Welcome to PokerFan.com. Basically, what's on this site
belongs to us, and we are not responsible for you. The following terms and
conditions apply to your use of this Website, including access to the Services
(as defined below) and Content (as defined below) available through the
Website. Please read these terms and conditions carefully before using the
Website, accessing the Content and/or using the Services. By using the Website,
the Services, or the Content, you are consenting to the terms and conditions in
this terms of service agreement as they apply to you and your usage and access.
Your use of the Website, the Content, and the Services is also subject to all
applicable laws and regulations. If you do not agree to any of the terms of
service in this agreement (the "TOS"), you should not use the Website, the
Services, or the Content. Your use of the Website, the Content, and the
Services is also governed by our Privacy Policy, which is available through a
link on our homepage as well as most of the other pages on the Website.
We hope you enjoy PokerFan.com!
1. TERMS OF SERVICE
PokerFan.com provides the Website, the Content, and the Services to you subject
to the following Terms of Service ("TOS"). The TOS may be updated by us from
time to time without notice to you. We suggest that from time to time you
review the TOS for possible changes. In addition, when using any Services or
accessing any Content, you will be subject to any posted guidelines or rules
applicable to such Services or Content. All such additional guidelines or rules
are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
PokerFan.com currently provides users with various features and services,
including game review, tournament information, and other interactive and
non-interactive features, all of which may be updated, deleted, or otherwise
modified from time to time at the discretion of PokerFan.com. In addition,
PokerFan.com provides access to certain photographs, text, images, logos, and
other media and intellectual property related to or otherwise associated with
PokerFan.com. Unless stated otherwise, the Website, the Services, and the
Content are subject to the TOS. You understand and agree that the Website, the
Services, and the Content are provided "AS IS" and that PokerFan.com assumes no
responsibility in connection with your use of the Website, the Services, or the
Content. The Website, the Services, and the Content are provided for your
non-commercial entertainment and enjoyment. Under the TOS, you may download
certain Content and Services available on the Website to a single personal
computing device for your use and entertainment. However, you may not
distribute, modify, republish, or publicly display any of the Content or
Services unless you have the prior written permission of PokerFan.com, which
permission may be withheld at PokerFan.com's sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must
obtain access to the World Wide Web and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other
access device.
4. BACKGROUND INFORMATION
In order to use the Services, you may be required to register with PokerFan.com
by providing certain information about yourself, including your name and e-mail
address. In consideration of your use of the Services, you agree to provide
true, accurate, current and complete information about yourself as requested in
connection with the provision of and/or registration for any of the Services,
subject, of course, to all applicable laws. If you provide any information that
is untrue, inaccurate, not current, or incomplete, or PokerFan.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current, or incomplete, PokerFan.com has the right to suspend or terminate your
password and/or refuse any and all current or future use of the Services.
5. PRIVACY POLICY
All information collected about you during registration for use of the Services
will be used in accordance with our Privacy Policy and all applicable laws.
6. MEMBER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of
the Services. You are responsible for maintaining the confidentiality of the
password, and are fully responsible for all activities that occur under your
password. PokerFan.com cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 6.
7. MEMBER CONDUCT
You agree that in connection with your use of the Website, the Services, and the
Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of anyone's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
e.upload, post, email or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other intellectual property right
of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content or servers
or networks connected to the Website, the Services or the Content, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Website, the Services and/or the Content;
i. intentionally or unintentionally violate any applicable local, state,
national or international law.
8. USER MESSAGES
a.With respect to any messages, information, data, graphics, photographs,
images, creative ideas, concepts, know-how, techniques, suggestions or
improvements or other content that you transmit, submit, post or upload to the
Website and/or in connection with any of the Services (each, "Message"), you
are, by transmitting or uploading such Message, granting PokerFan.com a
perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and
irrevocable right and license to use, reproduce, modify, publish, translate,
prepare derivative works based upon, and distribute such Message for any
purpose and in any form. This license is granted automatically and no payment
of any kind will be due to you. At times, PokerFan.com may solicit Messages
from users. Your provision of any such Messages in response to a solicitation
by PokerFan.com shall be subject to a grant of a license to PokerFan.com as
specified above.
b.When any user posts any Message to the Website or any of the Services,
PokerFan.com shall have the right, but not the obligation, to review, edit or
delete any Message for any reason, at PokerFan.com's sole discretion. It is
PokerFan.com's policy to fully cooperate with law enforcement authorities and
court orders which request or require PokerFan.com to disclose personal
information or the postings of anyone posting Messages to the Website or any of
the Services. Although PokerFan.com may monitor and/or review Messages from
time to time, it is under no obligation to do so and does not assume any
liability or responsibility with respect to any Messages including those that
contain errors, defamatory content, pornography, profanity or inaccuracies.
c.You acknowledge and agree that PokerFan.com may preserve Messages and may also
disclose Messages if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Message
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of PokerFan.com, its users and the public. You understand that
the technical processing and transmission of the Services, including Messages,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
9. VOTING
PokerFan.com may offer you the opportunity to vote in connection with certain
events. By casting your vote, you are agreeing to abide by the TOS and any and
all voting guidelines posted on the Website.
10. INDEMNITY
You agree to indemnify, defend and hold harmless PokerFan.com, the directors,
governors, owners, other officials, partners, partnerships, principals,
employees, affiliates and other related entities, servants, agents,
representatives, successors and assigns from and against any claim or demand,
including reasonable attorneys' fees, arising out of Messages you post to,
submit or transmit through the Website or the Services, your use of the Website
or the Services, your connection to the Website or the Services, your violation
of the TOS, or your violation of any rights of another.
11. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
PokerFan.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website or Services (or any part
thereof) with or without notice.
12. TERMINATION
You agree that PokerFan.com, in its sole discretion, may terminate your password
or use of the Website and/or the Services, and remove and discard any Message
within the Services, for any reason, including, without limitation, for lack of
use or if PokerFan.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. PokerFan.com may also in its sole
discretion and at any time discontinue providing the Website or the Services,
or any part thereof, with or without notice. You agree that any termination of
your access to the Services under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that PokerFan.com may
immediately deactivate or delete your password and all related information
and/or files corresponding to your password and/or bar any further access to
such files or the Services.
13. PokerFan.COM ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions
of, advertisers and vendors found on or through the Services or the Website,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser and/or vendor. You agree that
PokerFan.com shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers or vendors on the Website or in connection with
the Services. All of your business dealings with vendors and advertisers
appearing on the Website or in connection with the Services shall be at your
sole risk.
14. LINKING
The Website and/or Services may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because PokerFan.com has no control
over such sites and resources, you acknowledge and agree that PokerFan.com is
not responsible for the availability of such external sites or resources, and
do not endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that PokerFan.com 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 content, goods
or services available on or through any such site or resource.
15. PROPRIETARY RIGHTS
Services and Content are the property of PokerFan.com and are licensed to
PokerFan.com and may not be reproduced without the prior written consent of
PokerFan.com. You further acknowledge and agree that (i) any necessary software
used in connection with the Website, the Services, and the Content (the
"Software") contains proprietary and confidential information that is protected
by applicable intellectual property and other laws and are either owned by or
licensed to PokerFan.com; and (ii) content contained in sponsor advertisements
or information presented to you through the Website, the Services, and the
Content or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by
PokerFan.com or advertisers, you agree not to reproduce, republish, upload,
post, transmit, distribute, copy, publicly display or otherwise use any Content
or any derivative works based on the Website, Services, Content or the
Software, in whole or in part. 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 Services.
You agree not to access the Services by any means other than through the
interface that is provided byPokerFan.com for use in accessing the Services.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.
THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PokerFan.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.PokerFan.COM MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT
WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE
SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE
SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE
OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PokerFan.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF PokerFan.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN
THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR
THE CONTENT.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The Website may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Services.
20. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains any
sponsorship, advertising, or other commercial text or graphics. All links to
the Website must be to www.PokerFan.com, the Website home page. "Deep Linking"
to internal pages of the Website is expressly prohibited.
21. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and PokerFan.com and governs
your use of the Website, the Services, and access to the Content, superseding
any prior agreements between you and PokerFan.com. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and PokerFan.com shall be governed by the laws of Canada without
regard to its conflict of law provisions. You and PokerFan.com agree to submit
to the personal and exclusive jurisdiction of the courts located within the
country of Canada. The failure of PokerFan.com to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services or the TOS
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
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