Terms & Conditions
Welcome to the World Poker Tour Foundation web site (the “Site”). Your access to and use of the Site is subject to all applicable laws and the following terms (the “Terms”) pursuant to this agreement. Your use of the Site means that you accept all of the Terms; if you do not agree to the Terms, please do not access or use the Site. World Poker Tour Foundation, its parent, subsidiary and affiliated companies (“WPTF”) reserve the right, at their sole discretion, to change, modify, add or remove any portion of the Site or the Terms, in whole or in part, at any time. Changes to these Terms are effective when posted, and your continued use of the Site after any such changes is deemed acceptance thereof. You must check back periodically and note any changes.
1. Trademarks and Copyrights.
The trademarks, trade names, logos, service marks and domain names are registered and unregistered trademarks of WPTF and others. Except as noted elsewhere on the Site, nothing in this agreement grants you any license or right to use any such trademarks without the written permission of WPTF or other third party owner; and, you shall not grant any license or right to any third party to use any such trademarks without the written permission of WPTF or other third party owner. Further, you shall not republish, edit, transmit, distribute, reproduce, create derivative works from, perform, upload, or post in any way whatsoever, any materials from this Site (the “Materials”) without the prior written consent of WPTF. Please feel free to download or copy the Materials for non-commercial, personal use only, provided that you retain all copyright and other proprietary notices therein. If you use the Materials for any other purpose or modify the Materials, or any portion thereof, it shall be deemed an infringement of WPTF’s copyrights and other proprietary rights. Be advised that WPTF aggressively protects its intellectual property rights to the fullest extent of the law. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SITE, OR ANY PORTION THEREOF, IS EXPRESSLY PROHIBITED, AND SUCH ACTIVITY MAY RESULT IN SEVERE PENALTIES, AND VIOLATORS MAY BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. You may not use the Materials on another networked computer environment or other web site without prior written permission from WPTF. WPTF does not warrant or represent that your use of Materials will not infringe rights of third parties not owned by or affiliated with WPTF. Please note that images of people or places displayed on the Site are either WPTF’s property or used by WPTF with permission. Except as noted elsewhere on the Site, your use of these images is strictly prohibited without the prior written permission of WPTF; any unauthorized use of thereof may violate the laws of privacy and publicity, trademark, copyright or other laws.
2. Unsolicited Submissions.
WPTF enjoys feedback from people like you on our services and products, however, to avoid any misunderstandings if your ideas are similar to those we have developed independently, WPTF does not accept or consider ideas, suggestions or creative materials other than those WPTF specifically requests. Please do not send us or transmit or post to the Site any original creative materials such as screenplays, character ideas, original artwork or stories. If you do transmit or post any material or communication to the Site by electronic mail, message boards, contests or otherwise, it will be deemed the property of WPTF, and may be used by WPTF for any purpose at WPTF’s sole discretion, including, but not limited to, disclosure, broadcast, transmission, reproduction, posting and publication, as well as in the manufacturing, marketing and development of products using such information without compensation or further obligation to you. Without limitation of the foregoing, WPTF shall exclusively own all rights to the submitted information, in perpetuity, throughout the universe; in the event that WPTF is legally prohibited from assuming ownership of the submitted information, by merely sending the information you grant WPTF a perpetual, worldwide, non-exclusive, assignable, royalty-free, irrevocable right to use, reproduce, publicly perform, distribute, create derivative works of, publicly display, digitally perform, make, have made, sell, offer for sale and import such information in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any provider of the information.
3. Software and U.S. Export Controls.
WPTF, at its sole discretion, may make available to you certain software that may be downloaded from this Site. If you download such software, the software, including any data, files and images, are licensed to you by WPTF. You agree that WPTF retains full and complete title to the software, and all intellectual property rights therein. You may not sell, disassemble, decompile, redistribute, reverse engineer, or otherwise reduce the Software to a human-perceivable form. Be advised that software from this Site is or may be subject to U.S. Export Controls; and, no such software may be downloaded or exported into (or to a national or resident of) Iraq, Libya, Cuba, Syria, North Korea, Iran, or any other country to which the United States has embargoed goods, or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. If you download or use the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We want you and other users to enjoy accessing our Site. Thus, you agree not to transmit or otherwise make available any virus, worm, Trojan Horse, spyware, or any other computer file, code, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You further agree not to post, transmit, or otherwise make available any unsolicited or unauthorized spam, chain letters, pyramid schemes, advertising, promotional materials, or any other form of solicitation. You shall not disrupt or interfere with the Site or the servers or networks that provide the Site, or disobey any procedures, policies or regulations of such networks. You are not permitted to create a database by systematically downloading and storing all or any of the content on the Site. You shall not use any spider, robot, site search/retrieval application, or other manual or automatic device or process to index, retrieve, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by WPTF.
WPTF is not necessarily affiliated with sites which may be linked to or from the Site, may not have reviewed all such sites, and is not responsible for their content. Links from the Site thereto are for your convenience only, and does not imply that WPTF endorses or accepts any responsibility for the content on those third-party sites. Furthermore, WPTF is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, WPTF shall not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall WPTF assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Under no circumstances will WPTF be liable for any direct, indirect, incidental, consequential or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites. You agree that your access to them is at your own risk.
If you are under the good faith belief that any content appearing on the Site has been copied in a way that constitutes copyright infringement under U.S. Copyright law, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse. You may forward the following information to WPTF’s Copyright Agent: (i) information reasonably sufficient to permit WPTF to contact you, such as your name, address, telephone number, and email address; (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works; (iii) the exact URL or identification of the material that is claimed to be infringing; (iv) a 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) 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. WPTF’s Copyright Agent is as follows: WPTF Enterprises, Inc., 5700 Wilshire Boulevard, Suite 350, Los Angeles, CA 90036, Attn.: Legal Affairs/DMCA Notices; email: firstname.lastname@example.org. By this filing, WPTF does not necessarily stipulate that it is a service provider as defined in 17USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available under the copyright law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send WPTF a counter-notice pursuant to the statutory requirements imposed by the DMCA. If WPTF receives a proper notification (or if WPTF believes in its sole discretion) that any materials submitted or posted by you allegedly violate another person’s or entity’s rights, WPTF reserves the right to withdraw and remove the affected material from its Site, at any time in our absolute discretion. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
9. Jurisdictional Issues.
Unless otherwise specified, the Site is controlled and operated by WPTF from its offices within the State of California, United States of America, and is intended for use in the United States, its territories, possessions and protectorates. WPTF does not represent that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in other locations and other countries. Users who choose to access and use the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable. WPTF reserves the right to limit the availability of the Site and/or the provision of any service, program, or other product described thereon to any person, jurisdiction or geographic area, at any time and in its sole discretion, and to limit the quantities of any such service, program, or other product that WPTF provides. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
While WPTF uses reasonable efforts to include accurate and up to date information in the Site, it makes no warranties or representations as to its accuracy, nor does it assume liability or responsibility for any errors or omissions in the content of the Site. THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WPTF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WPTF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. WPTF DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY SERVICE, MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO OPINION, ADVICE, OR STATEMENT OF WPTF OR ITS PARENT, AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WPTF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY CONTRACT, EQUITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF STATUATORY DUTY AND STRICT LIABILITY) OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE SOFTWARE, OR ANY PRODUCT OR SERVICE ADVERTISED ON OR PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, WPTF’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, EVEN IF WPTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN OR POSTED ON THE SITE IS TO STOP USING THE SITE, THE SERVICE, AND/OR SOFTWARE, AS APPLICABLE. IN NO EVENT SHALL WPTF’S MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT SHALL YOU BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF.
You agree to indemnify, defend and hold WPTF, our officers, directors, employees, agents, licensors and representatives harmless from and against any and all claims, damages, liability, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement, your activities in connection with the Site and Forums, and/or any allegation that any materials that you submit to WPTF or transmit or post to the Site infringe or otherwise violate the copyright, trademark, trade secret, trade dress, patent or other intellectual property or other rights of, or defame or violate the right of publicity or privacy of, any third party. WPTF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WPTF’s defense of such claim.
14. Injunctive/Equitable Relief.
15. Governing Law.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or WPTF brings to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us. This agreement is not transferable, assignable or sublicensable by you except with WPTF’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained herein is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Posted February 13, 2012.