BY CHECKING THE "I ACCEPT" BOX AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.

This document was last updated on June 28, 2010.

1. YOUR ACCEPTENCE OF OUR TERMS OF USE AND CONDITIONS

Velvetdeck.com (“Velvet Deck”) welcomes you and we are excited to have you part of our social community. Velvet Deck provides its website, services and software (“SERVICES”) to you subject to the following terms of use and conditions (“Terms”).

These Terms and Conditions are a legally binding agreement that govern your use of Velvetdeck.com and/or the games and applications offered by Velvet Deck. By using the SERVICES you signify your agreement with these Terms. If you do not agree to all the Terms in this agreement, you may not use the Velvet Deck SERVICES.

Velvet Deck provides the tournament sweepstakes to any person (“you” or “your”) who completes the registration process to become a member of the SERVICES and is accepted by Velvet Deck to become a member on the following terms, which may be updated by Velvet Deck from time to time without notice to you.

Gambling means you put something at risk (consideration) to play a game (like poker) for a prize (like money). Velvet Deck is not a gambling site because you join the “club” to get benefits like discounts on goods and services and the opportunity to purchase prizes. The tournaments are part of the club promotion. Velvet Deck operations within the “sweepstakes” rules where they are legal and excludes people from joining who live in those states and countries where they are not. To better grasp the concept, think of network television shows or other promotions that offer sweepstakes and you the idea behind Velvet Deck.

2. DESCRIPTION OF SERVICES

SERVICES include internet games, tournaments, leader boards and other website content. You understand and agree that the SERVICES may include advertisements and that these advertisements are necessary for Velvet Deck to provide the SERVICES. You also understand and agree that SERVICES may include communications from Velvet Deck such as administrative announcements, newsletters, and service announcements. Unless explicitly stated otherwise, any new feature or service that enhance, augment, or otherwise change SERVICES shall be subject to the Terms. You understand and agree that the SERVICES are provided “AS-IS” and that Velvet Deck assumes no responsibility for the timeliness, deletion or failure to deliver or failure to store any user communications or personal settings. You understand and agree that our SERVICES require you to become a member to Velvet Deck (“MEMBER”) and such membership requires further terms and conditions, described herein. Membership is free.

We may award prizes to MEMBERS participating in our SERVICES. There is no purchase necessary to play or win a prize. Further, you understand and agree that participation in programs, services or purchase from any of our sponsors, advertisers or affiliates will not improve your chances of winning. U.S. law and local laws as applicable in each jurisdiction govern this aspect of our SERVICES. SERVICES are strictly for entertainment purposes and may not be used in connection with any form of gambling.

3. GENERAL PROVISIONS

3.1 JURISDICTION

Velvet Deck is controlled and operated from its U.S. office in Nevada. We make no representation that Velvet Deck SERVICES are appropriate or available for use in any particular location. Those who choose to access the Velvet Deck SERVICES do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These TERMS shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Clark County, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

3.2 SEVERABILITY

If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from Terms and shall not affect the validity and enforceability of any remaining provisions.

3.3 AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of use at any time.

3.4 TERMINATION

These Terms of Use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Velvet Deck SERV ICES. We may immediately terminate these Terms of Use with respect to you (including your access to the Velvet Deck SERVICES) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Velvet Deck SERVICES.

3.5 RESTRICTIONS ON USE OF MATERIALS

All materials contained in the Velvet Deck SERVICES are the copyrighted property of Velvet Deck or its parent, subsidiary or affiliated companies, licensees and/or third-party licensors. All trademarks, service marks and trade names are proprietary to Velvet Deck or its parent, subsidiary or affiliated companies, licensees and /or third party licensors. No material from the Velvet Deck SERVICES may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

3.6 CONTENT LINKED TO THE VELVET DECK WEBSITE

You should be aware that when you are on the Velvet Deck website, you could be directed to other sites that are beyond our control. There are links to other sites from Velvet Deck pages that take you outside of our service. For example, if you click on a banner advertisement, the click may take you off the Velvet Deck website. You acknowledge that when you click on a link that leaves the Velvet Deck website the site you will land on is not controlled by us and different terms of use and privacy policy may apply and you acknowledge that Velvet Deck is not responsible for those sites. We are under no obligation to disable links from third-party websites. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to the Velvet Deck website.

3.7 DISCLAIMER

THE MATERIALS IN THE VELVET DECK SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VELVET DECK SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found within the Velvet Deck SERVICES. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Velvet Deck website or third-party content on our site. We do not endorse any of the merchandise or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

3.8 INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name, password and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold Velvet Deck and its affiliates and officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "INDEMNIFIED PARTIES") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the INDEMNIFIED PARTIES in connection with any claim arising out of any breach by you of these Terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

3.9 LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE VELVET DECK SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN.

4. ELIGIBILITY AND YOUR OBLIGATIONS

4.1 SERVICES may only be used by Velvet Deck MEMBERS.

4.2 You may register and become a Velvet Deck MEMBER by clicking on the applicable link at www.Velvet Deck.com and follow the instructions. You may participate in some aspects of our SERVICES by providing a limited amount of information including your email address, postal code, birth date and gender and to select an account name and password. In order to participate in SERVICES associated with winning a prize, you must provide additional information including your name and address. If you are a U.S. Resident and, during the course of a calendar year, win prizes valued at more than $599, you will be required to provide to us your U.S. income tax identification number via a secure means.

4.3 A MEMBER must be eighteen (18) years of age or older

4.4 Employees or agents of Velvet Deck and its respective parent companies, affiliates, subsidiaries, advertising or promotional agencies and any entity directly connected to the development, implementation or marketing of the SERVICES, and the members of their immediate families (spouse, parents, children or siblings) or those persons living in the same household of such individuals are not eligible to become a MEMBER or to win prizes.

4.5 Participation in SERVICES constitutes MEMBER’s full and unconditional agreement to these Terms.

4.6 One (1) membership per person is allowed.

4.7 Use of automated systems (e.g. robots) is prohibited.

4.8 It is the MEMBER’s responsibility to notify Velvet Deck if his/her email address changes. An MEMBER’s email address may be changed by notifying Velvet Deck through the Contact Us section of the website.

4.9 MEMBERS are responsible for maintaining the confidentiality of their password and account and are fully responsible for all activities that occur under your password or account. You agree that you will ensure that you logout from your account at the end of each session.

4.10 You understand that Velvet Deck does not control communication to you from other MEMBERS via our SERVICES and, as such, does not guarantee the accuracy, integrity or quality of such communication. You understand that by using SERVICES you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Velvet Deck be liable in any way for any content contained within MEMBER-to-MEMBER communication.

4.11 You agree not to use SERVICES to communicate to other MEMBERS in any manner that is threatening, harmful, unlawful, abusive, harassing, defamatory, vulgar, libelous or obscene, or that impersonates any person or entity including, but not limited to, a Velvet Deck official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity. You further agree not to use SERVICES to communicate to other MEMBERS in any way that makes available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation. You further agree not to use SERVICES to communicate to other MEMBERS in a manner that disrupts the normal flow of communication or otherwise act in a manner that negatively affects other MEMBERS ability to engage in real time exchanges. You acknowledge that Velvet Deck may or may not pre-screen communications via its SERVICES, but that Velvet Deck and its designees shall have the right, but not the obligation, in their sole discretion to prescreen or refuse any communication available via the SERVICES.

4.12 You understand and agree that Velvet Deck may access, preserve and disclose your account information and activity if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to your requests for customer service or protect the rights, property or personal safety of Velvet Deck employees, MEMBERS or the public.

4.13 Failure to comply with these Terms will void the MEMBER’s membership with Velvet Deck and will further render that person ineligible to receive any prize.

5. GAME PLAY

Our games follow generally accepted game and tournament rules and are further described on the Velvet Deck web site.

6. SOFTWARE

Please read and agree to these Software Agreement terms and conditions before using the game software on the Velvet Deck website. Use of the Velvet Deck software signifies your agreement with these terms and conditions.

7. FRAUDULENT ACTIVITIES AND SYSTEM ERRORS

Velvet Deck has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Velvet Deck’s sole determination, you are found to have cheated or attempted to defraud Velvet Deck or any Velvet Deck MEMBER in any way, including but not limited to game manipulation and collusion, Velvet Deck reserves the rights to suspend and/or terminate your MEMBERSHIP.

You must inform us as soon as possible by e-mail at support@velvetdeck.com, as you become aware of any errors with respect to your account or any calculations with respect to our SERVICES. In the event of any system failure or game error, Velvet Deck will seek to place all parties in the position they were in before the error occurred. Velvet Deck reserves the right to declare null and void any SERVICES including, but not limited to game and tournament outcome, due to system failure.

Velvet Deck reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as associated costs, damages and expense in making such a recovery.

If there is a discrepancy between the result showing on SOFTWARE (as operating on your hardware) and our server, the result showing on our server shall govern the result of the SERVICE. Moreover, you understand and agree that Velvet Deck records shall be the final authority in determining the terms of your participation in SERVICE, the activity resulting there from and the circumstances in which they occurred. Velvet Deck will not be liable for any alleged winnings that are, in Velvet Deck’s sole discretion, the result of a system error or malfunction.

8. POTENTIAL WINNERS

8.1 Verification. All potential winners are subject to verification by Velvet Deck, whose decisions are final. Velvet Deck shall solely determine any form of verification. A MEMBER is not a winner of any prize unless and until MEMBER’s eligibility and the potential winning criteria has been verified and the entrant has been notified that verification is complete. Velvet Deck will not accept screen shots, affidavits or other evidence of winning in lieu of its validation process.

8.2 "Prize Notice" via Email or Mail. Winners will be notified via email sent within approximately one week following the end of the week where MEMBER has won a prize. MEMBERS are responsible for insuring that all mailing and email information is up-to-date and accurate. If prize information is not up to date after ten (10) days past receipt of the prize notice, Velvet Deck is not obliged to fulfill the prize.

8.3 Prize Delivery. If you are a winner of a Velvet Deck prize, the prize may be mailed to you at the address you gave to us when becoming a MEMBER, or subsequently updated by you. Velvet Deck may use this address that you specified to verify your identity or other information you have given us. You acknowledge and agree to provide to us, and maintain with us, an accurate mailing address. If you fail to maintain an accurate mailing address prior to winning a prize, Velvet Deck is not obliged to fulfill the prize.

8.4 Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner may be selected if (i) he/she does not comply with these Terms or is otherwise determined to be ineligible, (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Velvet Deck notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Velvet Deck shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize.

8.5 Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice.

8.6 Release. By participating in this Promotion or receiving a prize, MEMBERS (and in particular, winners) agree to release and to indemnify and hold harmless Velvet Deck and its related companies, and all of its company's officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to MEMBER or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in the Velvet Deck SERVICE (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).

8.7 Publicity. Except where prohibited, acceptance of a prize constitutes winner's consent to Velvet Deck and its agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.

8.8 Prizes and cash awards are subject to Velvetdeck.com meeting or exceeding its monthly metrics and goals.

9.9 We reserve the right to amend or terminate our monthly prizes and cash awards as we deem appropriate and necessary.

9. ADULT MODEL CONTEST

In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Velvet Deck, legal representatives and assigns, those for whom Velvet Deck is acting, and those acting with Velvet Deck’s authority and permission:

9.1 The Monthly Velvet Girl Contest will begin on the first of each month and end on the last day of each month at 11:59pm Eastern Standard Time (EST). 

9.2 Immediately before the Velvet Girl Contest begins, each competitors votes will be reset to zero.

9.3. The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.

9.4 Permit the use of any printed material in connection therewith.

9.5 Relinquishment of any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

9.6 Release, discharge and agree to save harmless Velvet Deck, legal representatives or assigns, and all persons functioning under Velvet Deck’s permission or authority, or those for whom Velvet Deck is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

9.7 Affirmation that you, the participant is over 18 years of age and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.

9.8 By participating, contestants agree to these Official Rules and the decisions of the contest administrator, which shall be final and binding in all respects.

9.9 A Velvet Girl contestant can only win ONCE per calendar year.

10. CURRENCIES/GOODS - PURCHASE TERMS

 10.1 Purchases of subscriptions and any other virtual currency or virtual items sold on our site are purchases of a limited non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Velvet Deck’s sole and absolute discretion, or if Velvet Deck discontinues providing the Services. The license term for the subscription typically is the term of such applicable subscription period, however, subscriptions may be offered in a variety of forms, including delivery of a set amount of virtual currency or number of virtual items during given periods or certain play for a given period.

10.2 You agree that all purchases of virtual currency or virtual items sold on our site are final. No refunds will be given, except in our sole and absolute discretion. You agree that virtual currency or other virtual items will be forfeited if your account is terminated for any reason, in Velvet Deck’s sole and absolute discretion, or if Velvet Deck discontinues providing the services on the site. You agree that the purchase of virtual currency or virtual items sold on the site is the purchase of a limited license to a subscription service and that you have no property interest in the virtual currency or virtual items.

10.3 YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.

In Case of Billing Error: If you were charged for items you did not purchase, or you did not receive the items you purchased, or if you were charged an incorrect amount, you may request a refund or correction by submitting an e-mail to support@velvetdeck.com.

10.4 The SERVICES may include a virtual, in-game currency (“Virtual Currency” or “Tokens”) including, but not limited to coins, cash, or points, that may be purchased from Velvet Deck for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods” or “Tokens”) that may be purchased from Velvet Deck for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Velvet Deck or any other party.

10.5 Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the SERVICES, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the SERVICES, or any other attributes associated with use of the SERVICES or stored within the SERVICE.

10.6 Velvet Deck has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Velvet Deck shall have no liability to you or anyone for the exercise of such rights.

10.7 Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the SERVICES. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Velvet Deck Service and possible legal action.

10.8 You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Velvet Deck's sole and absolute discretion, or if Velvet Deck discontinues providing the Service.

11. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Velvet Deck respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Velvet Deck. Please see Velvet Deck’s Privacy Policy at www.Velvet Deck.com for more information on the collection and use of your information.

You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Velvet Deck collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Velvet Deck's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to support@velvetdeck.com.

12. DISPUTE WITH OTHERS

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other MEMBERS of the SERVICES. If you have a dispute with other MEMBERS, you release Velvet Deck and hereby agree to indemnify Velvet Deck from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

13. MISCELLANEOUS

13.1 Velvet Deck operates and controls the Service from its offices in the United States. Velvet Deck makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Velvet Deck to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

13.2 These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Velvet Deck or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Velvet Deck if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you.

13.3 You may not assign these Terms without Velvet Deck's prior written consent. These Terms contain the entire understanding of you and Velvet Deck, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the SERVICES by Velvet Deck.

13.4 If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13.5 Upon Velvet Deck's request, you will furnish Velvet Deck any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Velvet Deck by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

14. STATUE OF LIMITATIONS

You and Velvet Deck both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

15. COMPLAINTS OR NOTICES

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Velvet Deck's Designated Agent listed below.

For your notice to be effective, it must include the following information:

i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) A description of the copyrighted work that you claim has been infringed upon;

iii) A description of where the material that you claim is infringing is located on this game;

iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

vii) Velvet Deck's Designated Agent is:

Velvet Deck, Inc.
Attn: Intellectual Property Agent
5795 S Sandhill Road, Suite F
Las Vegas, Nevada 89120

16. GOVERNING LAW/WAIVER OF INJUNCTIVE RELIEF

16.1 This Agreement and all aspects of the SERVICES shall be governed by and construed in accordance with the internal laws of the United States and the State of Nevada governing contracts entered into and to be fully performed in Nevada (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Clark County, Nevada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Clark County, Nevada.

16.2 You acknowledge that the rights granted and obligations made hereunder to Velvet Deck are of a unique and irreplaceable nature, the loss of which shall irreparably harm Velvet Deck and which cannot be replaced by monetary damages alone so that Velvet Deck shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

16.3 Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Velvet Deck agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Velvet Deck, 5795 S Sandhill Road, Suite F, Las Vegas, NV 89120, ATTENTION: LEGAL DEPARTMENT.

16.4 Binding Arbitration. If you and Velvet Deck are unable to resolve a Dispute through informal negotiations, either you or Velvet Deck may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Velvet Deck will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Velvet Deck may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

16.5 Restrictions. You and Velvet Deck agree that any arbitration shall be limited to the Dispute between Velvet Deck and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

16.6 Exceptions to Informal Negotiations and Arbitration. You and Velvet Deck agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Velvet Deck’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

17. REFERRALS

17.1 If you are a Velvet Deck MEMBER and you refer a "valid person" (as defined below) to Velvet Deck through Velvet Deck’s referral process, and that person becomes a paying MEMBER of the PLAYER’S CLUB and remains a paying member for three consecutive months, you will receive ten percent (10%) commission of the total dollars that paying member spent during that time-frame as well as subsequent months, as long as your account and their account remains active and “valid” as expressed below in these terms.

17.2 A "valid person" must be a new customer (and unique to Velvet Deck), over the age of 18 that registers for VELVETDECK.COM and:

i. Is not registered under any other name or alias
ii. Submits a valid email address
iii. Submits their legal First and Last Name
iv. Submits a complete valid mailing address
v. Accepts the VELVETDECK.COM Terms & Conditions and
vi. Meets all other qualifications to be a Velvet Deck Players Club member and to play on the Velvet Deck site as set forth in these terms and conditions, as they may be modified from time to time.

17.3 Velvet Deck reserves the right to determine in its sole discretion whether a customer is a "valid person".

17.4 By entering a referral e-mail address, you hereby authorize Velvet Deck to use your name to extend an invitation to the user of that e-mail address to join Velvet Deck.

17.5 Marketing Activities and Responsibilities. You will, at your own cost and expense, market to and refer potential MEMBERS to the Website. You will be solely responsible for the content and manner of your marketing activities. However, you agree that all marketing activities must be professional, proper and lawful under applicable rules or laws.

17.6 Unauthorized Marketing Activities. You represent and warrant that you will not place promotional materials including but not limited to Widgets, Banner Ads or Text Links related to us on any website, or use any media or medium, which contains materials that:

i. infringe any intellectual property rights (including but not limited to trademark rights);
ii. promote discrimination based on national origin, race, gender, religion, disability, sexual orientation or age;
iii. are libelous, obscene, or unlawful;
iv. are sexually explicit, pornographic, obscene, hateful or violent; or
v. are otherwise considered inappropriate at our sole discretion.

17.7 In your marketing activities related to the Velvet Deck website, you will not target any persons who are less than 18 years of age, regardless of the age of majority in the location where you are marketing. You will not suggest or imply in any way, shape or manner that any Bonus Incentives offered by us are exclusive to you. You will not utilize Prohibited Software or operate sites that offer or promote programs that use what we deem to be Prohibited Software. You will not use Spam, Unsolicited Promotions, Adware, Spyware or Prohibited Software in any marketing activities related in any way, shape or manner to the Website.

17.8 In the event that a person injured by your marketing activities seeks compensation from us, expenses we incur in connection with your conduct, including but not limited to litigation costs and attorneys’ fees, shall be deducted from referral commissions you have earned and you may be subject to legal action to compensate Velvet Deck for costs exceeding the withholding of your referral commissions. You will not earn referral commissions on traffic generated by unlawful or improper means. In the event that you violate this provision, you will forfeit all referral commissions that you have earned and we reserve the right to terminate this agreement.

17.9 Payment of referral commissions are as follows:

i. Time and Minimum Amount of Payment. Referral commissions will be paid and sent out to you within fifteen (15) days of the close of each calendar month, except that, if the total amount due is less than USD $25, the balance will be carried over and added to the next month's referral commissions until the total amount is more than USD $25. In the event, the balance amount carried over does not total USD $25 within a consecutive three (3) month period, then the amount due will be voided and cancelled, and we may terminate this agreement.
ii. Holdover for Fraud Traffic. In the event of any activity deemed suspicious by us, in your Account or in multiple Accounts, then we may delay payment of the referral commissions to you for up to one hundred and eighty (180) days to verify the relevant transactions. In the event that we determine the activity to constitute Fraud Traffic, we shall be entitled to terminate this Agreement and to recalculate or withhold your referral commissions accordingly and in our sole discretion.
iii. Method of Payment. All payments will be due and payable in United States Dollars only. Payment will be credited to your referral account. At our sole discretion, and as we deem appropriate, we may accommodate other methods of payment. Any charges incurred for other methods of payment will be covered by you and deducted from your referral commission.
iv. MEMBER Tracking. You understand and agree that potential MEMBERS must link through a Tracking Code or enter a Referral Code when they sign up in order for you to receive referral commissions in relation to such potential MEMBERS. In no event are we liable for your failure to use the right Trackers, for potential MEMBERS failure to properly enter Referral Codes, or for system malfunctions that cause Trackers, Referral Codes or hyperlinks to be deleted, corrupted or unusable.
v. Disputes. Deposit of payment, acceptance of payment transfer or acceptance of other payment by you will be deemed full and final settlement of referral commissions due for the month indicated. Hence, if you disagree with the reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be in writing and be received within thirty (30) days of the end of each month for which payment is made, or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard.
vi. MEMBER Verification. Referral commissions in relation to new MEMBERS will be dispatched only following our verification and investigations concerning all new MEMBERS.

17.10 We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus, and of referral program rules.

17.11 Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.

18. WAIVER

18.1 The failure of Velvet Deck to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Velvet Deck's right to assert or rely upon any such provision or right in that or any other instance.

18.2 You and Velvet Deck agree that if any portion of these Terms, except any portion of section 16.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 16.5 is found to be illegal or unenforceable then neither you nor Velvet Deck will elect to arbitrate any Dispute falling within that portion of Section 16.5 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Clark, State of Nevada, United States of America, and you and Velvet Deck agree to submit to the personal jurisdiction of that court.

Most images appearing on Velvetdeck.com are submitted by our users who are prohibited from uploading images unless they are the lawful copyright owner. Other images may be obtained from third party sources only when doing so constitutes fair use under Section 107 of the U.S. Copyright Act;17 U.S.C. § 107. As such, Velvet Deck’s use of images is generally protected under the safe-harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).

If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly comply with any takedown demand as long as the demand meets the requirements of the DMCA.

At a minimum, any removal request is required to include at least the following things:

(1) Your name, address, telephone number, and e-mail address;

(2) A description of the copyrighted work that you claim has been infringed;

(3) The exact URL or web address where the alleged infringing material is located.

(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).

Please email your DMCA removal request to: SUPPORT@VELVETDECK.COM or you may fax it to: (800) 914-1963. Requests may take up to 72 hours to process and review, so please be patient.