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 |
