THESE TERMS AND CONDITIONS (“Terms and Conditions”) APPLY TO OUR RELATIONSHIP WITH YOU IN RESPECT OF ANY INTERACTION THAT YOU MAY HAVE WITH US RELATING TO THIS WEBSITE, ANY ASSOCIATED WEBSITES AND OUR BUSINESS (“Participation”). WE MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS FROM TIME- TO- TIME AND THESE CHANGES ARE PROVIDED FOR AND REGULATED HEREUNDER.

For the purposes of hereof, “Pikum”, “we”, “us” means PWL Alderney Ltd, a company incorporating and operating in Alderney, and any subsidiary, parent or holding company of PWL Alderney Ltd; “Player(s)”, “you” means you, the user of the Pikum! website in any capacity whatever; and “Pikum! website” means the website found at www.pikum.com and any associated website.

1. Participation; Opening an Account; Your Warranties

1. You may only participate at Pikum! if (a) you have completed an account registration process and your account has been approved by us; (b) you are not in breach of any warranty and representation made by you hereunder; and (c) you are not in breach of any of these Terms and Conditions.
2. Participation at Pikum! is at your sole option, discretion and risk.
3. You are solely responsible for ascertaining whether it is legal for you to participate at Pikum!. If it is not legal for you to do so, whether for real money or free money, do not participate, and do not use the Pikum! Website.
4. You may only participate at Pikum! if you are 18 years of age or older.
5. We do not warrant the legality of your participation at Pikum! in terms of the laws of the jurisdiction in which you work, reside or are domiciled (“Your Jurisdiction”).
6. We have the right, at any time, to request you to furnish us with proof of your identity and/ or age as a condition precedent to us allowing you to participate (or continue to participate) at Pikum!.
7. You hereby irrevocably authorize us and our designated agents, as and when we deem fit, to confirm your identity and your right to use the monies that you utilise in any manner at Pikum!.

You hereby warrant and represent (and we enter into this relationship with you on the basis of such warranties and representations, all of which are material at the time of your first contact with Pikum and throughout the currency of your relationship with us) that you:

1. in terms of the laws of Your Jurisdiction, are legally able to participate at Pikum!; and
2. are 18 years of age or older; and
3. shall not permit any third party (in particular, without limitation, (a) minor(s)) to, directly or indirectly, use your accounts at Pikum!, utilise our services or accept a prize or monies from us; and
4. you have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately in writing should such details change; and
5. are the true and lawful owner of the monies that you use or shall use at Pikum! and/ or that you are duly authorised to utilise such monies for the aforementioned purposes; and
6. shall not utilise any monies at Pikum! that are derived in any manner whatever from illegal activities; and
7. shall pay all monies owed by you to Pikum! and in respect of any payment made by you to us, shall not charge- back, deny, reverse or countermand any such payments; and
8. you have read, understood and agree to be bound by these Terms and Conditions.

Please see our Opening an Account Policy by clicking here.

2. Accounts (Suspension, Multiple Accounts, Closure etc)

We may refuse to register your account at Pikum! or elect to deregister and exclude or suspend you from Pikum! at any time and for any reason whatever. You hereby acknowledge and agree that we shall not be obliged to give you prior notice of our decision and action nor to furnish you with any reasons therefore.

Without derogating from the generality of the aforegoing,:

1. if we have any reason to suspect that you are a minor your account may be suspended pending investigation thereof by us. If you are a minor, your account will be closed, your membership of Pikum! terminated and all entry stakes committed by you shall be voided and returned.
2. you are prohibited from holding more than one (1) Pikum! Account. If you have more than one (1) Pikum! Account or Accounts in different names, you are obliged to contact Pikum! immediately to have your Accounts managed so that you ultimately only have one (1) Account. Pikum! reserves the right to close your Account(s) if you open multiple Accounts. Should Pikum! (in its sole estimation) have grounds to believe that multiple Accounts have been opened with the intention to defraud the company, Pikum! may (but shall not be obliged to) cancel any transaction related to such (attempted) fraudulent conduct.

If we deregister or exclude or suspend you from Pikum! we shall have the right to:

1. withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, winnings or the like; and/ or
2. exclude you from Pikum! and any other products or services that we may offer from time- to- time; and/ or
3. solely determine what criteria you shall have to meet in order to establish a new account at Pikum!.

You may close your Pikum! account at any time subject to any account closure rules that we may impose from time- to- time. Please see our Closing an Account Policy by clicking here.

No interest shall accrue on positive Account balances.

3. Inactive Accounts

This policy only applies to real money players.

If you do not access your Pikum! Account by logging into the same using your Pikum! User name and password and either (i) enter a real money Pikum on the Pikum! website, or (ii) host a real money Pikum, as applicable, for any consecutive period of five (5) years, your Pikum! Account will be deemed 'Inactive'.

Once your Pikum! Account has been deemed Inactive, Pikum! will make reasonable attempts to locate you as the owner of the account but if we are unsuccessful, the funds will be removed from your Account and the Account will be locked. Such funds shall be forfeited to a charity of Pikum’s choice.

4. Employee Ineligibility

If you are an officer, director, employee or agent of Pikum! or one of its subsidiary parent or associated companies, suppliers or vendors (collectively, “Excluded Parties”), you are not permitted to register for a real-play Pikum! Account or to (directly or indirectly) use any of the Pikum! Services.

Similarly, relatives of Excluded Parties are not permitted to register with Pikum! or to use directly or indirectly any of the Pikum! Services. For these purposes, the term “relative” shall include (but not be limited to) a spouse, partner, parent, child or sibling.

5. Deposits

See our Deposit & Withdrawal Policy by clicking here.

6. Withdrawals

See our Deposit & Withdrawal Policy by clicking here.

7. Electronic Payment Service Providers

In order to use the Pikum! services, you will be required to send money to, and may be required to receive money from, Pikum!

Pikum! may use third-party electronic payment processors and/or financial institutions to process such financial transactions. You irrevocably authorise Pikum!, in your name to instruct such processors to handle Account deposits and withdrawals from your account and irrevocably agree that Pikum! may give such instructions on your behalf in accordance with your requests, or as consequence of your Pikum! activity or status.

You agree to be bound by the terms and conditions of use of each applicable electronic payment processor. In the event of conflict between these Terms and Conditions and the electronic payment processor’s terms and conditions our Terms and Conditions shall prevail.

8. Hosts & Hosting

See our Hosting Rules Policy by clicking here.

9. Editorial

See our Editorial Policy by clicking here.

10. Changing and Cancellation of Piks

See our Changing and Cancellation of Piks Policy by clicking here.

11. Roster Changes

See our Roster Change Policy by clicking here.

12. Event Cancellation/Delay

See our Event Cancellation/Delay Policy by clicking here.

13. Results and Winner Determination

See our Results and Winner determination Policy by clicking here.

14. Promotions/Bonuses

Pikum! may from time- to- time offer complimentary or bonus amounts to be credited by Pikum! into your Account. Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you.

Acceptance of any Bonus shall be in accordance with any additional terms and conditions Pikum! may impose in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer.

Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and you may not remove any cash obtained via a Bonus from your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.

15. Privacy

See our Privacy Policy by clicking here.

16. System Errors

You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any Pikum you have placed.

In the event of any system failure or Pikum error (a divergence from the normal functioning of the Pikum logic for whatever reason) that results in an error in any results calculation, charges, fees, bonuses or payout, (“System Error”) Pikum! will endeavour to place all parties directly affected by such System Error in the position they were in before the System Error occurred.

Pikum! may declare null and void any winnings that were the subject of such System Error and/ or debit your Account to meet the relevant winnings. If there are insufficient funds in your Account Pikum! may demand that you pay us the relevant outstanding amount relating to these winnings and you hereby undertake to pay the same to us upon such demand..

If Pikum! determines that a System Error has been used by you to gain an unfair advantage, Pikum! may lock your Account.

All widgets or other content provided by Pikum! for use on external sites is provided without any warranty. You assume all risk in utilizing such external sites.

17. Policies, Rules and Procedures; Self Exclusion

All policies, rules and procedures situated on the Websites (as the same may exist from time- to- time) in respect of your relationship with us are specifically incorporated into these Terms and Conditions by reference and are deemed to be substantive and material terms hereof.

The aforementioned policies, rules and procedures may be amended by us from time- to- time in our sole and unfettered discretion and shall become binding upon you in the same manner and as if the amendments were effected to these Terms and Conditions.

These policies, rules and procedures include a self exclusion policy. Please see the same by clicking here.

18. Copyright and Trademarks

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights, current or in the future, in all material or content supplied as part of the Pikum! website and the Service shall remain at all times owned by and vested in Pikum! or one of its subsidiaries or associated companies or our licensors.

Further, all other material used by Pikum!, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by Pikum! or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without Pikum!s written permission.

19. Money Laundering

You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.

It is recorded that some jurisdictions in which we operate have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any transactions in which you are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of our Website to facilitate criminal activity.

If we have any knowledge or suspicion envisaged above we may (a) immediately suspend, deregister or terminate your membership of Pikum!; and/ or (b), in our absolute discretion, withhold payment to you of any contested funds of whatever nature whatever and/ or (c) hand such funds over to appropriate law enforcement or gaming authorities.

We reserve the right to report you to the aforementioned federal or local law enforcement or gaming authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.

20. Limitation of Liability; Indemnities etc

The Service are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Services.

We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate at the Pikum! website by methods, means or ways not intended by us.

We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to us.

Although we shall take all reasonable measures to ensure that the Services and files are free from computer viruses we cannot and do not guarantee that the Services and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.

In accordance with the provisions below, we will not be liable to you in any manner whatever as a result of such suspension or delay.

You hereby indemnify and hold harmless us, our directors, officers, employees, shareholders, agents and affiliates, our parent companies and any of its subsidiaries against any and all costs, expenses, liabilities and/ or damages (whether direct, indirect, special, consequential, exemplary or punitive or other) that we may suffer or incur as a result of or arising from any participation by you at, on or through the Pikum! website.

To the fullest extent allowed in law, in no circumstances whatsoever shall we, our directors, officers, employees, shareholders, agents and affiliates, our parent companies and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any costs, expenses, liabilities and/ or damages whatever, however arising from any cause whatever, however suffered or incurred by you, whether direct or indirect, or for any amounts whatever (even where we have been notified by you of the possibility of such loss or damages).

21. General

Amendment

We may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") these Terms and Conditions at any time whatsoever.

These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Pikum! Website.

You agree to regularly review these Terms and Conditions in order to assess whether any Changes have been made.

Severability

If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.

Non-Waiver

No indulgence granted by us to you should be construed as a waiver of any of our rights under these these Terms and Conditions.

Third Parties

Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.

Assignment

We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.

Whole Agreement

Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.

Interpretation

In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine. Whenever we have been granted a right to make an election, render a decision or the like it shall hereby be deemed that such election shall be exercised, decision made or the like in our sole and unfettered discretion.

Alderney Gambling Control Commission

We are regulated by the Alderney Gambling Control Commission and subject to the provisions of the Alderney eGambling Regulations , 2006 (as the same may be amended from time- to- time). You acknowledge and agree that we may be bound (and shall be entitled) to disclose certain information about you and your Account to the Alderney Gambling Control Commission pursuant to applicable law and regulations.Should you have any queries or complaints about us, you may contact the Alderney Gambling Control Commission. See www.gamblingcontrol.org in this regard.

Applicable Law & Jurisdiction

The validity, construction and performance of this Agreement shall be governed by the laws of Alderney and shall be subject to the non-exclusive jurisdiction of the courts of Alderney to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.

Limitation of Actions

You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against us shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.

Last Updated: 24 April 2008