NO PURCHASE NECESSARY. This agreement, including addendums, (collectively referred to as the "Agreement") is between you ("Player") and the undersigned ("Us" or "We"). Read the following terms and conditions before using or installing any software (the "Software") accompanied by this Agreement.
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, PLAYER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. If you do not agree to all of the terms of this Agreement, you will not be allowed to access, use or install any part of the Software.
1. LICENSE AGREEMENT
We grant to Player a non-exclusive license to use the Software, subject to the terms of this Agreement, for a term of three years from the date of this Agreement. We may modify this Agreement at any time without notice and Player shall periodically review this Agreement and any other terms and conditions posted at this Web site at a rate not less than once monthly. Player shall not participate in the Games, open, use or reuse the Software, enter the Web site, or the clubroom, nor accept any Prize if Player does not fully understand, agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein and as such rules, regulations and terms and conditions may change from time-to-time. The term of this Agreement will be automatically extended for three years from the date you receive any Software upgrades or subsequent Software versions.
2. LICENSE RESTRICTIONS
You may not:
(a) permit other individual(s) to use the Software unless such other individual(s) agree to accept the terms of this Agreement;
(b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software;
(c) copy the Software;
(d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software;
(e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or
(f) use the Software for any reason other than your private use. Commercial use is expressly prohibited.
3. LIMITATIONS ON USE
You agree that you will use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software. We assume no responsibility for the actions by you, the Player. You acknowledge that if we are unable to determine where the Software is being used, that we may rely upon your representation and express acceptance of this restriction by clicking where indicated, and that you will only use the Software for free play.
We are not responsible for claims for losses or damages resulting from any play under any condition. Tournament Players are playing against each other and not against us. Play at this site is at the sole option, discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account passwords and other personal security information. We are not responsible for the unauthorized use of your, the Player's, account or any losses that may result, of such unauthorized use.
4. LIMITED WARRANTY
We do not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. We warrant to Player that the Software will operate for purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty is breached, our only obligation under this Agreement and Player's sole remedy is, at our option, to (a) have us replace your Software with new Software supplied by us; or (b) terminate this Agreement.
5. LIMITATION OF LIABILITY
The Software is provided "AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WE HAVE BEEN ADVISED OF THAT PURPOSE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
6. HOLD HARMLESS AND REMEDY
You agree to hold harmless, indemnify and defend us, our officers, directors, employees and contractors, licensors and licensee from and against any losses, damages, fines and expenses (including attorneys' fees and costs) resulting from your violation of any of the terms of this Agreement.
7. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
A. You have read and you understand this Agreement.
B. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate:
(i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.
9. FREE PLAY ONLY
This website does not permit players to wager real money and has no ability to accept deposits as it is a "free play" site only. Chips and Tournament Points in players' 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 in the website to "pots," "limits", "betting" or the like are solely for instructional or illustrative purposes and do not involve wagering real money.
10. CHAT POLICY
We strive to maintain a friendly and pleasant atmosphere for our players. While we cannot be held responsible for the conduct of any player, we do reserve the right to refuse use of our clubroom to anyone who violates our codes of conduct.
The following is deemed inappropriate conduct:
* Collusion with another player of any sort or any other form of cheating;
* Agreeing to take any action when there is another player all-in;
* Telling anyone your down cards before a hand is complete;
* Needlessly stalling the action in a game;
* Selling play chips or tournament points for cash;
* Attempting in any way to induce a player to leave a game to play in another.
Players conducting chats that are deemed inappropriate or abusive may have chat privileges revoked temporarily or permanently. This behavior includes:
* Verbally threatening any customer or employee or using profanity or obscene language.
* Making statements that could unfairly influence the action in a game (e.g., telling a player he has made the wrong hand).
* Chatting in any language other than English during game play (trivial exceptions will be made).
* Begging other players for play chips or tournament points.
* Advertising websites or other commercial services.
* Typing words, characters or phrases that make it difficult for others to use the chat feature.
* Spamming tables with announcements of private tournaments or sit 'n go events.
* Coaching players or suggesting how others should play their hand with respect to another player's hands.
* Management reserves the right to make decisions in the interest of fairness and players' previous chat history with us.
* The decision of our management is final.
When reporting player behavior that violates our code of conduct or reporting game concerns to member services, players should include table and hand numbers to indicate when and where the violation or problem took place.
1. CLUB MEMBERSHIP AND SUBSCRIPTION FEE
1) We charge a fee for membership. Members receive certain membership benefits, which may vary from time to time, including, newsletters, access to an on-line magazine, discount coupons, special offers, and Live Chat. These are benefits that are not available to Non-members. Club members will also have access to play in Club Tournaments and participate in related activities without having to complete mail-in registration. Note, we reserve the right in our sole discretion to substitute, modify or terminate specific club benefits . Please check "club benefits" for current club offerings. You have no right to s specific club member benefit.
2) There are three (3) membership options, monthly, quarterly and annual. CLUB MEMBERSHIP FEES ARE PAYABLE IN ADVANCE. Monthly memberships ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON. Prepaid memberships, such as annual, or quarterly memberships may be cancelled and refunds will be issued in a prorated manner on a monthly basis. In order to cancel your membership you must follow the cancellation instructions which are found on the My Account tab on the site.
3) We reserve the right to change the fees or billing methods at any time. Notice of any change will be posted at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements to obtain timely notice of such changes. Continued use by you of the Service thirty (30) days after posting of the changes constitutes acceptance of such changes. If you decide to cancel your Club membership, which you can do at anytime up to five (5) days before the next billing period without being billed for the next period, we will not refund any fees accrued to your Account before you canceled. In our sole discretion, we allow you a grace period to remain a "conditional member". As a conditional member you will have up to six (6) days after expiration of you membership to renew your membership by paying the amount then due. During the grace period you will be eligible to play in tournaments, but will not be eligible to claim any prizes won if you do not renew your membership during the grace period.
4) Club members, trial members and alternative means of entry players (see section 5 below) receive 500 Tournament Points when they open an account. If a Club account falls below 500 Tournament Points at 12:01 A.M. Eastern Standard Time on any day, the account will be reset to 500 Tournament Points as that time (the "Standard Allotment"). If the player fails to use the entire balance of the Standard Allotment on a given day, the player shall not be entitled to accumulate Tournament Points in excess of the Standard Allotment (i.e., the reset balance of players with balances less than 500 points will never exceed the Standard Allotment).
We reserve the right to modify the amount of Tournament Points awarded including the Standard Allotment in our sole and absolute discretion. Tournament Points have no value.
5) You Do Not Need to Join the Club to participate in tournaments. Alternative means of tournament entry. OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into Club Tournaments, a player must:
1. Register as a free player and download and install the software; and
2. For each period that you want to participate in Club Tournaments, each player must send a 3 inch x 5 inch card on which the player has legibly handwritten their Username, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address, and Date of Birth. Each card must be placed in a single separate envelope, and mailed to PO Box 30488 Las Vegas Nevada 89173. Multiple cards in a single envelope are not acceptable. If multiple cards are sent in a single envelope only one card chosen in our sole discretion, will be processed.
3. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed.
4. The usage of a service to provide the production of the 3 inch x 5 inch card will not be allowed.
5. For each individual registration, the Player will be given a 30-day period of Membership to Club Tournaments. The period will begin on the Monday following the day the mail-in entry is processed.
6. Approved mail-in entries will receive Tournament Points in accordance with Section 1.4 above or will have access to any tournament points they have accumulated in the past if greater than 500 Tournament Points.
Tournament Points accumulated during previous periods will remain with the players account.
7. We will post a listing of all upcoming tournaments in the game lobby. The game lobby is viewed by accessing the game software and clicking on the tournament game links.
8. We shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail. We will advise you of your eligibility dates by email. The odds of winning any prize will be the same by mail in entry as by online membership in the Club. The odds of qualifying through a qualifying tournament will be the same by mail in entry as by online membership in the Club, and all participants entering through this means will be accorded equal opportunities to participate and win in events held at our club, and will depend on the number of entrants.
2. PLAYER ELIGIBILITY
Subject To State and Local Laws.
1) You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering systems designed ton limit access from known ineligible jurisdictions. It is your responsibility to comply with law in your jurisdictions. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the tournament sweepstakes, or that materials on this Site are appropriate for use in your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes in the Club Tournament sweepstakes prior to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access to any potential participant.
2) For persons within the United States, to open an account and/or participate in any tournament offered on the Site, you must:
* be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
* be a U.S. citizen or resident alien with a U.S. address;
* be physically located within the U.S.; and
* be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
3) For persons NOT within the United States, to open an account and/or participate in any tournament offered on the Site, you must: be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4) The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state. See list of eligible states.
5) 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 and you will NOT BE ELIGIBLE to claim any prizes won and your membership fees may be refunded. However, if we determine that you made a deliberate effort to avoid these rules, then, in our sole and absolute discretion we may refuse to refund your membership fee.
6) Moreover, mail-in entry is not available to residents of states for any tournament in which Club services are not available.
7) The following persons are also ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its parent companies, subsidiaries, and affiliated companies; and any other person with access to non-public information regarding the operation of any tournament offered on the Site.
8) Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the tournament sweepstakes in the applicable Jurisdiction, whichever is higher.
9) Our Employees, officers, directors, and their immediate family members are not eligible to participate in any of the tournaments which award cash, merchandise, and/or tournament points. For purpose of the foregoing "immediate family" means parents, grandparents, spouses, children, siblings or any members of the same households of such employees, officers, and directors.
3. RIGHT TO CANCEL OR MODIFY TOURNAMENT SCHEDULE OR GAMES OFFERED
No warranty or representation is made that the prize pool will consist of a specific amount or number of tournaments or kind of tournaments. We reserve the right, in our sole discretion to modify the tournaments, kinds and types of games offered and the scheduling of all games and tournaments. If we, IN OUR SOLE DISCRETION determine that operating the tournament sweepstakes IN WHOLE OR IN PART is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in one or more of the tournament contests, then we may cancel OR MODIFY all or any of the tournaments and we shall owe you nothing. You understand an acknowledge that as a CLUB member, you are receiving benefits of membership exclusive of the opportunity to participate in tournaments and that you may terminate your membership in accordance with the Terms and Conditions.
4. PRIZE SUBSTITUTION
We reserve the right to provide substitute prizes or cash value in the event that we or the vendor are unable to meet reasonable delivery requirements or in the event than a tournament winner is located outside the continental United States. See general list of tournament prizes.
5. PRIZE DELIVERY TIME
Unless otherwise specified, PRIZES, WHETHER CASH OR merchandise will ship within 30 days of the date the prize is claimed by the winning player and eligibility is verified. All goods are shipped F.O.B. Origin, and accordingly the Site takes no responsibility for any damage incurred during shipping. In certain specifically disclosed merchandise tournaments, the Site may choose to bear the cost of shipping within the continental U.S., although the Site is under no obligation to do so.
6. MERCHANDISE PRIZE WARRANTIES
In the case of merchandise covered by a manufacturer's warranty, the manufacturer and not the Site is 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 the Site is not responsible for any defects, use or misuse or repairs. The Site makes no representations or warranties with respect to the authenticity or genuineness of any merchandise prizes, particularly collectible prizes.
7. TRAVEL PRIZES
Prizes involving travel and tourism will be from a specified list of cities. Any player 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. The Site is not responsible for any damage, injury or other liability incurred in connection with any travel or tourism, nor is the Site responsible for any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.
1) United States Federal Tax Regulations requires that you complete and return form W9 and that we issue you a form 1099 at the end of each calendar year if you have won prizes of $600.00 or more in the calendar year. However, 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) As with our cash prize tournaments, users are responsible for applicable income taxes for merchandise prizes. Either the Manufacturer's Suggested Retail Price, or Site acquisition price, at our discretion, will be used as the cash value of the merchandise prize.
3) Non US residents will be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the Federal Income Tax Regulations require.
9. PROMOTIONAL ACTIVITIES
1) By registering for an account, you agree that the Site may display your user name, prize winnings and tournament records. By accepting any prize from the Site, you agree to allow the Site to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as the company may require for this purpose.
1) Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to that:
* you are at least eighteen (18) years of age, or the legal age to participate in a tournament sweepstakes in the applicable Jurisdiction, whichever is higher;
* your access to the Site, your participation in tournament sweepstakes, and our offering and operating the tournament sweepstakes are legal in your applicable Jurisdiction;
* the e-mail address submitted by you is owned or controlled by you; and
* all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by us.
2) By applying for registration, you authorize us to make any and all inquiries as we in our sole discretion consider necessary to verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as we may require, at any time. We reserve the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
3) Changes to Your Account.
In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by sending an e-mail to firstname.lastname@example.org.
4) One Account Only.
You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for yourself. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.
11. CLUB SERVICES BILLING
1) By completing the Club registration, you authorize us to charge applicable recurring Club fees to your designated credit card. Monthly Club members are billed on a calendar-month cycle, which begins upon Club registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends one calendar month thereafter (each a "Club Month"). The date you are billed is the same date each month. That date was determined by the date the account was first billed. If that day of the month does not exist in a subsequent month, then the payment will be made on the first day of the following month and will stay permanently on that day. (For example, if a player started his subscription on January 31, then his next payment date would be March 1 and then April 1, etc.) If you have signed up for an annual, semi-annual, or quarterly Club plan, you are billed one time at the beginning of each applicable billing period.
2) If you do not cancel before the end of the period, we will automatically renew your Club plan at the end of the period and you will be billed according to the plan you are currently on.
3) You are responsible for reviewing the terms and conditions section of obtain timely notice of such changes. Continued use of the Service of thirty (30) days after posting of the changes means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Club membership. To cancel your Club membership log in to the game client and go to the My Account area for cancellation instructions. You can cancel your Club membership anytime.
4) Credit Card Authorizations for Free Trial Memberships. You must provide credit card information to register for all free trial offers to the Club Service. By signing up for a free trial, you agree that we may obtain a pre-authorization of up to $20. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, we are not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of the Club, we will bill your Account when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the site, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
5) The following three billing plans will be available. - Monthly: $19.95. Billed each month. - Quarterly: $53.85. Billed once every 3 months. - Annually: $179.40. Billed once every 12 months.
12. ACCOUNT IDENTIFIERS
1) 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 Site. 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 Site where your Identifiers have been used (and where you have not previously notified us as provided herein) will be treated as valid.
2) 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 participate in tournament sweepstakes, and in no event 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 or winnings and may be reported to the relevant authorities.
3) You Are Responsible.
You agree to be solely responsible for all use of the Site (including without limitation participation in tournament sweepstakes) 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 our parent company, affiliates, managers, agents and directors, licensors and licensee for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
13. SITE USE
1) Services May Change or End. We reserve the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
2) You Must Obey Guidelines and Rules.
When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from us and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden. See General Rules of the games offered.
3) Telecom and Access Fees.
You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
4) Odds, Risk and Fair Play.
You acknowledge and agree that the tournament sweepstakes are skill based contests that measure your ability to play poker and blackjack and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor. The results of all tournaments offered on the site depend on the number of the players participating in such tournaments; precise odds of winning are therefore unavailable.
You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. 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 Site, 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.
6) Behavior & Responsibility.
1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any website or use of any portion of the Site for any commercial purposes.
2. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any of our websites. You acknowledge and understand that any attempt to participate in any service offered on any of our websites by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud in regards to any of our websites, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
3. You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time-to-time at our sole discretion.
4. You agree that we are not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any of our sites or any third party sites.
5. Any attempt to defraud us through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
6. You agree that we are not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the site or your account.
7. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits there from, and may not allow any other person to access your account, access any of our websites, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on our sites, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
8. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in our sole discretion.
7) Computer Errors.
You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify us by e-mail at firstname.lastname@example.org. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our sole discretion, the result of a system error or malfunction.
Whenever we request additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by us. Such materials will become our property and will not be returned to you.
1. If you are a Club member and you refer a "valid person" (as defined below) to us through our referral process, and that person becomes a paying member of and remains a paying member for three consecutive months, you will receive ten dollars (US$10).
2. A "valid person" must be a new customer (and unique to us), over the age of 18 that registers and
a) Is not be registered under any other name or alias
b) Submits a valid email address
c) Submits their legal First and Last Name
d) Submits a complete valid mailing address
e) Accepts our Terms & Conditions and Meets all other qualifications to be a Club member and to play on the Site as set forth in these terms and conditions, as they may be modified from time to time.
f) We reserves the right to determine in its sole discretion whether a customer is a "valid person."
3. By entering a referral e-mail address, you hereby authorize us to use your name to extend an invitation to the user of that e-mail address to join the Club.
4. We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus, and of referral program rules.
5. Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.
14. THIRD PARTY WEBSITES
1) Other Sites Are Not Our Responsibility.
This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under our direct control and you acknowledge that we are not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
2) Future Marketing.
You hereby acknowledge and agree that we and/or our affiliates, licensors and licensee may market products and services to you in the future.
15. PROPRIETARY RIGHTS
1) Intellectual Property.
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of the respective owner. Except as expressly authorized in writing , you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer t any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
2) License. You are hereby granted a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
16. NO WARRANTY
1) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,WE ON BEHALF OF OURSELVES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
2) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
3) WE DO NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ON BEHALF OF OURSELVES AND OUR LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSOR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE 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 WE OR OUR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18. SOLE REMEDY
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 ACTIONMAY 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 ourselves, our parents, our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and our licensors 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 Site, including any data or work transmitted or received by you or any service provider; (c) your connection to our websites; (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.
Players are reminded to print all transaction data, payment methods and these Terms in order to avoid misunderstandings at a later time.
Revision Date: February, 2009