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Terms of Service and License
Agreement
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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 its 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.
8. SEVERABILITY
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
the 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.
ADDENDUM
1. HOW TO JOIN THE CLUB
1) We charge a fee for membership. Members receive certain
membership benefits such as newsletters, magazines, coupons,
special offers, and Live Chat customer service that are not
available to Non-members. Club members will also be granted
access to play in Club Tournaments and participate in
related activities on our site without having to complete a
mail-in registration.
2) YOUR CLUB MEMBERSHIP FEES ARE PAYABLE MONTHLY IN ADVANCE
AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
Prepaid memberships, such as annual, semi-annual or
quarterly memberships may be cancelled and refunds will be
issued in a prorated manner on a monthly basis.
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. We will
not prorate fees for any membership.
4) Club members receive 500 Tournament Points when they open
their account. If a Club account is below 500 Tournament
Points at 12:01 AM Eastern Standard Time of any calendar
day, the account will automatically be reset to 500
Tournament Points at that time. Players may not request more
Tournament Points. If the player doesn't claim that day's
Tournament Points, it is forfeited and not recoverable on
subsequent days.
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, 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. The card must be
placed in a envelope, and mailed to PO Box 30488 Las Vegas
Nevada 89173.
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, 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.
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.
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.
3. RIGHT TO CANCEL
If we, determine that operating the tournament sweepstakes
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 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 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. DELIVERY TIME
Unless otherwise specified, 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.
8. TAXES
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.
10. REGISTRATION
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 members@theclubservices.com.
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 your self. 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 for charges billed on or after August
29, 2008. $50.85 for charges billed prior to August 29,
2008. Billed once every 3 months.
- Annually: $179.40 for charges billed on or after August
29, 2008. $155.40 for charges billed prior to August 29,
2008. 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 members@theclubservices.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.
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.
5) Cheating.
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 Site 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 the Site. You acknowledge and understand that
any attempt to participate in any service offered on the
Site by means of automatic, macro, programmed, or similar
methods, or to otherwise commit fraud, 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 in 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.
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,, 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 the Site, 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 members@theclubservices.com. 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.
8) Verification.
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 byus. Such materials will
become our property and will not be returned to you.
9) Referrals.
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 twenty
dollars (US$20).
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 OUR SELVES 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 THROUGH OR FROM THE SITE 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 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.
19. INDEMNITY
You agree to defend, indemnify and hold harmless ourselves ,
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 the Site; (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: July 2008
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