Terms of Service - ClubWPT Social Casino
TERMS OF SERVICE
CLUBWPT SOCIAL CASINO
These Terms of Service for the ClubWPT social casino ("Terms" or "Agreement") governs your use of any mobile application ("App"), online games ("Games"), certain promotions and giveaways that may be sponsored by either us or third party companies ("Promotions") and the game client, server software and web technologies and branded websites used to provide the Games and Promotions (collectively, the "Platform"), or related services (collectively, any Apps, Games, Promotions, and the Platform are referred to as the "Service") provided by Club Services, Inc. ("ClubWPT") and Pala Interactive, LLC ("Pala"), (collectively, "Pala" and "ClubWPT" are referred to as "us" or "we") (unless a different policy is provided on a particular website, Game or App, in which case such different policy shall control the use of that particular website, Game or App). These Terms do not govern your use or participation in the ClubWPT VIP Membership, which is governed by the Terms of Service located at https://www.clubwpt.com/terms-service-vip.
By using the Platform, playing any Game, participating in any Promotion, or downloading and installing any App, you acknowledge and agree that you have read and understood these Terms and agree to be unconditionally bound by them. If you do not agree to be bound by these Terms, do not download or use the App or use the Service.
b. Secrecy Obligation. Once you have selected and been allocated a unique username and password ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Service. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify us by sending an e-mail to email@example.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Service where your Identifiers have been used (and where you have not previously notified us as provided herein) will be treated as valid.
c. No Transfer. Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age, to use your Account, and in no event allow or permit any person under the age of eighteen (18) years, to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes, rewards or winnings and may be reported to the relevant authorities.
d. You Are Responsible. You agree to be solely responsible for all use of the Service through the use of any of your Identifiers (except where you have notified us as provided above) and you agree to indemnify and hold us harmless, along with each of our respective parent companies, affiliates, managers, agents and directors, licensors and licensees, and each of our respective officers, directors, employees and contractors for any and all claims, losses, liability, damages and costs (including attorneys’ fees and expenses) arising from such use.
2. REGISTRATION RESTRICTIONS.
To be eligible to register for an Account, you must be at least 18 years old. By linking the Platform with your Third Party Account, you promise that you are 18 years or older, even if the rules and policies of your Third Party Account allow you to create an account without being 18. You may only create one Account. If you create multiple Accounts, we reserve the right to delete any or all of your Accounts without any liability to you.
The Service is available worldwide. However, certain states or countries may restrict or prohibit its residents from playing some Games or participating in some Promotions. The Services are void where prohibited by applicable law. You may not register for and use the Service if you are prohibited doing so by the laws of your State or country of residence. Also, you are prohibited from registering an Account or using the Service if you have previously had your Account cancelled by us or if you have previously been banned or barred as a player or guest by us.
You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are provided for entertainment purposes only and are not intended to facilitate or support any form of real-world gambling. The Service does not permit members to wager real money and has no ability to accept deposits as it is a "free play" site only. "Tokens" "Chips" and "Points" (as defined below) in Accounts have no monetary value, and cannot be exchanged for anything of value and cannot serve as a medium of exchange. Any and all references on the Service to "pots," "limits", "betting" or the like are solely for instructional or illustrative purposes and do not involve wagering real money.
We reserve the right, at any time, to take reasonable steps to verify your compliance with these Terms, including verifying your age, identity, and place of residency. We may use technological, administrative, or any other legally permitted method to verify your information, including by using age-gating, geo-gating, and location tracking tools.
By registering for an Account, you agree that we may display your user name, prize winnings, rewards and Games or Promotions records, and that we may publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, in any and all languages, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation. You agree to execute such releases as we may require for this purpose.
3. PAYMENTS; CHARGES.
a. It is generally free to download the App, use the Platform, or register for an Account. You will never be asked to pay any consideration or entry fee to participate in a Promotion.
b. The Service includes the opportunity to enhance your game play by using real-money to purchase virtual, in-game upgrades, such as virtual coins, play chips, XP credits, gems, or other items ("Tokens"). In addition, you may earn Tokens by participating in certain advertising offers.
c. All purchases of Tokens are final and non-refundable. Tokens may not be exchanged, sold, bartered, or otherwise transferred outside the Service. We reserve the right to take any action that it deems reasonable in the event you violate this restriction, including terminating your Account, banning you from the Service, and/or taking any legal action against you that we deem appropriate. We retain the right to manage, control, modify and/or eliminate Tokens any time at its sole discretion. Prices and availability of Tokens are subject to change without notice. Further, we reserve the right to refuse any purchase of Tokens for any reason.
d. You agree to pay us the applicable charges for any Tokens that you purchase, including applicable taxes, using a valid payment instrument (e.g., credit card, debit card, PayPal, or Facebook Credits) ("Payment Method") that is connected to your Account and is used to purchase Tokens by using your Login Credentials, even if such purchases are made by minors. If your Account is charged for items you did not purchase or that were not purchased using your Login Credentials, or you were charged an incorrect amount, you may request a refund or correction in accordance with the policies of the applicable Payment Method payment provider policy. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of purchases that you authorized or accepted. You agree that you shall not receive a refund for any unused Tokens when an Account is closed, regardless of whether your Account is closed by you or by us.
4. VIRTUAL ITEMS; PROMOTIONS; PRIZES.
a. The Service may include an opportunity to obtain, accumulate, manage, and purchase virtual, in-game currency and other digital and/or virtual assets, including Chips (the "Virtual Items") that may require you to pay a fee using real money to obtain the Virtual Items. Virtual Items represent a nontransferable limited right to utilize certain features of the Service, have no monetary value, and can never be transferred or redeemed for real money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in the virtual in-game items, spins or Virtual Items, regardless of the term "win", "buy", or "spend" or other terms we may use in relation to the issuance and use of Virtual Items.
b. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in our sole discretion. You may not purchase, sell, or exchange Virtual Items outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. We retain the right to manage, control, modify and/or eliminate Virtual Items or any other form of virtual currency at its sole discretion. Prices and availability of Virtual Items are subject to change without notice. Virtual Items may only be held by legal residents of countries or jurisdictions where access to and use of the Service are permitted.
c. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. You agree and acknowledge that we may deny or place limitations or restrictions on any purchase, issue, or redemption of Virtual Items, individually or with respect to general volume, at any time and for any reason. We may halt, suspend, discontinue, or reverse any Virtual Items transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service, or the service of any affiliated or related third party. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service. Virtual Items are lost upon any termination of your right to use the Service. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final.
d. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
e. From time to time, the Service may allow you to participate in Promotions where you may have the chance to win prizes. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN A PRIZE IN ANY PROMOTION. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING ANY PRIZE. UNLESS OTHERWISE SPECIFIED, ALL PROMOTIONS WILL BE ADMINISTERED BY CLUBWPT, AND AS BETWEEN CLUBWPT AND PALA, CLUBWPT WILL HAVE SOLE RESPONSIBILITY FOR ANY REQUIRED DISCLOSURES, PRIZE FULFILLMENT, AND ANY OTHER LEGAL REQUIREMENTS RELATED TO ANY PROMOTION AVAILABLE ON THE SERVICE.
f. ClubWPT will list available Promotions on the Service and shall publish a link to the official rules and terms and conditions ("Official Rules") for each Promotion. You may only participate in a Promotion if you agree to the Official Rules and any other requirements set forth by ClubWPT.
a. The Service may provide you with the ability to earn virtual reward points ("Points") that may be redeemed for real-world rewards (a "Reward"). The number of Points and the type or "class" of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. You earn Rewards by participating in certain actions via the Service, such as social participation, login, participation in certain in-game offers or other such in-game actions. POINTS ARE NOT AWARDED BASED UPON THE OUTCOME OF ANY GAMES. We may impose a limit on the number of Rewards in the aggregate or by type that may redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by us from time to time in its sole discretion.
b. You may redeem Points for pre-determined Rewards in the rewards store available via the Service (the "Rewards Store"). Points will expire if not used by a date specified by us. Rewards are subject to availability as determined by us in our sole discretion. We reserve the right to modify, amend or revise the Rewards available. The Rewards Store will display all Rewards available to you based on your membership level in any applicable rewards program offered by us in which you are enrolled. Rewards may be limited in quantity and other restrictions may apply including blackout dates, quantity limits, and subject to expiration dates. You may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by us or our designee or the third party business partner supplying the Reward. Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of your Account.
c. In order to claim a Reward, additional eligibility requirements may apply and enrollment may not be instantly available. Upon redeeming Points for Rewards, you may need to follow specific instructions to receive your Reward. Rewards may be cancelled and you will receive a refund of your Points for up to 24 hours following redemption of Points for the Reward. You will not receive a refund for Rewards that have expired. In the event that a Reward that you have claimed is unavailable for any reason, Pala may at its sole discretion refund the Points used to purchase the Reward. Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash, or other goods and services, even if you return the merchandise or other item(s) that your Points were redeemed toward.
d. If you have not logged in to your Account for more than thirty (30) consecutive days, your Account may be deemed inactive and your Points may be subject to immediate expiration. Inactive Accounts may be reactivated at any time by logging in and playing a Game. However, Points that expired due to inactivity will not be refunded.
e. Points remain the property of Pala and/or ClubWPT and may not be exchanged, sold, bartered, or otherwise transferred inside or outside the Service with other users or third parties. We reserve the right to take any action that we deem reasonable in the event you violate this restriction, including terminating your Account, banning you from the Service, and/or taking any legal action against you that we deem appropriate. We retain the right to manage, control, modify and/or eliminate Points any time at our sole discretion. Redemption rates, availability, and other such modifications of Points are subject to change without notice, as permitted by applicable laws. Further, we reserve the right to refuse the redemption of any Points for any reason.
All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by us in our sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by us in our sole discretion, we reserve the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
In the case of a prize or Reward covered by a manufacturer’s warranty, neither the manufacturer, Pala nor ClubWPT are responsible for 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 we are not responsible for any defects, use or misuse or repairs. We make no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes. Prizes or Rewards involving travel and tourism will be from a specified list of cities. Any person who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information, or the prize may be voided. Neither Pala nor ClubWPT are responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor are we responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers. You agree to execute such releases as we may require for this purpose.
6. LICENSES; OWNERSHIP.
a. The Service (including the use of Pala’s or ClubWPT’s name, any Games or Promotions, and the Apps, all client-side software, server software, web technologies, source code, characters, character names, stories, dialogue, concepts, artwork, photography, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of Games played using the Services)("Content") are, as between you and us, the sole and exclusive property of Pala or ClubWPT. Without limitation, we reserve all rights, including all intellectual property rights or other proprietary rights, connected with the Service.
b. You agree that you shall have no ownership or other property interest in the Service, your Account, your Points, or any Tokens in your Account, including any Tokens that constitute virtual items in a playable form, whether such Tokens were earned by activities or purchased. You are expressly prohibited from transferring or purporting to transfer any Content or Tokens outside of any mechanism provided within the Service. This prohibition expressly includes any attempted or purported sale, gift or trade in the "real world" of any Token, Chips, Points, or Account.
c. Provided you are not in breach of these Terms, we grant you a personal, revocable, limited, non-exclusive, non-transferable license to: (i) access and use the Service and the Content solely for your own, private, non-commercial entertainment purposes, and (ii) download and use the App on any iPhone, iPad or iPod Touch, Android enabled device, or Amazon Fire enabled device, as applicable, to the extent permitted by the rules and policies of set the App Store, the Google Play store, or the Amazon.com application store (in each case, the "Usage Rules"). The Service is always evolving and the form and nature of the Service that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Service (or any features within the Service), in whole or in part, at any time and without prior notice. If the Service or any part thereof is determined to be illegal under the laws of the State or jurisdiction in which you are situated, you agree not to use the Service and this license is void. All updates and upgrades to any portion of the Service will be governed by the version of these Terms published by us as of the date you install or use such update or upgrade. Any rights not expressly granted herein are expressly reserved. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
d. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. Termination may result, in our sole discretion, in the cancelation, revocation or adjustment of any Tokens, Points, Chips, Rewards, or any other related virtual item on the Service.
e. You may not: (i) permit other individual(s) to use the Content unless such other individual(s) agree to accept the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Content; (iii) copy the Content; (iv) rent, lease, transfer, sublicense or otherwise transfer rights to the Content; (v) remove any proprietary notices or labels on the Content, including the code underlying the Content; or (vi) use the Content for any reason other than your private use. Commercial use is expressly prohibited.
f. We are not responsible for claims, losses or damages resulting from any play under any condition. Participants are playing against each other and not against us. Play on this Service is at the sole option, discretion and risk of the participant. You are solely responsible for your interaction with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
7. USER CONTENT.
a. The Service may provide functionality that allows you to upload certain text, images, or other content ("UGC"). As between you and us, you remain solely responsible for any UGC you post and for any consequences thereof. Any use or reliance on any UGC or other materials posted via the Service or obtained by you through the Service is at your own risk.
b. We reserve the right, but not the obligation, to monitor your UGC at any time, for any reason, and to remove any UGC that we in our sole discretion, finds to be in violation of these Terms or otherwise objectionable.
c. The UGC you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide UGC that you are comfortable sharing with others. What you say via the Service may be viewed by other users instantly and is not private. You are expressly prohibited from posting any UGC that is false, fraudulent, inaccurate, misleading, unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, encourages criminal conduct or conduct that could give rise to civil liability, or that infringes upon any copyright, trademark, service mark, or other intellectual property right or proprietary right of any third party ("Prohibited Content").
d. Neither Pala nor ClubWPT endorses, supports, represents or guarantees the completeness, truthfulness, accuracy, or reliability of any UGC or communications posted via the App or endorses any opinions expressed via the Service. You understand that by using the Service, you may be exposed to UGC that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
e. You will not upload, post or otherwise make available, any UGC that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the App, you warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available via the Service.
f. We reserve the right to access, read, preserve, and disclose any UGC and related information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
g. As between you and us, all rights in and to any UGC remain with the user that submitted the UGC to the Service. You agree, acknowledge, represent, and warrant to us that: (i) you own or have all necessary rights and permissions to upload and post UGC via the Service and grant us the rights herein; (ii) that your UGC does not contain any Prohibited Content; (iii) and that your UGC constitutes information residing on our systems or networks at your direction under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
h. You agree to indemnify, defend, release and hold us and each of our respective agents, affiliates, and representatives, representatives, directors, officers, and employees harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (i) any UGC submitted by you including but not limited to the use of UGC in accordance with the terms of this Agreement; (ii) activity that occurs through or by use of your Account; (iii) your use of or reliance on any UGC; (iv) your interaction with any other user of the Service; or (v) your violation of these Terms. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us.
i. By submitting, posting or displaying UGC on or through the App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works of, and distribute such UGC in any and all media or distribution methods (now known or later developed) in any and all languages. We may modify or adapt your UGC in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your UGC as are necessary to conform and adapt that UGC to any requirements or limitations of any networks, devices, services or media. You agree that this license includes the right for us to make such UGC available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such UGC on other media and services. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the UGC that you submit, post, transmit or otherwise make available through the App. You are responsible for your use of the App, for any UGC you provide, and for any consequences thereof, including the use of your UGC by other users and our third party partners. You understand that if you do not have the right to submit UGC for the uses described in this Section, you may be subjected to liability. You also represent and promise that you have obtained a release and consent from every person included in a photo and that you will not submit any photo to any Game that violates any right or privacy or publicity.
8. LINKED SITES AND ADVERTISERS.
a. The Service may include advertisements. The types and extent of advertising on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that we and our third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
b. The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. RESTRICTIONS ON USE OF THE SERVICE.
a. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App, or any portion of Service to send altered, deceptive or false source-identifying information; (v) develop, distribute, exploit, use, or publicly inform other users of cheats, automation software, bots, hacks, modes, game error or bug which give users an unintended advantage, or any other unauthorized third party software or application; (vi) participate in any form of collusion with other users, unlawful activities, using unfair or external factors or influences, or fraudulent practice that influence the Service to your advantage or your disadvantage; or (vii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of UGC in such a manner as to interfere with or create an undue burden on the Service.
b. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Platform. If we believe in our sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Platform, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
c. Chat Policy. Please note that the Platform may provide you with the ability to participate or enter a chat room. We strive to maintain a friendly and pleasant atmosphere for our members. While we cannot be held responsible for the conduct of any member, we do reserve the right to refuse use of our clubroom to anyone who violates our code of conduct. The following is deemed inappropriate conduct:
1.Collusion with another member of any sort or any other form of cheating.
2.Agreeing to take any action when there is another member all-in.
3.Telling anyone your down cards before a hand is complete.
4.Needlessly stalling the action in a game.
5.Selling Tokens, Points, Chips or Rewards for cash.
6.Attempting in any way to induce a member to leave a game to play in another.
Members conducting chats that are deemed inappropriate or abusive (in our sole discretion) may have chat privileges revoked temporarily or permanently. This behavior includes (but is not limited to):
1.Verbally threatening any member or employee or using profanity or obscene language.
2.Making statements that could unfairly influence the action in a game (e.g., telling a member he has made the wrong hand).
3.Chatting in any language other than English during game play (trivial exceptions will be made).
4.Begging other members for Tokens, Points or Chips.
5.Advertising websites or other commercial services.
6.Typing words, characters or phrases that make it difficult for others to use the chat feature.
7.Spamming tables with announcements of private tournaments, sit ‘n go events or other items we deem inappropriate.
8.Coaching members or suggesting how others should play their hand with respect to another member’s hands.
We reserve the right to make decisions regarding any member’s chat behavior in its sole discretion.
Our decision is final. When reporting member behavior that violates our code of conduct or reporting game concerns to member services, members should include table and hand numbers to indicate when and where the violation or problem took place.
10. COPYRIGHT POLICY.
a. We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your UGC has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of 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 you are authorized to act on behalf of the copyright owner.
b. We reserve the right to remove UGC alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the App is: Legal@PalaInteractive.com.
YOUR ACCESS TO AND USE OF THE SERVICE, ANY PORTION THEREOF, OR ANY CONTENT, AND YOUR PARTICIPATION IN ANY GAME OR PROMOTION OR ANY ACTIVITY RELATED TO ANY GAME OR PROMOTION, IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY UGC AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR, ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN ANY GAME OR PROMOTION OR ANY ACTIVITY IN CONNECTION WITH A GAME OR PROMOTION.
12. LIMITATION OF LIABILITY/INDEMNIFICATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH PARTICIPANT SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the Released Parties from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you or any service provider; (c) your connection to the Service; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
14. WAIVER AND SEVERABILITY.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
15. CONTROLLING LAW AND JURISDICTION.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR THE RELEASED PARTIES IN CONNECTION WITH THE SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTIONS LAWS.
The state and federal courts located in Los Angeles, California shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and by using the Service, each participant hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
16. ADDITIONAL END USER TERMS FOR USERS OF THE APP.
As owner of the technology and intellectual property underlying the Service, Pala requires that all users of the Apps acknowledge and agree to the following terms:
Pala and you acknowledge that these Terms are concluded between Pala and you only, and not with Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc. Pala, not Apple, Inc., Amazon, Inc., or Google, Inc., is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
b. SCOPE OF LICENSE.
The license granted to you for the App is limited to a non-transferable license to use the App on an iOS, Android, or Amazon Fire Product or on the Facebook platform that you own or control and as permitted by the applicable Usage Rules.
c. MAINTENANCE AND SUPPORT.
Pala is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. Pala and you acknowledge that neither Facebook, Inc., Apple, Inc., Amazon, Inc., nor Google, Inc. has any obligation whatsoever to furnish any maintenance and support services with respect to the App.
With respect to the App, Pala is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. With respect to any items listed for sale via the Service, however, the applicable user or brand listing such item is solely responsible for all product warranties, if any. In the event of any failure of the App to conform to any applicable warranty, you may notify Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc., and Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc. will refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, Apple, Inc., Amazon, Inc., or Google, Inc., will not have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pala’s sole responsibility.
e. PRODUCT CLAIMS.
Pala and you acknowledge that Pala, not Facebook, Inc., Apple, Inc., Amazon, Inc., or Google, Inc., is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Pala’s liability to you beyond what is permitted by applicable law.
f. INTELLECTUAL PROPERTY RIGHTS.
Pala and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Pala, not Apple, Inc., Amazon, Inc., or Google, Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. LEGAL COMPLIANCE.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. ENTIRE AGREEMENT; CHANGES TO THIS POLICY.
Last Updated April 22, 2019