OrangeShark.com is a member based social games site. Our members are the most valuable part of our business. We establish trust in our members by ensuring that all members find OrangeShark.com a fair and unbiased place to play, a place to have, and a site where their personal information is secure and private. The below document describes the Terms and Conditions.
OrangeShark.com Terms and Conditions User Agreement:
The information provided below covers OrangeShark.com's web properties and software(s) (cumulatively herein referred to as “this site” or “the site” or “site” or "our" or “OrangeShark” or “OrangeShark.com”). This Terms and Conditions constitute the entire agreement between you and the Site cannot be modified by you. By registering for an account and/or participating in any activities (activities constitute of any activity on this site, which includes downloading any software, creating an account, participation in challenges and game play) or services offered on this site you the visitor or user on this site (herein referred to as “you” or “users” or “user” or “player” or “players”) are agreeing to these Terms and Conditions. This site and user’s will herein may be referred to as “parties”. |
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User Review and Agreement:
This site may update or modify these Terms and Conditions at any time without prior notice to the users. If at any point, portions of this Terms and Conditions is deemed void or unenforceable, then that portion will be considered removed from this Terms and Conditions and shall not affect the validity and enforceability of the rest of the Terms and Conditions.
It is the user’s responsibility to periodically view these Terms and Conditions for modifications and/or updates. By continued usage of this site, the user agrees to the most up-to-date Terms and Conditions which will be listed on this web page. If the user is in disagreement with any part of this site’s Terms and Conditions, the user is legally required to stop all usage of this site’s account activities, participating in any activities or services offered by this site. |
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Governing Law and Disputing
OrangeShark’s Terms and Conditions will be governed and construed in accordance with the laws of the State of California, USA, irrespective of any principles of conflict of law. By registering for an account and/or participating in any activities or services offered on this site you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resorting to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in the city of San Jose in the State of California, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating or any such action. |
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Privacy Policy
Please review our Privacy
Policy. |
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Player Eligibility
The user agrees that this site may at any time conduct reviews to ensure its users are abiding by eligibility rules. During review’s this site may freeze or deny access to any user’s account and its functions, refunds, deposits, and referrals. This site may require the users to present proof to this site upon its discretion and will except the user(s) to produce a proof for verification of eligibility rules.
USA Citizens and Residents:
All user’s registering for an account and/or participating in any activities or services offered on this site from United States of America must abide and fully agree with the following rules:
- You must be at least 18 years of age.
- You must be a resident or citizen of USA and be located
within USA territories.
- You must have a USA residential address.
- You must be alive and be a natural person.
- You must be the owner of the email address tied with
this site’s account registration.
- You must be the owner of the credit card and/or Paypal
account (www.paypal.com) registered within the account.
- You must not be from an area where site’s such as this is prohibited or restricted by law. This site reserves the right to monitor the location from which you access this site and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted.
- You agree this Site cannot be held liable if laws
applicable to you restrict or prohibit your participation.
Non-USA Players:
All user’s registering for an account and/or participating in any activities or services offered on this site from outside of USA territories must abide with the following rules:
- You must be at least 18 years of age.
- You must have a residential address.
- You must be alive and be a natural person.
- You must be the owner of the email address tied with
this site’s account registration.
- You must be the owner of the credit card/Paypal account
(www.paypal.com) registered within the account.
- You must not be from an area where site’s such as this
is prohibited or restricted by law. This site reserves
the right to monitor the location from which you access this
site and to block access from any jurisdiction other than
the U.S., or any jurisdiction in which participation is
illegal or restricted.
- You agree this Site cannot be held liable if laws
applicable to you restrict or prohibit your participation.
Ineligible Users:
Persons are ineligible to participate in any activities or services offered on this 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 activities on this 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. |
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Legality and Taxes
By user’s usage of this site’s activities and services, a user could earn real USA dollar cash prizes. The user will remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. The user’s are subject to all laws of the state, province and/or country in which the user resides and from which they access the Site and are solely responsible for obeying those laws. This site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any activities or services offered on this site, nor shall any person affiliated, or claiming affiliation, with this site have authority to make any such representations or warranties.
USA users:
This sites requires user’s exceeding $600.00 USD in earnings from this site within one year to send this site Form 1099 via mail to the address listed on the bottom of this site. This form is a legal requirement by United States Internal Revenue Service regulations. Violation of this may result in freezing or denial of access to the user’s account and its functions, withdrawals, refunds, deposits, and referrals of Proprietary Rights. By registering for an account and/or participating in any activities or services offered on this site you agree that all information contained on this site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by this site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This site neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties. While this site uses reasonable efforts to include accurate and up-to-date information, this site makes no warranties or representations as to its accuracy. This site assumes no liability or responsibility for any errors or omissions in the content of this site. Any communication or material you transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by this site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. In addition, this site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you or any credit.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this site, including the names of all games, site areas, and components, are registered and unregistered Trademarks of this site and/or others. Nothing contained on this site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on this site without the written permission of this site or such third party that owns the Trademark displayed on this site. Your misuse of any Trademark displayed on this site, or any other content on this site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that this site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. |
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Promotions:
By registering for an account and/or participating in any activities or services offered on this site you agree that this site may display your username, nickname, full name, location, score, site picture/avatar, profile page, profile page content, chat content and/or challenge records. By accepting any prize from this site you agree to allow this site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation. |
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Submissions:
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to this site, such submissions shall become, and shall remain, the sole property of this site. No submission shall be subject to any obligation of confidence on the part of this site. This site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you. |
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Information Required:
During registration on this site, we require users to put in information to create their account with this site. User’s might be required to enter the following as part of the registration process for usage of this site: nickname, email address, full name, geographical information such as address, date of birth, user’s phone number, gender, credit card information and/or Paypal account. The user represents and warrants that all information keyed in during registration is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Lastly, the user’s nickname and email will serve as the unique identifier for a player. This site possesses the right to change any information in the registration process if needed. |
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Technical Requirements:
The activities and functions of this site perform best under the following minimum computer and internet requirements. This site can deny access, or freeze user accounts if we determine usage of a user’s computer and internet connection is not up to the minimum requirement.
Computer Hardware:
Computer Type: PC capable of running Windows operating systems
Processor: Intel Pentium-III GHz or above
RAM: 256mb or above
Screen Resolution: 800x600 and above
Sound card: Basic sound output (not required)
Input: Standard computer keyboard and mouse
Computer Software:
Computer Operating System: Windows 98 Se, Me, 2000, NT, XP with SP2. We currently do not support Macintosh systems.
Browser: Microsoft Internet Explorer 6.0 or higher. We recommend Service Packs updates from Microsoft. We currently also support Firefox.
Flash Version: Flash v7.0. Please download it here: http://www.adobe.com
Internet:
Connection
Speed: we recommend 384K and above as the ideal
connection. Lower speeds result in slow response from
the site. |
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Other Limitations
1 account per user:
A user may open only 1 account with this site. If multiple accounts for 1 user is detected, this site reserves the right to, without prior notice, deny access to or freeze any and all accounts, cancellation of accounts and denial from opening accounts in the future. This action may be reversed at any time at our sole discretion.
Proxy Usage:
This site does not allow user behind proxies to access this site. Proxy usage is heavily abused on the internet for fraudulent practices. We monitor for abuse conducted by our users using this method. If this activity is being conducted by a user this site reserves the right to without prior notice to deny access to or freeze an account, cancellation of account and denial from opening accounts in the future. This action may be reversed at any time at our sole discretion.
Deposit and Withdrawals:
This site reserves the right to change minimum and maximum deposit and/or withdrawal limits without prior notice to the user.
Inactivity:
We reserve the right to terminate a user account and absorb any cash balance for accounts with lack of activity for more than 2 years.
Challenge Participation:
This site conducts tournaments called “challenges”. User playing in challenges will follow certain rules as described. Free players may not participate with Cash challenges as they have not paid the entry fee for entering a cash challenge. Users may only participate in challenges that are active and open to play. Once a challenge ends, user scores will be recoded or used in the winner determination. The user’s highest score in a particular challenge is recorded as their final score. Individual player with account can only participate in 1 challenge under an account. User’s who are violating this site’s rule and playing with multiple accounts in a given challenge are conducting abusive behavior on this site. They can have their accounts deleted, frozen and all balance deleted at the site’s discretion and with no prior notice to the user.
Third Party Games:
This site features several games from third party developers, websites, and game providers. This site is not responsible for any technical game related issue, any privacy violation, and damage to the user's pc as a result of participation and playing in a third party game.
Chat:
The site features a chat interface where user’s of the site may communicate. User’s chatting on the site must NOT use words that are considered curse words in any culture, abuse any other user on the chat or the site, sexually derogatory, post web links, post email addresses, post geographical addresses, pass out their account password, post images, promotion of competitor products, marketing of products, and/or post any content that can be used to harm OrangeShark.com in anyway. The site also holds rights at its sole discretion to delete any chat that it feels will be offensive to its site users. The site will not offer any reason regarding deletion of the chat. The site may at its own discretion periodically review its user’s chat conversations for content it finds offensive. The site reserves the right to delete any user account if it feels these terms have been violated. Information that you disclose in chat is public information, and there is no expectation of privacy or confidentiality in either place.
Other General Limitations:
User’s displaying behavior consistent with the use of unfair methods on this site, including but not limited to the opening and/or use of multiple accounts, send false scores to servers, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the terms of agreement between the user and this site, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by this site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be void at the sole discretion of this site. |
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Abuse
Email Communication:
This site, like other web based business conducts email based communication and allows it’s user’s, partners, marketing partners, affiliates and/or third parties to do so using this site’s email tools and through their own method. This site’s rules on email communication information are heavily addressed in our Privacy Policy which can read by clicking on the Privacy Policy link on the bottom of this page. This site is strict about email abuse (called “Spam”) conducted by users, partners, marketing partners, affiliates and/or third parties. User’s suspected (due to information found by us, other users or third parties) of conducting such activity will have the following actions conducted on their account without any prior notification to the user.
What is Spam?
Spamming is the abuse of electronic messaging systems to send unsolicited, undesired bulk email messages. Click here for detailed description from Wikipedia.com (not affiliated with this site): http://en.wikipedia.org/wiki/Spam_(electronic)
Actions taken:
We reserve the full right to do the following- account access denial or frozen, cancellation of account and denial from opening accounts in the future. This action may be reversed at any time at our sole discretion. If any of these actions take place, it could result in loss of claim to any cash balance in the user’s account, or to any future incurred balance. We also reserve the right to report abuse to the abuser’s Internet Service Provider, Hosting Company, and legal authorities.
Payment and/or Withdrawal:
Any abuse detected by us, third party tools or payment service providers regarding payment process (Paypal or credit card) or withdrawal is taken as a strict matter. Any illegal deposits, using a credit card or Paypal account not belonging to you to make a deposit, using proxy servers to make deposits, will be considered abuse. We reserve the right to have the following actions conducted on their account without any prior notification to the user.
Actions taken:
We reserve the full right to do the following: account access denial or frozen, cancellation of account and denial from opening accounts in the future. This action may be reversed at any time at our sole discretion. If any of these actions take place, it could result in loss of claim to any cash balance in the user’s account, or to any future incurred balance. We reserve the right to stop any deposit or withdrawal during without any notice to the user.
Read more about Paypal rules below.
Reporting Abuse:
Please forward the following email to report abuse at: http://games.orangeshark.com/contact_us.php
Include details in your email. If your evidences prove right
strict action would be taken on the abuser keeping in mind the
rules and regulations of this site. |
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Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament or gaming event offered on the Site, the user agrees that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the Site’s systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of the user's account, and forfeiture of all prizes to which the user is otherwise entitled.
Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of the user's account, and forfeiture of all prizes to which the user is otherwise entitled.
Any attempt to tamper with data transmission from OrangeShark website content (games, avatar purchases and other content), attempt to modify user's score in manner not intended to be used on the site and/or transmit data to any of OrangeShark servers that are appear to be altered or modified is considered abuse. Such action will result civil and/or criminal prosecution, termination of the user's account, and forfeiture of all prizes and winnings to which the user is otherwise entitled.
OrangeShark maintains full discretion upon determine if any of the above Hacking, Tampering or Unauthorized Access actions have been performed. OrangeShark reserves the right to termination of the user's account, and forfeiture of all prizes and winnings to which the user is otherwise entitled without any prior notice to the user. |
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Ruby Purchases
This site uses several methods of allowing the user to deposit cash into their accounts. Please review all the methods and their individual rules below.
Paypal:
Paypal (www.paypal.com)an online payment system enables any individual or business with an email address to securely, easily and quickly send and receive payments online. Please review the sites prior to using their services on our site: www.paypal.com. This site uses Paypal’s payment systems to allow it’s users to deposit funds into their accounts and to withdraw funds from their account. We follow all Paypal’s processing rules. We will review any user’s account details if any complaints or reviews are requested or sent by Paypal regarding a user’s deposit or withdrawal. Any charges charged by Paypal for deposit process conducted by the user will be deducted from the player’s account balance.
Credit Card:
Cash deposits into a user’s account can be made using credit cards. This site uses Paypal and 3rd party credit card processors to process its credit cards. Please review the above section “Paypal” for details regarding Paypal’s credit card processing rules. Any charges charged by Paypal or the 3rd party credit card processors for deposit process conducted by the user will be deducted from the player’s account balance.
Advertiser/Sponsor Programs:
This site lets the user earn cash to deposit into their accounts by interacting with advertisers/sponsors (herein referred to as “advertiser” or “sponsor”). The advertisers require the user to give certain information, answer question or survey, purchase products or service and/or other activities. Upon successful completion of the advertiser requested actions, the advertiser credits this site cash, of which the site deposits a certain percent in the user’s account. The site may at any time change its deposit percent into the user’s account without any notice to the user. The site may review each deposit before crediting the user’s account. This review process may take from 5 minutes to 3 days.
During activities conducted on the advertiser’s site between the user and the advertisers, this site is not responsible for any interaction between the user and the advertiser. We recommend the user to fully review the advertiser’s terms and privacy policy before interacting in any actions required. The user agrees not to hold this site liable for any actions or legal issue arising between the user and the advertiser. Any charges charged by the advertiser for deposit process conducted by the user will be deducted from the player’s account balance. |
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Jackpots Users of this site are automatically eligible to win cash jackpots while playing games. The winning amount in any winning will never exceed $4999 USD. Club Sharky members are eligible to win up to $4999 USD. Non- Club Sharky members can win maximum $2000 USD regardless of Jackpot size exceeding this value. Winner determination is done in random by the site.
User is responsible for all taxes resulting from the win. Winner will be notified via email and must respond within 7 days to claim the win. Lack of response within 7 days disqualifies the user from the winning amount.
Winner’s within USA must be over 18 years of age and be legal residents of USA. Winner must complete USA tax forms which will be issued to the user. Winners outside of USA, must be 18 years of age and legal residents of their country. Winner will be required to provide proof of residence and age before winning amount is issued.
Tokens: Tokens are digital coins earned on the website during game play, and other activity. Tokens do not hold any monetary value outside of OrangeShark.com. Tokens cannot be exchanged for Rubies or Memberships. Tokens cannot be converted in a cash value for withdrawal.
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Challenges and Games
Challenge Winner Determination:
Some games on the site feature skill competitions or Challenge games. Your success in winning are based on your skill in scoring high points in a game. Our games do not have luck involved like typical casino sites do. The players who are skilled in playing a game to achieve the highest score are typically the winners in our challenges. We recommend our users to practice our games to improve their skills in our games. At the end of challenges (game competitions), winners are paid out based on their position in the score list. Approximately the top 24% to 30% of players in a challenge are winners. Determination of winners in a challenge is based on our site’s calculations. Notification of winners will be listed in the users “My Account" tab, and/or challenge score pages.
Rights of this site:
This site reserves the right at any time to remove a user or a challenge winner from the challenge without any notice to that user. In challenges that are cancelled the site reserves the right at it’s own digression to cancel all winnings, or possible user wings and issue back to the user their entry fees. Users may only participate in challenges that are active and open to play. Once challenges end, user scores will not be recoded or used in the winner determination. Users who are violating this site’s rule and playing with multiple accounts in a given challenge are conducting abusive behavior on this site. They can have their accounts deleted, frozen and all balance deleted at this site’s discretion and with no prior notice to the user. |
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User Profile Pages
All users of this site are by default issued a public user "profile" page. A user profile page is an information webpage regarding the user. Content such as a user's membership status with OrangeShark, user's Avatar items, game history, personal information and images and more are displayed. All user's of this site agree to the public access of these pages. User's have the ability to manage content that is placed into their profile page by logging into their OrangeShark account and editing the content options. User's however cannot modify the profile page web URL and other data related to their membership status and activity on this site.
When the user posts content into the profile, the user authorizes and direct this site to make such copies thereof as this site deems necessary in order to facilitate the posting and storage of the user's content on the Site. By posting user content to any part of the profile, the user automatically grants, and the user represents and warrants that the user has the right to grant, to this site an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such the user content, and to grant and authorize sublicenses of the foregoing. The user may remove the user's content from the profile page at any time. If the user chooses to remove the user content, the license granted above will automatically expire, however the user acknowledges that the Company may retain archived copies of the user content.
The user represents, warrants and agrees that no materials of any kind submitted through their account or otherwise posted, transmitted, or shared through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Users are solely responsible for the photos, profiles, messages, testimonials, comments, notes, text, information, music, video, advertisements, listings, and other content that the user uploads, publishes or displays (hereinafter, "post") on or through this site or the profile interface, or transmit to or share with other users. The user may not post, transmit, or share user profile content on the site or profile page that the user did not create or that the user does not have permission to post. The user understands and agrees that this site may, but is not obligated to, review the profile and may delete or remove (without notice) any content on its sole discretion, for any reason or no reason, that in the sole judgment of this site violates this Agreement, or which might be offensive, containing nudity, contain abusive language, illegal, copyright violation, defamation, or that might violate the rights, harm, or threaten the safety of users or others. The user is solely responsible at their sole cost and expense for creating backup copies and replacing any content the user posts or stores on the profile page or provides to the Company. User’s in violation of these rules can have their accounts closed, or deactivated.
Users of this site agree not to use a user's profile to harvest or collect email addresses or other contact information of other users from the profile or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Users of this site agree not to use the profile or this site in any unlawful manner or in any other manner that could damage, disable, overburden or impair this site. Users of this site agree not to use automated scripts to collect information from or otherwise interact with the profile or the Site. Users of this site agree not to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Users of this site agree not to upload, post, transmit, share, store or otherwise make available any pictures other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends. Users of this site agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. Users of this site agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Users of this site agree not to upload, post, transmit, share, store or otherwise make publicly available on this site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers. Users of this site agree not to solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes. Users of this site agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Users of this site agree not to intimidate or harass another. Users of this site agree not to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law. Users of this site agree not to use or attempt to use another's account, profile or system without authorization from this site, or create a false identity on the profile or this site. Users of this site agree not to upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of this site, is objectionable or which restricts or inhibits any other person from using or enjoying this site, or which may expose this site or its users to any harm or liability of any type.
All content on the profile page, including but not limited to images, pictures, designs elements, text, graphics, music, videos, game files, OrangeShark image elements, OrangeShark member information elements, information, applications, software, sound and other files are the proprietary property of this site and its users or its licensors with all rights reserved. Content on the profile page may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the site's prior written permission. The only exception is to the user who profile is in question. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own profile content, you may not upload or republish profile content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the profile content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the user profile content other than as specifically authorized herein, without the prior written permission of this site, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause. |
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Terms of Sale
OrangeShark offers its users several items that may be purchased from this site. The following terms and conditions of sale govern the purchases. Every time a user purchases an item from this site, the user accepts and agrees to the following terms and conditions of the sale. Every order placed through OrangeShark or our vendors will be deemed the user's offer to purchase our products. This site may accept the user's offer either through an email confirmation or through delivery of the items the user requested. This site's acceptance of each offer as specified is expressly subject to and conditioned on the user's acceptance of these (and only these) Terms and Conditions of Sale.
VIRTUAL ITEMS:
Items that are included as virtual digital products include: digital avatar (also referred to as “Look-Alike”) characters, avatar related digital items (virtual clothing, virtual images etc), profile page web templates, Club Sharky subscription membership and ruby purchases (online digital currency).
CLUB SHARKY SUBSCRIPTION MEMBERSHIP:
Membership: User may opt to purchase membership plans for a set period of time such as 1 month, 6 months or 1 year or more.
Subscription: OrangeShark offer's it's users a reoccurring monthly subscription plan. User opting to purchase the subscription plan must agree to the following.
OrangeShark reserves the right to change the fee or billing methods at any time. If the user pays a periodic (e.g. monthly) subscription for the Club Sharky, OrangeShark will provide the user with a notice of any changes to fees or billing methods thirty (30) days in advance by posting such changes on www.OrangeShark.com. The user is responsible for reviewing www.OrangeShark.com to obtain timely notice of such changes. Any lack of request to cancel Club Sharky subscription within 10 days after posting of the changes on www.OrangeShark.com confirms that the user accept such changes. If any change is unacceptable to the user, the user may cancel the subscription at any time, but OrangeShark will not refund any fees that may have accrued to the user's account before cancellation of the subscription, and OrangeShark will not prorate fees for any subscription. If the user's use of the subscription services is subject to use or sales tax, then OrangeShark may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of www.OrangeShark.com.
Users may pay for subscriptions by Credit Card, or Paypal. Subscriptions paid by Credit Card will automatically renew, unless the user affirmatively cancels the subscription. Users who use Paypal will incur an additional processing fee. When using a credit card for payment of subscription the user agrees that the user is the authorized user of the credit card that is used to pay subscription or other fees. The user authorizes to charge the user's credit card for the subscription fee. The user must agree to promptly notify OrangeShark of any changes to the user's credit card account number, its expiration date and/or the billing address, and the user must agree to promptly notify OrangeShark if the credit card expires or is canceled for any reason.
The user is fully responsible for all charges incurred, including applicable taxes, and all purchases made by the user or anyone that uses the user's account, including the user's family or friends. Unless the user's account of credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your account, the user will be responsible for all usage and purchases on the user's account.
PRICING:
All prices shown on this site are subject to change without notice. Shipping and handling charges, which do not apply to virtual products such as virtual clothes, characters, and items (if any), are not included in the product prices, but all such charges will be added to the user's invoice and will be visible at the payment page before the user completes the purchase. This site accepts payment only by the following: credit card, and Paypal. This site is not responsible for any charges the user's credit card company or Paypal charges the user for completing the payment process. All virtual digital products are non-refundable.
CREDIT CARD SECURITY:
OrangeShark wants you to feel safe and secure when you shop with us at OrangeShark.com. Please read our Privacy Policy (see link below) to understand how OrangeShark manages it's user's personal information. While making purchases with this site we strive to ensure a safe and securing online ordering environment for our users. While no security system is absolute, OrangeShark employs industry standard security systems. OrangeShark servers protect your information using SSL (Secure Socket Layer) encryption and firewall technology throughout the ordering process. You can note a lock symbol on the bottom of your browser which indicates a secure and safe online purchase environment.
REFUNDS:
All virtual products sale on this site are non-refundable, except, in our sole and absolute discretion. Club Sharky memberships is a monthly auto-reoccurring payment. If the user wishes to cancel the subscription, the user must contact our customer service staff to request cancellation. Cancellations must be done 1 week prior to renewal of upcoming new period in the subscription plan. Cancellations of active month of subscription will not be granted. |
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NEWSLETTERS, CONTESTS & SWEEPSTAKES
By signing up with this site, users understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. You also agree to receive newsletters about latest games, contests and more. If you wish to be removed from newsletters sent to you, you may unsubscribe to it by clicking on the unsubscribe link on the bottom of each email mailed to you. For full unsubscribing details, please read the details above. |
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HOUSE RUBY VS. PURCHASED RUBY
Rubies are digital virtual currency which are used to participate in activities available on this website. Rubies are split in 2 categories: House Ruby and Purchased Ruby. Neither Rubies hold any monetary value. Rubies cannot be traded in for cash withdrawals.
House Ruby: House rubies are rubies which a user is given for free from this site. Rubies are given away in games, various contests, with membership plans and free jackpots. These rubies may be used to purchase certain virtual items on the site (such as avatar items, profile skins, etc).
Purchased Ruby: These Rubies are purchased by the user. These rubies provide the same benefits of House Ruby, such as purchasing digital items. |
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General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament only. This will only be issued to a user upon full review conducted by this site. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account, should the Site determine in its sole discretion that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament. |
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No Warranty
ALL GOODS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES. |
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Credit Card and Paypal Use
The user agrees that the Site is not liable for any loss caused by any unauthorized use of your credit card, Paypal or other method of payment by a third party in connection with the Site. Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution. |
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Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person. |
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Account Termination
The Site reserves the right to terminate your account, limit or prohibit your participation in any game, challenges or challenge type for any reason, including but not limited to any by you. By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse. If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the player. All winnings (if any) may be void at the sole discretion of the Site.
Orange Shark Inc.
A California, USA Company
2980 E. Capitol Expressway #50, Suite # 262
San Jose, CA 95148 |
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