Account will your obligation to pay us this amount be discharged.
10.2. Coaching
10.2.1. Sharkwaters also provides a platform which brings customers together to give or receive coaching in video games play.
10.2.2. Sharkwaters charges for the right to appear as a Coach on the Sharkwaters site. To be listed as a coach costs $29.99.
10.2.3 Members may pay Coaches for coaching sessions. Sharkwaters levies a commission on these payments of $0.15 on the first $2 of each coaching payment made, and 5% on payments beyond $2 from a Member each time they pay for coaching.
10.3. Sharkwaters will levy a charge of $1.50 for every withdrawal. This charge is designed to cover payment processing charges, especially charges from payment partners. Sharkwaters makes no charge for deposits.
10.4. It is solely your responsibility to account for any tax or duty imposed on you as a result of placing challenges through the Website.

11. Indemnity and Limitation of Liability
11.1. Indemnity.
11.1.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.
11.1.2. You acknowledge that the Company and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
11.2. Matters beyond our reasonable control.
11.2.1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
11.2.2. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Services, impede the posting of challenges or the matching of challenges, or prevent you from receiving or providing coaching or prevent you from being able to contact us.
11.2.3. We are not liable for the posting, matching or settlement of any challenges where we do not receive communication of that posting or matching, or have not received a valid report on the outcome, or where we are unable to display that challenge in the \'My account\' pages of our Website or we have not received your instruction to cancel a posted challenge or, for any reason, we fail to process any instruction in good time.
11.2.4. We rely solely on the reports of the parties to a challenge as to its outcome. Sharkwaters will pay winnings based solely on these reports. Sharkwaters will make no enquiries into the outcome of any challenge.
11.2.5. We will not be liable for any failure to perform by a third party to our agreement. In particular, we reserve the right to declare null and void any challenges that may not be able to be settled because of non-performance by a third party.
11.2.6. If (a) there is a technical failure of the Sharkwaters.com Service which causes, as a result, a challenge to be uncompleted, and (b) it is determined by us with certainty that the responsibility for the failure lies completely within our control, then, after examining the cause of the malfunction, Sharkwaters.com will refund your Account with all funds, including any commission, committed to that particular challenge We do not have any liability to pay winnings which may potentially have been won in any uncompleted challenge.
11.3. Limitation of liability.
11.3.1. We exclude all representations and warranties as to the Website\'s satisfactory quality and/or fitness for its intended purpose.
11.3.2. We will not be liable to you for any loss that you may incur as a result of misuse of your password, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
11.3.3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing challenges or matching challenges or otherwise by your use of the Website, this agreement or our services. Under no circumstances will our liability under these terms and conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any challenge arising from breach of contract, negligence, equitable duty or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
11.3.4. Nothing in these terms and conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
11.3.5 Disclaimer and Release.
Sharkwaters.com has no control over or responsibility for the truth or accuracy of any material available on the Sharkwaters.com Service provided by Members or other third parties.
- If any third party sites are linked to from the Sharkwaters.com Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Sharkwaters.com Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Sharkwaters.com Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Sharkwaters.com its directors, contractors and employees from all liability arising out of or in connection with the Sharkwaters.com Service and the material included here by Members and other third parties.
11.4. Intellectual property.
11.4.1 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Sharkwaters.com Service, other than material which is contributed by Members, are owned by Sharkwaters.com. No-one may copy, distribute, show in public or create any derivative work from the Sharkwaters.com Service, or any of the material which is found on the Sharkwaters.com Service, unless properly licensed to do so by (a) us, and (b) where material contributed by one or more Members is concerned, by the Member(s) in question.
By submitting any material to the Sharkwaters.com Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through the Sharkwaters.com Service in accordance with this Agreement; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
11.4.2. www.sharkwaters.com is the uniform resource locator (\'URL\') of our Company and no unauthorised use may be made of this URL on another website or digital platform without our prior written consent.
11.4.3. Your registration and use of our Website confers no rights whatsoever to the intellectual property contained in our Website. You agree not to use any automatic or manual device to monitor or copy our web pages or any content therein. Any unauthorised use or reproduction may be prosecuted.
11.4.4. Any data or information with respect to any events is provided for use on the Website only and may not be used for any commercial purposes without the consent of Sharkwaters. Other data displayed on the Website relating to events may also be subject to third party rights and may not be used by you for any commercial purpose.
11.4.5. You grant Sharkwaters an irrevocable, perpetual license to all challenge postings, forum postings, challenge invitations or other communications by you to use or reproduce for any purpose whatsoever.

12. Dispute resolution
12.1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
12.2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance or, if appropriate, the Independent Challenge Arbitration Service may be called upon to adjudicate.

13. General
13.1. This agreement is governed by the laws of England and Wales.
13.2. The Contracts (Rights of Third Parties) Act does not apply to these terms and conditions.
13.3. These Terms and Conditions may be prepared in various languages other than English for reference only. In the event of any differences between the English version of the Terms and Conditions and any other language version, the English version shall prevail.
13.7. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Sharkwaters.com assign or dispose of this Agreement.
13.8.This agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
13.5. No failure or delay by a party to exercise any of its rights under this agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
13.6.Assignment.
You may not assign any part of this agreement but Sharkwaters may assign this agreement to its subsidiaries without notice to you.
13.7 Excluded loss.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Sharkwaters.com will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
13.8 Maximum liability.
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Sharkwaters.com under this Agreement (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) $15, or (b) an amount equal to the sums you have paid into your Account during the relevant period of twelve months less any losses incurred during this period, regardless of the cause or form of action.
13.9 Non-excluded Liabilities. Nothing in this Agreement limits Sharkwaters.com\'s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
13.10 Entire Agreement. This Agreement contains the whole of the agreement between us and you concerning the Sharkwaters.com Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
13.11 Changes to this Agreement. Sharkwaters.com reserves the right to change this Agreement from time to time, and post the new version on the Sharkwaters.com Service. When we do so, we will notify you of the fact that there are changed terms on the main screen, and the new version of these terms and conditions will take effect, and will govern all Sharkwaters.com Services and your relationship with Sharkwaters.com:
- commencing four weeks after the date of posting (or such later date as Sharkwaters.com indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Sharkwaters.com Service; or
- immediately upon the date of posting (or such later date as Sharkwaters.com indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Sharkwaters.com’s addresses or email addresses referred to in this Agreement.

14.Bonus and Free Cash Promotion Terms
Anybody using the $1 deposit to open an account and then uses a bonus cash code to fill that account, may not withdraw that bonus cash or any winnings, until they have completed challenges equal to 4 times the amount of bonus cash received. For example: you received $10 of cash, have completed $22 worth of challenges and have an account balance of $16, you may not withdraw this cash until you complete a further $18 of challenges.
14.1 If you have funded your account with a deposit greater than $1, the bonus cash, which is the last cash in your account, may not be withdrawn before you complete 4x this amount in challenges. You may however withdraw your winnings as it is assumed you used your funds to obtain these winnings.
14.2 Any account that has not used its bonus cash within a period of six week after receiving that cash may have this cash withdrawn at our discretion. Account holders are welcome to ask for this money back should they return to the site.
14.3 Only one account per household or paypal account. Anybody violating this rule will have all their funds withdrawn to Sharkwaters ltd and their accounts brought to a zero balance.

15.Breach of this agreement
Without limiting our other remedies, we may suspend or terminate your account and refuse to continue to provide you with our services, in either case without giving you prior notice, if you breach any term of this agreement or we believe that your actions may result in legal liability for you, for the Company or for third parties.

16. Anti Money Laundering Provisions
Any player accumulating $5000 of cumulative winnings over a six month period will be asked to provide proof of address and a valid driver\'s license or passport scan.

Communications and notices to be given under this agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the \'Contact us\' pages (accessible on the Website).


© 2005 Sharkwaters Limited. All rights reserved.