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Welcome to FindPokerPal.com and PokerLocal.com, the service for adult poker
players to meet and organize online. By using the FindPokerPal.com and
PokerLocal.com Websites (the "Website") you agree to be bound by these Terms of
Use (this "Agreement"), whether or not you register as a member ("Member"). If
you wish to become a Member and communicate with other Members and make use of
the website service (the "Service"), read these Terms of Use and indicate your
acceptance of them by following the instructions in the registration process.
PokerLocal.com is the same website as FindPokerPal.com. PokerLocal.com is a
seperate brand maintained only for business requirements.
This
Agreement sets out the legally binding terms of your use of the Website and your
membership in the Service and may be modified by FindPokerPal.com from time to
time, such modifications to be effective upon posting by FindPokerPal.com on the
Website. This Agreement includes FindPokerPal.com's Acceptable Use Policy for
Content Posted on the Website, FindPokerPal.com's Privacy Policy, and any
notices regarding the Website.
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1.
Eligibility.
You
must be eighteen or over to register as a member of FindPokerPal.com or use the
Website. Membership in the Service is void where prohibited. By using the
Website, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.
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2.
Term.
This
Agreement will remain in full force and effect while you use the Website and/or
are a Member. You may terminate your membership at any time, for any reason by
following the instructions on the Resign pages in Account Settings, or upon
receipt by FindPokerPal.com of your written or email notice of termination.
FindPokerPal.com may terminate your membership for any reason, effective upon
sending notice to you at the email address you provide in your application for
membership, or such other email address as you may later provide to
FindPokerPal.com. If FindPokerPal.com terminates your membership in the Service
because you have breached the Agreement, you will not be entitled to any refund
of unused subscription fees. Even after membership is terminated, this Agreement
will remain in effect. Even after this Agreement is terminated, certain
provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this
Agreement.
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3.
Non Commercial Use by Members.
The
Website is for the personal use of individual Members only and may not be used
in connection with any commercial endeavors. Organizations, companies, and/or
businesses may not become Members and should not use the Service or the Website
for any purpose. Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of
or linking to the Website will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive
redress.
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4.
Proprietary Rights in Content on FindPokerPal.com.
FindPokerPal.com owns and retains all proprietary rights in the Website and the
Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of FindPokerPal.com, and its licensors. Except for that
information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
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5.
Content Posted on the Site.
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a.
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You
understand and agree that FindPokerPal.com may review and delete any content,
messages (collectively, "Content") that in the sole judgment of FindPokerPal.com
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members.
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b.
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You
are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
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c.
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By
posting Content to any public area of FindPokerPal.com, you automatically grant,
and you represent and warrant that you have the right to grant, to
FindPokerPal.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing.
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d.
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The
following is a partial list of the kind of Content that is illegal or prohibited
on the Website. FindPokerPal.com reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes
Content that:
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·
is
patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
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·
harasses or advocates harassment of another person;
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·
involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
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·
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
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·
promotes an illegal or unauthorized copy of another person’s copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
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·
contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
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·
provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
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·
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses;
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·
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
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·
engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
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e.
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You
must use the Service in a manner consistent with any and all applicable laws and
regulations.
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f.
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You
may not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
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g.
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You
may not engage in advertising to, or solicitation of, other Members to buy or
sell any products or services through the Service. You may not transmit any
chain letters or junk email to other Members. Although FindPokerPal.com cannot
monitor the conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, FindPokerPal.com reserves the
right to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which FindPokerPal.com deems appropriate in
its sole discretion.
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6.
Copyright Policy.
You
may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide our Copyright Agent with
the following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on the
Website; your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf. FindPokerPal.com’s Copyright Agent for notice of claims of copyright
infringement can be reached as follows: legalaffairs@findpokerpal.com
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7.
Member Disputes.
You
are solely responsible for your interactions with other FindPokerPal.com
Members. FindPokerPal.com, Inc. reserves the right, but has no obligation, to
monitor disputes between you and other Members. Any gambling debts are
solely a matter of the members involved and FindPokerPal.com is not responsible
in any way.
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8.
Privacy.
Use
of the Website and/or the Service is also governed by our Privacy Policy.
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9.
Disclaimers.
FindPokerPal.com is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused by users
of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. FindPokerPal.com is not responsible for the
conduct, whether online or offline, of any user of the Website or Member of the
Service. FindPokerPal.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user or Member communications. FindPokerPal.com is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Website or combination thereof,
including injury or damage to users and/or Members or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the Web and/or in connection with the Service. Under no
circumstances will FindPokerPal.com be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of the Website
or the Service, any Content posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether online or offline. The
Website and the Service are provided "AS-IS" and FindPokerPal.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
FindPokerPal.com cannot guarantee and does not promise any specific results from
use of the Website and/or the Service.
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10.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will
FindPokerPal.com be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Web site or the Service, even if
FindPokerPal.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, FindPokerPal.com’s
liability to you for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any, by you to
FindPokerPal.com for the Service during the term of membership.
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11.
Disputes.
If
there is any dispute about or involving the Website and/or the Service, by using
the Website, you agree that the dispute will be governed by the laws of the
State of Texas without regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the state and federal courts of the State
of Texas, City of Dallas.
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12.
Indemnity.
You
agree to indemnify and hold FindPokerPal.com, its subsidiaries, parent
companies, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
above. This shall include any gambling losses you may incur.
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13.
Other.
This
Agreement, accepted upon use of the Website and further affirmed by becoming a
Member of the Service, contains the entire agreement between you and
FindPokerPal.com regarding the use of the Website and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
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Please contact us with any questions regarding
this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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