User Agreement
IMPORTANT
– PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING
THIS AGREEMENT. BY CLICKING THE 'I ACCEPT THE POKER CURIOUS USER
AGREEMENT' BOX UPON REGISTRATION, OR BY LOGGING IN TO YOUR ACCOUNT AT
OUR WEBSITE, OR BY DOWNLOADING/COPYING CONTENT FROM OUR WEBSITE, YOU
ACCEPT THESE TERMS AND CONDITIONS.
This Agreement is formed between you and Poker Curious LLC (the "Company", "we", "us" or "our" as appropriate). Throughout this Agreement, those who use our Services (defined below) are referred to as "you." The Company provides the Services on the website at www.pokercurious.com (the “Website”).
1. Services
The Company provides community, navigation, education and forums for poker players (the “Services”). The Services are provided subject to this Agreement, as it may be amended by us and any guidelines, rules or operating policies we may establish and post from time to time (the "Agreement") here or at our Website, or by otherwise providing notice to you. We may discontinue or revise any or all aspects of the Services at our sole discretion.
a. The Services are available only to persons who complete the Registration process on our Website. Registered users are not permitted to share account privileges or username/password combinations with any other person. Violators are subject to account suspension or account termination, with or without notice, and forfeiture of any membership fees, if applicable.
b. You must complete the registration on the Registration pages in order to use some of our Services. You agree to provide true, accurate, current, and complete information as requested in the registration process. You are responsible for maintaining the security of your account, passwords, files and for all uses of your account and of the Services in your name. The Company reserves the right to refuse registration of, suspend, or cancel, accounts upon (1) your breach of this Agreement, or (2) the request of any law enforcement or regulatory agency, or pursuant to any order issued by a court of competent jurisdiction. You hereby acknowledge the Company may, from time to time, verify any information you provide to us, whether on the Registration page or otherwise in connection with your use of the Services.
2. Limited License
All Services provided via our Website, and all content included on our Website (such as text, videos, documents, graphics and software) is the property of the Company and/or its licensors and suppliers and is protected by domestic and international copyright and trademark laws. All Services and content downloaded from our Website is for private and non-commercial use by you only. Any sale or transfer to others, or reproduction for the purpose of commercial distribution, is strictly prohibited. You agree not to remove, obscure, or deface any proprietary notices or labels from the Services or any Website content, or modify, translate or create derivative works based on the Services or any Website content. Ownership of the copyrighted materials shall remain exclusively the property of the Company and you are granted no rights other than those explicitly set forth herein. Aside from a revocable and temporary license to use the Services and download Website content as provided in this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any proprietary rights or interests to you.
3. Your Indemnification, Representations and Warranties
You hereby unconditionally represent, covenant and warrant that: (a) the name and mailing address on your Registration is your true and legal name and postal address and is identical to the name and address on any payment account controlled by you, through which you deposit or receive monies; (b) your use of the Services is lawful and in full compliance with this Agreement; (c) your use of the Services does not violate or infringe upon the rights of others; (d) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Services; (e) you will not upload or post to the Website any information or materials that is protected by copyright, trademark, or other proprietary rights without the written permission of the owner of that copyright, trademark, or other proprietary right; (f) by submitting any material to the Company or on any public area of the Website, you automatically grant or warrant that the owner of such material has expressly granted the Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (g) you will not share your password with others; (h) you will not reverse-engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any software used by the Company to protect its proprietary interests in the Service or related materials.
You hereby indemnify and hold harmless the Company and its officers, employees, agents and advisors against any and all damages, losses, liabilities, settlements and expenses (including without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that arises from (a) your use or misuse of the Services, (b) your violation of any law or regulation, including without limitation any laws regarding copyright, trademark, and other proprietary rights, invasion of privacy, slander and defamation, and gaming, (c) any and all sums which you claim are due from the Company and that exceed the limitation of liability stated below in Section 5 of this Agreement, or (d) your breach of any other representation, warranty or covenant made by you under this Agreement.
4. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, PERFORMANCE, DESIRED RESULTS, OR SUITABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY GAMBLING LOSSES INCURRED BY YOU. IF YOU HAVE REASON TO BELIEVE YOU MAY HAVE A GAMBLING PROBLEM, YOU SHOULD SEEK PROFESSIONAL ASSISTANCE IMMEDIATELY. WE DO NOT PROVIDE ANY SUCH ASSISTANCE AND NO PERSON IS AUTHORIZED TO TELL YOU OTHERWISE.
THE COMPANY DOES NOT WARRANT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE SERVICES AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES AND ABILITIES.
5. Limitation of Liabilities and Remedies
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, THE COMPANY AND ITS EMPLOYEES, ADVISORS AND AGENTS SHALL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM OR THROUGH YOU) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, STRICT LIABILITY, TORT, OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO US BY YOU (IF ANY) FOR USE OF THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR THE COMPANY TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
6. Security Audit
To maintain the security and integrity of our Services, the Company reserves the right to conduct a security audit (“Security Audit”) at any time to validate your registration information provided by you and to ensure you are not in breach of this Agreement or any applicable laws. You hereby authorize us and our agents to make any inquiries of you and take any lawful measures to validate the information you provide to us or should provide to us in accordance with this Agreement. In addition, to facilitate these Security Audits, you agree to provide such information or documentation as the Company may request from time to time to ensure you are in full compliance with this Agreement.
7. Termination
The Company may immediately suspend or terminate your ability to use our Services for any reason, including without limitation: (a) failure to comply with this Agreement at all times; (b) failure to cooperate with the Company or failure to respond to any Company request for information within 10 days, pursuant to a Security Audit; (c) any attempt to defraud the Company or any other user of the Services or; (d) at the request of your parent/legal guardian, if you are a deemed a minor in the state in which you reside.
Upon termination for any reason by the Company, Section 5 of this Agreement relating to “Limitation of Liabilities and Remedies” shall survive and continue in full force and effect until fulfilled.
8. General Provisions
a. Any opinions, advice, statements, services, offers or other information and content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Company employees while acting in their official capacities.
b. If any provision of the Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited so the balance of this Agreement will otherwise continue in full force and effect. Additionally, any provision(s) held wholly or partly invalid or unenforceable shall be deemed amended and the court is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the intent of the parties as shown herein.
c. The Company and you agree the Agreement is the complete and exclusive statement of the mutual understanding between you and us and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant Website page of PokerCurious.com or any place through which you access the Services. Any such modification will take effect immediately upon notification and, in any event, within 30 days of publication. If any modification is unacceptable to you, your only recourse is to terminate your PokerCurious membership. Your continued use of the Services following notification will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you access your account.
d. We reserve the right to transfer or assign this Agreement, in whole or in part, to any person or entity without notice and you will be deemed to consent to such assignment. You may not assign or transfer any of your rights or obligations under this Agreement.
e. This Agreement shall be governed in all respects by the laws of the State of Oregon without regard to its conflict of laws provisions. You and the Company agree the sole venue for any and all disputes arising from or related to this Agreement shall be the appropriate state or federal court located in Clackamas County of the State of Oregon. The Company and you hereby submit to the personal jurisdiction of the State of Oregon and irrevocably waive any objection based upon jurisdiction, venue and the convenience of the forum. In any action or proceeding to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.
This Agreement is formed between you and Poker Curious LLC (the "Company", "we", "us" or "our" as appropriate). Throughout this Agreement, those who use our Services (defined below) are referred to as "you." The Company provides the Services on the website at www.pokercurious.com (the “Website”).
1. Services
The Company provides community, navigation, education and forums for poker players (the “Services”). The Services are provided subject to this Agreement, as it may be amended by us and any guidelines, rules or operating policies we may establish and post from time to time (the "Agreement") here or at our Website, or by otherwise providing notice to you. We may discontinue or revise any or all aspects of the Services at our sole discretion.
a. The Services are available only to persons who complete the Registration process on our Website. Registered users are not permitted to share account privileges or username/password combinations with any other person. Violators are subject to account suspension or account termination, with or without notice, and forfeiture of any membership fees, if applicable.
b. You must complete the registration on the Registration pages in order to use some of our Services. You agree to provide true, accurate, current, and complete information as requested in the registration process. You are responsible for maintaining the security of your account, passwords, files and for all uses of your account and of the Services in your name. The Company reserves the right to refuse registration of, suspend, or cancel, accounts upon (1) your breach of this Agreement, or (2) the request of any law enforcement or regulatory agency, or pursuant to any order issued by a court of competent jurisdiction. You hereby acknowledge the Company may, from time to time, verify any information you provide to us, whether on the Registration page or otherwise in connection with your use of the Services.
2. Limited License
All Services provided via our Website, and all content included on our Website (such as text, videos, documents, graphics and software) is the property of the Company and/or its licensors and suppliers and is protected by domestic and international copyright and trademark laws. All Services and content downloaded from our Website is for private and non-commercial use by you only. Any sale or transfer to others, or reproduction for the purpose of commercial distribution, is strictly prohibited. You agree not to remove, obscure, or deface any proprietary notices or labels from the Services or any Website content, or modify, translate or create derivative works based on the Services or any Website content. Ownership of the copyrighted materials shall remain exclusively the property of the Company and you are granted no rights other than those explicitly set forth herein. Aside from a revocable and temporary license to use the Services and download Website content as provided in this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any proprietary rights or interests to you.
3. Your Indemnification, Representations and Warranties
You hereby unconditionally represent, covenant and warrant that: (a) the name and mailing address on your Registration is your true and legal name and postal address and is identical to the name and address on any payment account controlled by you, through which you deposit or receive monies; (b) your use of the Services is lawful and in full compliance with this Agreement; (c) your use of the Services does not violate or infringe upon the rights of others; (d) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Services; (e) you will not upload or post to the Website any information or materials that is protected by copyright, trademark, or other proprietary rights without the written permission of the owner of that copyright, trademark, or other proprietary right; (f) by submitting any material to the Company or on any public area of the Website, you automatically grant or warrant that the owner of such material has expressly granted the Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (g) you will not share your password with others; (h) you will not reverse-engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any software used by the Company to protect its proprietary interests in the Service or related materials.
You hereby indemnify and hold harmless the Company and its officers, employees, agents and advisors against any and all damages, losses, liabilities, settlements and expenses (including without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that arises from (a) your use or misuse of the Services, (b) your violation of any law or regulation, including without limitation any laws regarding copyright, trademark, and other proprietary rights, invasion of privacy, slander and defamation, and gaming, (c) any and all sums which you claim are due from the Company and that exceed the limitation of liability stated below in Section 5 of this Agreement, or (d) your breach of any other representation, warranty or covenant made by you under this Agreement.
4. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, PERFORMANCE, DESIRED RESULTS, OR SUITABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY GAMBLING LOSSES INCURRED BY YOU. IF YOU HAVE REASON TO BELIEVE YOU MAY HAVE A GAMBLING PROBLEM, YOU SHOULD SEEK PROFESSIONAL ASSISTANCE IMMEDIATELY. WE DO NOT PROVIDE ANY SUCH ASSISTANCE AND NO PERSON IS AUTHORIZED TO TELL YOU OTHERWISE.
THE COMPANY DOES NOT WARRANT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE SERVICES AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES AND ABILITIES.
5. Limitation of Liabilities and Remedies
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, THE COMPANY AND ITS EMPLOYEES, ADVISORS AND AGENTS SHALL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM OR THROUGH YOU) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, STRICT LIABILITY, TORT, OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO US BY YOU (IF ANY) FOR USE OF THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR THE COMPANY TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
6. Security Audit
To maintain the security and integrity of our Services, the Company reserves the right to conduct a security audit (“Security Audit”) at any time to validate your registration information provided by you and to ensure you are not in breach of this Agreement or any applicable laws. You hereby authorize us and our agents to make any inquiries of you and take any lawful measures to validate the information you provide to us or should provide to us in accordance with this Agreement. In addition, to facilitate these Security Audits, you agree to provide such information or documentation as the Company may request from time to time to ensure you are in full compliance with this Agreement.
7. Termination
The Company may immediately suspend or terminate your ability to use our Services for any reason, including without limitation: (a) failure to comply with this Agreement at all times; (b) failure to cooperate with the Company or failure to respond to any Company request for information within 10 days, pursuant to a Security Audit; (c) any attempt to defraud the Company or any other user of the Services or; (d) at the request of your parent/legal guardian, if you are a deemed a minor in the state in which you reside.
Upon termination for any reason by the Company, Section 5 of this Agreement relating to “Limitation of Liabilities and Remedies” shall survive and continue in full force and effect until fulfilled.
8. General Provisions
a. Any opinions, advice, statements, services, offers or other information and content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Company employees while acting in their official capacities.
b. If any provision of the Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited so the balance of this Agreement will otherwise continue in full force and effect. Additionally, any provision(s) held wholly or partly invalid or unenforceable shall be deemed amended and the court is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the intent of the parties as shown herein.
c. The Company and you agree the Agreement is the complete and exclusive statement of the mutual understanding between you and us and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant Website page of PokerCurious.com or any place through which you access the Services. Any such modification will take effect immediately upon notification and, in any event, within 30 days of publication. If any modification is unacceptable to you, your only recourse is to terminate your PokerCurious membership. Your continued use of the Services following notification will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you access your account.
d. We reserve the right to transfer or assign this Agreement, in whole or in part, to any person or entity without notice and you will be deemed to consent to such assignment. You may not assign or transfer any of your rights or obligations under this Agreement.
e. This Agreement shall be governed in all respects by the laws of the State of Oregon without regard to its conflict of laws provisions. You and the Company agree the sole venue for any and all disputes arising from or related to this Agreement shall be the appropriate state or federal court located in Clackamas County of the State of Oregon. The Company and you hereby submit to the personal jurisdiction of the State of Oregon and irrevocably waive any objection based upon jurisdiction, venue and the convenience of the forum. In any action or proceeding to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.