SECTION ONE - GENERAL INFORMATION

1.1 Terms and Conditions Binding

Registering for an account and/or participating in any game offered on ToquesandBeavers.com (“the Site”) signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions and the End User License Agreements for any of the game that are offered on the Site. The Site may modify these Terms and Conditions at any time. Your continued use of the Site and the games offered therein, following such modifications, signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

1.2 Governing Law and Disputes

These Terms and Conditions will be governed and construed in accordance with the laws of Canada, irrespective of any principles of conflicts of law.

By registering for an account and/or participating in any game and/or tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the courts located in the Isle of Man, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement

These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.

1.4 Severability

If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1a Eligibility

To open an account and/or participate in any game offered on the Site, you must:

a) be designated title-holder of the e-mail address submitted on your account registration form;

b) at all times abide by these Terms and Conditions.

To win monetary or goods-related prizes offered on the Site, you must:

a) be at least 18 years old,

b) be designated title-holder of the e-mail address submitted on your account registration form;

c) be a legal resident of Canada with a verifiable address and bank account for email fund transfers;

c) be physically located within Canada

d) be physically located in a province in which participation in the tournament you select on the Site is unrestricted by law; and

e) at all times abide by these Terms and Conditions.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

2.2 Additional Persons Not Eligible

Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes

You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

The Site reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

You 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.

2.4 Acknowledgment of Proprietary Rights

By registering for an account and/or playing any of the games offered and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the 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 the Site or it’s Licensors. 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. The Site neither warrant nor represent that your use of materials displayed or made available on the Site will not infringe rights of third parties. While the Site make reasonable efforts to include accurate and up-to-date information, the Site make no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to the 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 the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site are free to use any game questions, ideas, concepts, know-how or techniques contained in any communication you send to Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site, the Site Licensors and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce their intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.

2.5 Promotional Activities

By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize from the Site, you agree to allow the 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 or related purposes without additional compensation.

2.6 Submissions

If you send comments, questions or suggestions, including, but not limited to, game questions, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

2.7 Information Required

At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a positive account balance for entry fee to play individual games or tournaments, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information.

2.8 Accuracy of Information

You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled.

2.9 Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believe such disclosure is necessary to comply with the law or other contractual provisions of the Site or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site’ disclosure of personal information. The Site reserve the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. ToquesandBeavers.ca utilize e-mails to notify you when you participate in and win tournaments and games, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of T&B e-mails: promotional marketing e-mails, promotional e-mails from our partners, newsletters, tournament and/or game play e-mails, and finance/account-related e-mails. You have the choice to opt-in or opt-out of receiving any of these types of e-mails at any time by modifying your preferences under the My Account section of the website.

2.10 Recommended System Configuration

The tournaments offered on the Site will function best if your computer system meets the requirements posted in the FAQ.

2.11 Chat and Message Board Policy

Rules of Conduct:

* The Site reserves the right to temporarily or permanently ban users who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas.

* The Site reserves the right to remove any posts for any reason.

* You must be at least 18 years old to participate in any part on the Site.

* Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.

* Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.

* Site usernames will be displayed as ‘Your Name’; impersonating other players or using obscene, abusive, violent, insulting usernames is not allowed.

* Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.

* Advertising or promotion of other companies or URLs is not allowed.

* Please limit posting to the subject of the Site’ games, message board or site.

* Do not share personal information (your name, phone number, home address, password) with others on the site.

* No advertising of any kind is allowed in messages.

* No copyrighted materials are allowed in messages.

* Information disclosed in the Site chat rooms or message boards/forums, becomes property of the Site and is revealed to the public. The Site are not responsible for any information you choose to disclose to others.

* Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.

2.12 Anti-Spam Policy

The Site do not engage in Spamming. Users who are reported and whose claims of “Spam” are validated by the Site, will have their respective accounts immediately TERMINATED at the sole discretion of the Site. Additionally, any winnings (if any) may be voided at the sole discretion of the Site. The Site define “Spam” as:

* Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;

* Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;

* Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ);

The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

* Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: support@toquesandbeavers.ca

2.13 Limitations on Participation

You may establish one account per person, and only up to two accounts per computer or physical address, to participate in the activities offered on the Site. The Site reserve the right to monitor any effort to establish multiple accounts; in the event the Site discover that you have opened more than one account per person or more than two accounts per computer or physical address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and Toquesandbeavers.ca may void any associated winnings. The Site also reserve the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.

The Site may impose limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserve the right to change these limitations at any time. The Site reserve the right to set expiration dates or other limits on all Game Credits. The Site reserves the right to expire the Game Credits balance of any dormant account. Game Credits are defined as any credit deposited by Toques and Beavers into an account, including, but not limited to, promotional credits, entry fee credits, accounting credits, prize credits, and gift credits. A dormant account shall be defined as any account that has been inactive for more than 180 days.

2.14 Abuse

Anyone who displays behavior which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, 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 these Terms and Conditions, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Sites access and, in the case of money laundering, disclosure to the relevant authorities. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

2.15 Account Maintenance Fee

For any account that has been inactive for six consecutive months, the Site reserve the right to assess a maintenance fee of $2.00 per month. On the seventh month of inactivity the Site will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in or played any games (money or free) in six consecutive months.

2.16 Withdrawal Requests

Users may purchase gifts offered in the Site from their available account balance at any time. Processing of gifts may take up to 5 weeks depending on the gift and availability.

The Site reserve the right to assess shipping, handling and processing fees for the gifts purchased. Such fees are notified on the Site within the information provided about the gift.

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes

The results of all tournaments offered on the Site depend on the number of the players participating in such tournaments and the skill of the players in such tournaments; precise odds of winning are therefore unavailable.

Prizes are cash amounts or prizes, which are deposited directly into winners' accounts or shipped to the winners’ home address. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. Except where otherwise noted, in all tournaments with actual cash entry fees, the Site retain a predetermined portion of the aggregate total as a management fee.

Please note that in certain circumstances where a player's account is closed by the Site for a violation of these Terms and Conditions, that player's winnings may be voided and not returned to that player. In such an event, the Site uses these winnings to defray the costs of administration and enforcement of these Terms and Conditions.

3.2 Winners Lists

Lists of winners will be posted on the Site following each tournament, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed while verification of the results takes place in order to help prevent potential abuse.

3.3 Determination of Winners

The results and winners of each tournament offered on the Site will be determined by the Site, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.

3.4 Game Rules

Rules for each specific game and tournament offered on the Site can be found by clicking on the Game Rules links in the Site.

SECTION FOUR - LIMITATION OF LIABILITY

4.1 General Disclaimer

BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY GAME PLAY OR TOURNAMENT OFFERED ON TOQUESANDBEAVERS.CA (THE SITE), YOU AGREE THAT THE SITE ARE 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 ARE NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE ARE 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 assume 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 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 are responsible that prevents you from completing a game or 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 game or tournament entry only. The Site reserve the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserve the right to limit your game 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 are not liable for any potential winnings from any unfinished tournament.

4.2 No Warranty

ALL GOODS AND SERVICES PROVIDED ON THE 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 HAVE AUTHORITY TO EXTEND SUCH WARRANTIES.

4.4 Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any game or tournament offered on the Site, you agree that the Site are 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’ 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 your account and forfeiture of any prizes to which you are otherwise entitled.

Any attempt to participate in any game or 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 active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.

4.5 Accounts for Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these Terms and Conditions, are 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 game or 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.

4.6 Account Termination

The Site reserve the right to terminate your account, limit or prohibit your participation in any game, tournament or tournament type your rank or scores for any reason, including but not limited to any Abuse (see Section 2.14) 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 gift purchases, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.

SECTION FIVE - MERCHANDISE PRIZES

5.1 General Disclaimer

Terms and Conditions for tournaments with merchandise prizes are the same as cash prize tournaments, with the following exceptions:

5.2 Substitution

Players may request from the Site an offer of cash payment in lieu of any prize won, although the Site are under no obligation to grant such request. If the Site elect, in its sole discretion, to offer a cash payment in lieu of any prize won, the Site reserve the right to determine the exact amount of the cash offer, even if such cash offer may be less than the value of the prize. The player may then elect to accept the Site’ cash offer, accept the original prize, or decline both and take nothing. The Site also reserve the right to credit the account of a merchandise prize winner with cash (the amount of which is in the Site’ sole discretion) in the event the prize remains unclaimed for a certain period of time which shall in no event be less than 30 days.

If a prize has become suddenly unavailable, the Site has the right, in its sole discretion, to substitute freely the cash equivalent (determined by the Site’ estimated cost to obtain the merchandise prize, and not the manufacturer's suggested retail price or any other price) for any merchandise prize. Players cannot return or exchange prizes that have already been sent for game or cash credits.

For all merchandise tournaments, a minimum number of user entries is required in order for the described prize to be awarded to the tournament winner. If the number of user entries falls below this minimum, the prize will determined in the sole discretion of Toquesandbeavers.ca.

5.3 Taxes

Users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer’s Suggested Retail Price, or Sites’ acquisition price, at our discretion, will be used as the cash value of the merchandise prize.

5.4 Delivery Time

Unless otherwise specified, merchandise will ship within 14 days of the date the prize is claimed by the winning player. All goods are shipped F.O.B. Origin, and accordingly the Site takes no responsibility for any damage incurred during shipping. Costs of shipping are borne by the user, and will be deducted directly from the user’s account.

5.5 Warranties

In the case of merchandise covered by a manufacturer’s warranty, the manufacturer and not the Site are responsible for initial defects, subsequent use or misuse or covered repairs. In the case of merchandise not covered by a manufacturer‘s warranty, the merchandise is offered “as is”, and the Site are not responsible for any defects, use or misuse or repairs. The Site make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.