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LAST UPDATED: December, 2007
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY BINDING
AGREEMENT BETWEEN RED POT SERVICES LTD., UNDER THE BRAND NAME OF POKERPROFESSOR.COM
AND YOURSELF (THIS "AGREEMENT"). PLEASE MAKE SURE YOU FULLY
UNDERSTAND THE CONTENTS OF THIS AGREEMENT. IF YOU HAVE ANY DOUBTS ABOUT ANY OF
YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THIS AGREEMENT, PLEASE
CONSULT LEGAL COUNSEL IN YOUR JURISDICTION.
THE APPLICATION FOR AND ACCPETANCE OF REGISTRATION
AT POKERPROFESSOR.COM WILL AUTOMATICALLY MAKE THIS END-USER AGREEMENT A BINDING
AGREEMENT BETWEEN US, AND WILL SERVE TO ACKNOWLEDGE THAT YOU HAVE READ AND
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY
POLICY SET OUT AT http://www.pokerprofessor.com/privacy
.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS
AGREEMENT, DO NOT APPLY FOR REGISTRATION AT POKERPROFESSOR.COM, AND DO NOT USE
ANY OF THE SERVICES PROVIDED ON THE WEBSITE.
1 DEFINITIONS
The following words and terms, when used with this Agreement,
shall have the following meanings, unless the context clearly indicates
otherwise:
Applicable Laws - any laws, rules and regulations relating
to online gambling, access to or use of the Website, and that apply to you in
the country where you live, and, if different, from which you are conducting
such activities, and that otherwise apply to you.
Us/We/Ours - Red Pot services ltd.,
www.pokerprofessor.com
User Account - one personal single account
pertaining to one domestic household address, opened by an individual and
maintained with us to enable that person to conduct activities on the Website;
Username and Password - the username and password chosen
by a person upon registration with the Website;
Website - our internet website at
pokerprofessor.com.
You - the user of the Website.
2 LEGAL REQUIREMENTS AND RESTRICTIONS
2.1 You can only use the Website if you are the
legal age as determined by Applicable Laws. In any event and under any
circumstances, you cannot use the Website if you are under 18 years of age.
2.2 Some legal jurisdictions have not addressed the
legality of online gambling and others have specifically made online gambling
illegal. This may or may not apply to the activities offered on the Website. We
make no representation or warranty with respect to the legality or otherwise of
the access to and use of the Website under any Applicable Laws. We do not
intend for anyone to use the Website where such use is illegal, and the
availability of the Website does not constitute an offer or invitation by us to
use the Website in any place in which such use is illegal. Use of the Website
is forbidden wherever prohibited by any Applicable Laws and you accept sole
responsibility for determining whether your use of the Website is legal under
any Applicable Laws.
2.3 We shall be entitled to inform relevant
authorities and other relevant third parties of your identity and of any
suspected unlawful, fraudulent or improper activity, and you will cooperate
fully with us to investigate any such activity.
2.4 The access and use of the Website is not
permitted from certain territories which are identified in the following
paragraph, of which YOU SHOULD NOT BE A RESIDENT AND FROM WHICH YOU ARE NOT
ALLOWED TO ACCESS OR USE THE WEBSITE.
This list may be changed by us from time to time and
IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY THIS END-USER AGREEMENT IN OUR
WEBSITE REGARDING ANY CHANGES TO THIS LIST. THIS LIST AS IT MAY BE UPDATED FROM
TIME TO TIME DOES NOT DEROGATE FROM YOUR RESPONSIBILITY TO VERIFY FOR YOURSELF
THE LEGALITY OF ACCESSING AND USING THE WEBSITE UNDER ANY APPLICABLE LAWS.
THE EXCLUDED TERRITORIES ARE AS FOLLOWS:
THE UNITED STATES AND ITS TERRITORIES, ISRAEL,
ANTIGUA AND BARBUDA, NETHERLANDS ANTILLES, ESTONIA, CYPRUS, KAHNAWAKE, BULGARIA,
HONG KONG, CHINA, THE PHILIPPINES AND TURKEY.
2.5 You are not permitted to and will not permit or
assist others to:
2.5.1 copy or translate any user documentation or content provided
'online' or in electronic format; or
2.5.2 enter, access or attempt to enter or access
or otherwise bypass the applicable security system or interfere in any way
(including but not limited to robots and similar devices) with the Website, or
attempt to make any changes to the contents on the Website and/or any features
or components thereof.
2.6 Any trade marks, service marks
and/or trade names used by us on the Website from time to time (the "Trade
Marks") are the trade marks, service marks and/or trade names of ours or our
affiliates or licensors, and we and/or such entities, as applicable, reserve
all rights to the Trade Marks. In addition, other content on the Website,
including, but not limited to, images, pictures, graphics, photographs,
animations, videos, music, audio and text (the "Site Content")
belongs to us or our affiliates or licensors and is protected by copyright
and/or other intellectual property rights. You hereby acknowledge that by accessing
and using the Website you obtain no rights in or to the Trade Marks or the Site
Content and must not use them without our prior written consent.
3 SECURITY AND DATA PROTECTION
3.1 We only allow access to some parts of the Website
through secured networks using encryption of the user name and password.
3.2 You will not break in, access or attempt to
break in or access or otherwise by-pass our security. If we suspect that you
have attempted to or may be attempting to break in, access or otherwise by-pass
our security, we will be entitled to terminate with immediate effect your
access to the Website and/or have your account blocked, and we reserve the
right to inform the applicable authorities.
3.3 We will only use your personal information in
accordance with our privacy policy, which is set out in full at http://www.pokerprofessor.com/privacy, subject at all times to the following clause 4.4. We reserve the right to
amend the Privacy Policy at any time and any amended Privacy Policy will become
effective when posted on the Website. We may also ask you to provide us with
additional details and any such additional information will also be kept
confidential in accordance with our Privacy Policy or as set forth below.
3.4 We will be entitled, under certain
circumstances, to disclose certain details to relevant authorities should it be
required under any applicable law or by any governmental or regulatory body, to
the extent required by law. We shall also be entitled
to use any information we have about you for the purpose of anti-fraud
verification activities, and to disclose information pursuant to clause 2.3
above.
4 YOUR RESPONSIBILITIES
4.1 You are solely responsible to determine whether
the access and use of the Website by you, are permitted under any Applicable
Laws.
4.2 You shall not transfer in any way whatsoever
your rights under this Agreement, without our prior written consent, which may
be given in our sole discretion.
4.3 It is your responsibility to inform us of any
changes to your registration details.
4.4 You may not use the Website for any commercial
use or on behalf of another person. Any use of the Website by you is for your own
private purposes only. You may only have one User
Account, for which you will register using your own, correct name, and
each User Account shall only have one personal single account-holder pertaining
to one domestic household address.
4.5 You may use our bonus code only once to receive
a bonus at a play-for-real website. Such bonus at such play-for-real website
shall be granted by the operator of such website and subject to the terms and
conditions of such website.
4.6 You must keep your Username and Password
confidential and should not disclose them to anyone. You shall be responsible
for all activities conducted on your User Account. Every person who identifies
him/herself by entering your correct Username and Password is assumed by us to
be you, and all activities where the Username and Password have been entered
correctly will be regarded as valid. We will not be
responsible for any third party access to your User Account and under no
circumstances shall we be liable for any damages incurred by you as a result of
misuse of your Username and Password by any person or for any unauthorized
access to your User Account.
4.7 You may not use anyone else's user name or password,
and you will not use any other person's User Account to access or use the Website.
4.8 You shall provide us at our request with all
information requested by us and necessary for your registration and continued
participation on the Website.
4.9 You will not commit any acts or engage in any
conduct that is or that could be reasonably expected to be damaging to our
reputation or to the reputation of any other related service providers.
4.10 It is your responsibility to check from time
to time and see whether there is an updated version in accordance with clause 9
below.
4.11 You will fully indemnify, defend and hold us
and our officers, directors, employees, agents, contractors and suppliers
harmless from and against any and all losses, costs, expenses, claims, demands,
liabilities and damages (including legal fees), however caused, that may arise
as a result of or in connection with (a) access and use of the Website by
yourself or by anyone else using your Username and Password; or (b) breach by
you of any of the terms and provisions of this Agreement.
5 YOUR WARRANTIES AND REPRESENTATIONS
You hereby warrant and represent to us that:
5.1 you are not a resident of any of the excluded
territories specified as such in clause 2.4 above, as this list may be updated
from time to time, and you are not attempting to access or use the Website from
any of these territories;
5.2 you are acting on your own behalf;
5.3 you are not restricted by limited legal
capacity;
5.4 you are not classified as a compulsive gambler;
5.5 all details which you give or have given in the
process of registering with the Website are accurate and you will continue to
update such details in the event of any changes;
5.6 you do not otherwise conduct criminal or unlawful
activities and/or intend to utilize the knowledge gained from using the Website
in connection with such activities;
5.7 you are not under the age of either (i) 18; or
(ii) the age at which gambling activities (whether or not activities such as
offered on the Website are considered gambling activities in the applicable
jurisdiction) are legal under the law of the jurisdiction that applies to you,
whichever is greater;
5.8 you are not one of our officers, directors,
employees, consultants or agents or of one of our affiliated or subsidiary
companies, or suppliers or vendors, and you are not a relative of any of them (for
the purpose of this clause, the term "relative" means spouse,
partner, parent, child or sibling);
5.9 you have not previously held a user account with
us or with any online gaming operator which was suspended or terminated either
by us or by such online gaming operator;
5.10 you have not received in the past any bonus on
any website in connection with the iPoker network; and
5.11 in registering for and using the Website, you will not provide any information or
make any statement to us which is untrue, false, incorrect, incomplete or
misleading.
6 OUR RIGHTS
6.1 We reserve, at our sole discretion, the right
to change, suspend, remove, modify or add any offer, service, activity or
content on the Website.
6.2 We may, in our discretion, refuse to register
any applicant for registration on the Website.
6.3 We may at any time disclose certain personal
information of yours to third parties in accordance with our Privacy Policy and
with clause 2.3 above.
6.4 Notwithstanding anything stated or implied to
the contrary in this Agreement, we may at any time, without prior notice to you
and without derogating from our other rights under this Agreement, terminate your use of the Website if we
suspect or believe that you are in breach of any of the terms and conditions of
this Agreement or for any other reason in our discretion.
6.5 We may transfer, assign, sublicense or pledge
this Agreement, in whole or in part, to any person or entity without notice,
and you will be deemed to have given your consent to any such assignment.
6.6 We may change our free bankroll bonus policy,
and the conditions for receiving the bonus, at any time in our discretion.
7 EXCLUSIONS AND LIMITATION OF LIABILITY
7.1 THE WEBSITE AND ANY CONTENTS THEREON ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE AND ALL OF OUR AFFILIATES AND
RELATED PARTIES, HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES
(INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS
FOR ANY PARTICULAR PURPOSE), AND DO NOT WARRANT THAT THE WEBSITE OR ANY
CONTENTS OR SERVICES OFFERED THEREON WILL MEET YOUR REQUIREMENTS.
7.2 NEITHER WE NOR ANY OF OUR AFFILIATES AND
RELATED PARTIES, WARRANT OR GUARANTEE (1) THAT THE OPERATION OF THE WEBSITE
WILL BE ERROR FREE OR UNINTERRUPTED, (2) THAT ANY DEFECTS IN THE WEBSITE WILL
BE CORRECTED, OR (3) THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF
ANY INFORMATION TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE
INTERNET.
7.3 NEITHER WE NOR ANY OF OUR AFFILIATES AND
RELATED PARTIES, WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS,
EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM COMMUNICATIONS OR SYSTEM
ERRORS OCCURING IN CONNECTION WITH ANY FEATURES OR COMPONENTS OF THE WEBSITE OR
ITS CONTENTS. IN THE EVENT OF SUCH ERRORS, WE WILL FURTHER HAVE THE RIGHT, BUT
NOT THE OBLIGATION, TO REMOVE ANY RELEVANT COMPONENTS FROM THE WEBSITE AND TAKE
ANY OTHER ACTION TO CORRECT SUCH ERRORS.
7.4 We shall have no liability regarding the use
you make of the bonus received through our service on any play-for-real
website, if any, or any action or default of the operator of such play-for-real
site. The receipt of such bonus, if any, shall be governed by the applicable
terms and conditions of the play-for-real website on which such bonus is received.
7.5 WITHOUT DEROGATING FROM ANY OF THE FOREGOING, IN NO
EVENT SHALL WE, OR any of our affiliates and related parties, BE
LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL
DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS,
PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR LOSS OR DAMAGE ARISING
FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, WHETHER OR NOT THE POSSIBILITY OF
SUCH LOSS OR DAMAGE IS FORESEEABLE OR HAS BEEN NOTIFIED TO US AHEAD OF TIME.
8 CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
8.1 We may, at our sole discretion, make changes to
this Agreement or to the Privacy Policy at any time.
8.2 Any changes will take effect from the date specified
on the Website's terms and conditions (End-User Agreement). It is important,
therefore, that you log in to the Website's terms and conditions from time to
time and check to see whether there is any updated version. You are solely
responsible for learning of any such updated versions and changes.
8.3 If you continue to use the Website after we
have updated the changes, you agree to be bound by those changes whether or not
you have had actual notice of, or have read, the relevant changes. If you do
not agree to be bound by relevant changes, you should not continue to use the
Website any further.
9 TERM
This Agreement is effective from the moment of acceptance
of your registration , and shall remain in force for an indefinite time unless
terminated in accordance with clause 7.4. For the avoidance of doubt, it is
agreed that you are bound by this Agreement if you use the Website in any way.
10 GOVERNING LAW
10.1 The construction, validity and performance of
this Agreement will be governed by English law. The competent court in London will have
exclusive jurisdiction in any matter arising from or related to this Agreement.
However, this shall not prevent us from bringing any action in the court of any
other jurisdiction for injunctive or similar relief. The English language
version of this Agreement will prevail over any other language version issued
by us.
10.2 The illegality, invalidity or enforceability
of any provision of this Agreement will not affect the legality, validity or
enforceability of the remaining provisions of this Agreement.
11 NOTICES
11.1 You agree to receive communications from us in
an electronic form. Electronic communications may be posted on the pages within
the Website and/or the messages/help files of your client application, and/or
delivered to your e-mail address, as shall be decided by us from time to time.
All communications in either electronic or paper format will be considered to
be "in writing" and to have been received no later than five business
days after posting or dissemination, whether or not you have actually received
or retrieved the communication. We reserve the right, but assume no obligation,
to provide communications in paper format.
11.2 Any notices required to be given in writing to
us or any questions concerning this Agreement should be addressed to: support@pokerprofessor.com.
