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Terms of
Service and License Agreement
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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