Terms and Conditions
PLEASE READ THE FOLLOWING CAREFULLY. WE RECOMMEND YOU PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION E-MAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS AS THEY RELATE TO YOUR USE OF THE SITE. WE DO NOT FILE EACH INDIVIDUAL CONTRACT WITH USERS SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
NOTIFICATION OF THESE TERMS AND CONDITIONS CONSTITUTES THE MAKING OF AN OFFER. BY REGISTERING TO USE THE SERVICES COVERED BY THESE TERMS AND CONDITIONS, YOU ARE CERTIFYING THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT REGISTER AND OPEN AN ACCOUNT AND YOU WILL BE UNABLE TO ACCESS THE SOFTWARE AND THE SERVICES OFFERED IN CONJUNCTION THEREWITH.
This end user agreement is a legal agreement between You ("You") and Mojo N.V., a Curacao company, with its offices located in Curacao, and its affiliated corporations, successors and assigns (collectively referred to herein as "COMPANY"). The software (the "Software") and the gaming, wagering, sports betting, and/or casino services (the "Services") provided on http://www.pokeravengers.com and, or any other Poker Avengers branded site, (collectively, the “Sites”), on which You access COMPANY’s Services, are being are provided to You by COMPANY on an "AS IS" basis, for Your personal use only. The Sites are internet gaming sites and operate under a gaming license granted by the Government of Curaçao.
All of the terms and conditions herein, together with any other additional rules, policies and terms published on the Sites that specifically relate to and govern any event, game, software, tournament or any other aspect of the Software or Services, shall constitute a legally binding agreement (the “Agreement”). The Agreement shall apply to any use of the Software, Services or Sites.
Please note that the Software and Services are NOT FOR USE BY PERSONS UNDER 18 YEARS OF AGE. No one under the age of 18 years is permitted to wager or participate in the activities, games, Software and Services, nor are the residents of Curaçao, or residents in Countries where the Software or Services are prohibited. If it comes to COMPANY's attention through reliable means that a registered user is a person under 18 years of age or is otherwise not permitted to use the Software or Services, COMPANY will, among other recourses available to it, cancel that user's Account (as defined in Section 7 below).
In case of contradiction between a provision of this document and any provision on the Sites, the provisions of this document shall prevail.
If any part of the Agreement is translates into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
You have the right to refuse the assumption of the contract (contract between You and PokerAvengers) by the Buyer within a period of 3 month. This deadline begins with the notice of the takeover of Avengers which is/was October 9th 2013.
SOFTWARE GRANT: COMPANY hereby provides to You a personal, non-exclusive, non-transferable grant to use the Software, but retains all proprietary rights to the Software. All rights not specifically granted under the Agreement are reserved by COMPANY and, as applicable, by COMPANY's licensors. The Software grant is for Your personal use only and confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software.
OWNERSHIP OF SOFTWARE: All right, title and interest and intellectual property rights in the Software are owned by COMPANY or its licensors, and may be protected by applicable copyright or other intellectual property and gaming laws and treaties. All rights not expressly granted under the Agreement are reserved by COMPANY.
USE OF SOFTWARE: You may only use the Software in accordance with the Agreement. You may install the software or any other components of the Services on any additional personal computers. You may make back-up copies of the Software provided that such use and backup copying is only for Your own personal use in accordance with the Agreement, and further, that such installation and use is made through a computer of which You are the primary user. You may only use one instance of the Software on one computer at any time. You are not permitted to play at the same table or in the same tournament using multiple accounts from the same computer hardware, and doing such will be a direct violation of the Agreement.
SOFTWARE LIMITATIONS: The Software contains copyrighted materials, trade secrets and other proprietary material. You acknowledge that the Software in source code form remains a confidential trade secret of COMPANY. You may not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the Software. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the Software to any third party. Any assignment in violation of the Agreement is void.
CHANGES IN SOFTWARE FUNCTIONALITY: By accepting the terms of the Agreement, You agree that COMPANY is permitted to limit, deny, update or cancel some or all of the functionality of this Software at any time, without prior notice. You agree to bear the risks of and hold COMPANY harmless for any and all effects that a change in functionality may have on Your ability to use the Software. COMPANY may require, as a condition to Your continued access to Services, Your acceptance of Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.
TERMS OF SERVICE
ACCEPTANCE OF TERMS: COMPANY permits You to use or play its Services, subject to the terms of the Agreement. Please read them carefully. By registering and opening an Account as contemplated by Section 7 below, You are certifying that You agree to be bound by the terms of the Agreement. If You do not wish to be bound by these terms, You must not register and open an account, and You will be unable to access or use the Services. The terms of the Agreement may be changed or updated at any time by COMPANY, without any notice to You. Your continued access to, and use of, the Services will mean that You agree to be bound by the most current version of the Agreement. You can review the most current version of the Agreement at any time at the Sites.
REGISTRATION: To use Services, You must first open an account (Your “Account”) by entering a unique and valid e-mail address and associated password. To deposit funds to Your Account, You must enter Your first and last name, address and telephone number. You agree to provide only true and current information and You further agree to update this information as necessary to keep it true and up-to-date. You also agree to allow the Software to take a digital fingerprint of Your computer for security reasons. The fingerprint is comprised of a set of numbers including IP addresses which are stored along with Your Account information. When opening a play money Account, You will be able to access play money games and play money tournaments. With a real money Account, You can access real money games and real money tournaments. It is strictly forbidden to have more than one active Account at any one time. COMPANY reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and COMPANY will not be liable for any such action.
PERSONAL USE OF SERVICES: You agree to keep Your Account information secret and confidential and to not allow anyone else to use or have access to it. Any participation in the games is at Your sole choice, discretion and risk. By using the Services, You agree that You do not find the Services to be offensive, objectionable, unfair or indecent. You are only allowed to wager for Your own personal entertainment. Any commercial use of the Services is strictly forbidden. You agree that you are responsible for verifying and abiding by the laws governing gambling in the place where the Software is used.
ROBOTS, ARTIFICIAL INTELLIGENCE AND OTHER SYSTEMS: It is strictly forbidden to use any automated software or computer system to play at COMPANY, including the action of sending information from Your computer to another computer where such software or system is active. Poker-Robots or any software designed to play automatically at poker sites is not allowed. At any time while You are playing at COMPANY, the Software may scan Your computer for any activity of such software and systems. Also forbidden is the use of any software during the game that is designed to track and display the actions of the other players on the site or any system or service to transfer funds to or from a player's COMPANY account to their account at any other site or the deliberate "dumping" of chips between any accounts on the COMPANY Poker Network. It is also strictly forbidden to use any programs which display the playing history, statistics, or tendencies of other players on the COMPANY Network, other than systems where: Hand histories obtained by the User him/herself via their own play is used. Users cannot import hands. Hand histories which were obtained from opponents with the screen name which matches the screen name which was used while the hands were actually played. Note: the data collection of playing history, statistics or tendencies of other players is confined to playing sessions where an opposing player is using a unique screen name and which also do not retain any data after the specific user name is no longer used by the opposing player. Use by players of external player assistance programs which are designed to provide players with an unfair advantage over their opponents are expressly prohibited. COMPANY defines external player assistance programs as computer software and non-software-based databases or profiles and deems access to or the ability to gather data or information on other players by any means that would not be accessible via their own first-hand experience to be "unfair". Usage of such methods will result in the closing of Your account and be subject to confiscation of Your winnings and funds. COMPANY reserves the right to publicize information of any such documented abuse including Your personal information.
NO COMPANY EMPLOYEES: If You are an officer, director, employee, consultant or agent of the COMPANY or one of its group companies, or suppliers or vendors, You are not permitted to register with COMPANY or to participate directly or indirectly in any of the Services (each an "Unauthorized Person"). Similarly, relatives of Unauthorized Persons are not permitted to register with COMPANY or to participate directly or indirectly in any of the Services. For these purposes, the term '"relative" shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
PLAY MONEY: Play money is not real (bona fide) money and is kept separate from real money. Play money does not constitute or represent any value whatsoever. Play money can only be used for playing at play money tables and cannot be collected, cashed out or in any other way be made into or transferred between COMPANY and You or any other person or legal entity.
REAL MONEY: To play with real money, You are required to deposit real money into Your Account by the methods provided to You by COMPANY. Minimum as well as maximum limits apply to real money deposits. All real money will be paid, tracked, and maintained in United States Dollars, and will not bear any interest. All fees levied by payment processors are Your responsibility. Using a credit card to fund Your Account may be treated as a Cash Advance by the bank that issues Your credit card. All interest and or fees associated with a Cash Advance are Your responsibility. Please keep the speed at which You play reasonably fast. If You are playing on more than one table and COMPANY receives too many complaints about Your speed of play, COMPANY may restrict the number of tables at which You are eligible to play. COMPANY is not responsible for any losses incurred due to accidental bets placed on Your behalf during a game or when playing at multiple tables due to tables switching locations onscreen. Please make sure You are playing at Your skill level when using the Services.
CASH OUTS: In the cashier section of the Software, You will be able to monitor Your Account balance which is the amount of real money You have available, plus or minus any accumulated winnings or losses from playing any of the games on the Service, less any amounts previously cashed out by You or amounts forfeited or reclaimed by COMPANY. All amounts cashed out are subject to the transaction limits and processing fees of COMPANY. Limits and fees may change from time to time at COMPANY's sole discretion or by You in the case of user defined limits. Cash outs are only executed via the methods made available by COMPANY in the cashier section of the Software and are, by default, returned in the same method from the previous deposit. If a Net Rake (rake minus bonuses) of 10% of the deposited amount has not been accumulated before requesting a cash out, COMPANY may decline the cash out. If a Net Rake (rake minus bonuses) of 10% of the user2user transfer amount has not been accumulated before requesting a cash out, COMPANY may decline the cash out.
SECURITY CHECKS, REVIEWS AND RELEASES: COMPANY reserves the right to verify Your identity and the fidelity of the information You have supplied by making various security and ID checks. If You fail or refuse on request to comply and sign a security request from COMPANY, COMPANY reserves the right to void Your Account.
ABANDONMENT OF ACCOUNT BALANCE: If You do not access Your Account by "logging in" to Your account using Your e-mail and password for a period of three hundred and sixty five (365) days, Your Account will be closed and the entire Account Balance and all promotional items including all of Your referral bonuses will be deemed abandoned and forfeited; provided however, that this requirement for login and entry is not and does not constitute any condition whatsoever for You to play any game, deposit funds, or participate in any activity at the Sites other than logging in.
REFER-A-FRIEND PROGRAM: Note: this Section 16 of the Agreement may or may not apply to You, as COMPANY may or may not make a Refer-A-Friend Program available to You.
By accepting this Agreement, You agree to allow COMPANY to reward You with bonuses of real money from the rake generated by other players that You have assisted in opening real money accounts. This assistance generally materializes when You distribute Your E-mail address to other players and solicit them to reference it when they create an account. COMPANY may, from time to time, offer other promotions or initiatives designed to assist You in being rewarded for introducing real money players to COMPANY. COMPANY is not responsible for the failure of a referred player to correctly submit his/her E-mail address. COMPANY reserves the right to change rules, levels and limits of the Refer a Friend Program at its sole discretion.
Payment: Your Account will be credited with a bonus from the Refer a Friend Program within seven days from the End of each Calendar Month.
Unlocking Tiers and Associated Bonuses: Rules governing how to unlock Tiers and the associated bonuses are found inside the Software and/or the Sites. Bonuses are based on the Frequent Player Points generated by the players You have referred. Failure to meet the Frequent Player Point requirements in any Tier, regardless of cause, will result in the tiers remaining locked or unclaimed.
Improper Advertising Practices: COMPANY will reward You for telling others about the Services. However, we monitor methods used to promote COMPANY and You may be subject to having Your participation in the Refer a Friend program suspended or terminated if You are found to be:
Mass mailing unsolicited e-mail addresses; and/or
Willfully and blatantly ignoring rules of any 3rd party website by posting invitations to sign up; and/or
Using advertising messages with grossly misleading claims of promotional rewards
Termination of Refer a Friend Participation: Performing any of the improper advertising practices outlined above may result in Your Termination of participation in the Refer a Friend program. This includes a forfeiture of Your current Refer a Friend balance, forfeiture of any future Refer a Friend revenue and loss of ability for You to claim any further referred friends.
GOLD CARDS: By accepting the Agreement, You agree to allow COMPANY to reward You with Gold Cards for Your real money ring game play. In the event that a prize(s) is announced for a Gold Card(s) that You possess at the time, it is Your responsibility to redeem the Gold Card(s) before the published time of expiration. No Gold Card(s) will be allowed to be redeemed for a prize once the prize time has expired. Your Gold Cards will not expire and will remain in Your Account, so long as the Account is not abandoned (see Section 15).
GOLD CHIPS: By accepting the Agreement You agree to allow COMPANY to reward You with Gold Chips based on the rules set forth on the Sites). Your Gold Chips will not expire and will remain in Your Account, so long as the Account is not abandoned (see Section 15).
OPERATION OF ACCOUNTS: During the term of Your Account, there may be circumstances which require changes to Your Account.
Succession: In the event of Your death or permanent incapacity, COMPANY requires a copy of the death certificate or a registered medical physician's statement and any other documents relating to administration or guardianship of Your estate as proof of Your successor's or guardian's (jointly referred to as "Beneficiaries") entitlement. In this event, any of Your income rights and/or the value of Your Account may be passed to Your Beneficiaries. Your Beneficiaries must submit a written application supported by the necessary documentation including a death certificate or registered medical physician's statement, for consideration by COMPANY. Approval of this application shall not be unreasonably withheld. Transfers will only be approved if the Beneficiaries agree to assume Your Account responsibilities and obligations as outlined in the Agreement. If a Beneficiary is not permitted to hold an Account, the Beneficiary will be entitled to transfer Your interest in the Account to a third party who is entitled to hold an Account.
Self Exclusion: COMPANY reserves the right to monitor Your Account activities and notify You if COMPANY believes You may have gambling problems. However, COMPANY makes no warranties about its ability to identify and help You with gambling problems. You may request to be excluded from entering or using the Services for various reasons and may do so at any time by sending a request to support via the support e-mail address located on the Sites.
Suspensions and Termination of Account: COMPANY reserves the right to terminate Your Account at any time if You breach any of the Terms of Service; or breach the terms of this Agreement; or provide any false or misleading information to COMPANY; or partake in fraudulent, inappropriate or offensive behavior against COMPANY or any other user of the Services; or are involved in an activity which may be deemed contrary to accepted standards of fair dealing, in breach of laws applicable in Your jurisdiction and/or contrary to the interests of COMPANY or injurious to COMPANY's reputation. Such termination shall be made by COMPANY in its sole discretion, and the actions which may be taken by COMPANY in the event that you engage in such conduct may include, but are not limited to, warnings, temporary suspension of Services and, temporary suspension of Your Account. The termination of Your Account will occur when COMPANY, in its sole discretion, determines that Your violations of the Agreement of a serious nature.� In the event of the termination of your Account, You agree:
Your right to make any representations regarding COMPANY in any way whatsoever is immediately revoked;
Your right to use the Services, Your User Account and Password are immediately revoked;
You must destroy/delete all of Your copies of the Software.
Your right to any present or future entitlements You might otherwise have or have had arising from COMPANY or Your use of the Services, as of the date of termination is revoked; and
All other rights under the Agreement are terminated.
Restrictions on Chat:
You may not chat about a game while it is in progress.
You may not use chat to offer advice to another player during a game, or urge a player to take a particular course of action.
You may not chat about any folded cards they held during a hand or any current cards you are holding during a hand.
You may chat only the English language and the table specific language as may be designated by COMPANY in its sole discretion.
You may not use foul, abusive or threatening language.
Other breaches of any parts of the Agreement may also result in forfeiture of any or all existing credits, holdings, prizes or winnings from gambling activities and any other entitlements You might otherwise have or have had arising from Your Account or Your use of the Services. COMPANY also reserves the right to claim compensation for any loss resulting from non-compliance with any obligations contained in the Terms of Service. COMPANY reserves the right to cancel and close Your Account for any justifiable reason whatsoever at any time without notice to You.
DISCLOSURE TO THIRD PARTIES: You agree to keep Your Account and related information secret and confidential and to not allow anyone else to use it. If You intentionally or unintentionally, directly or indirectly, disclose your e-mail and/or password to another person, and such disclosure results in a third party participating in the Service using Your e-mail and password, such participation will be invalid, and You will not be refunded any resulting losses, regardless of whether or not the third party had Your consent or not. The company shall not be required to maintain e-mail or passwords if You misplace, forget or lose this data or are otherwise unable to use the Services because of anything other than COMPANY’s error.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless COMPANY, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable attorney's fees), arising from or asserted by any third party relating in any way to (a) Your use of the Services, or any other product, service or promotion offered to You buy COMPANY; (b) any claim of infringement of third party intellectual property rights; (c) uploading, posting, e-mailing, reproducing, transmitting or otherwise distributing any Content or other materials by You; or (d) the breach of the Agreement by You or any users of Your Account with COMPANY. COMPANY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, which shall not excuse Your indemnity obligations.
ABUSIVE OR OFFENSIVE LANGUAGE: Abusive or offensive language will not be tolerated in the Service or with the COMPANY staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by COMPANY to ensure compliance. You are not permitted to use inappropriate or offensive language in connection with your user name and/or player ID which includes, but is not limited to profane, sexist or racist language. COMPANY reserves the right to make changes to any Users name or player ID that violates this policy and to take any steps it deems appropriate, up to and including closing Your Account. If You create an Account with an offensive user name and/or player ID or change your existing user name/ID to an offensive one you may have Your user name/ID changed and locked.
DISCLOSURE OF FRAUDULENT ACTIVITIES: If, at COMPANY's sole determination, You are found to have cheated or attempted to defraud the Service or COMPANY in any way including but not limited to game manipulation, chip dumping, transfers or payment fraud, or if You make untrue and/or malicious comments with regard to the COMPANY 's operation in any media or forum, the COMPANY reserves the right to publicize Your actions as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, COMPANY may close any accounts, and forfeit Account balances, that You have at COMPANY or at any other COMPANY related website and/or business.
SETTLEMENT OF DISPUTES: You fully accept and agree that the random number generator ("RNG") will determine the outcome of the games or other promotions that utilize the RNG. Further, in the event of a discrepancy between the result showing on the Software and the gaming server, the result showing on the gaming server shall be the official and governing result of the game. Moreover, You understand and agree that the COMPANY records shall be the final authority in determining the terms of Your participation in the Services, the activity resulting from there and the circumstances in which they occurred.
NOTICES: If You have any dispute with regard to any outcome in the games or other activity at COMPANY, You must submit Your complaint to COMPANY in writing within fourteen (14) days of the incident via the support e-mail address found on the Sites.
COPYRIGHT AND TRADEMARKS: COMPANY logos, custom graphics and button icons are trade names, service marks or trademarks of COMPANY or its affiliates (the "COMPANY Marks"). All other trademarks, trade names and service marks on the Site are the property of their respective owners (the "Other Marks"). Without COMPANY's prior permission or the prior permission of the owners of the Other Marks, You agree not to display or use in any manner, the COMPANY Marks or the Other Marks.
GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of Curaçao without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of Curaçao for the settlement of any disputes arising out of concerning the Agreement. The Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of the Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
TAXES: You are solely responsible for reporting and paying any taxes as required by the governing law of your country of residence.
GAME RULES AND RAKE STRUCTURE: You can view COMPANY's game rules via the Sites and can view COMPANY's rake/fee structure via the Sites. COMPANY reserves the right to change or update the game rules and rake/fee structure at any time, without any notice to You.
TERMINATION. The Agreement is effective upon Your first use of the Software or Services and shall continue until revoked by COMPANY, until You breach any term hereof, or until You discontinue Your use of the Services. The Agreement will terminate immediately if You fail to comply with any provision of the Agreement.
DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND AGENTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, ITS CONTENT, AND ANY INFORMATION OR OTHER MATERIALS PROVIDED BY COMPANY IN CONNECTION WITH USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE; (iii) THE SERVERS THAT MAKE COMPANY'S SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED.
THE SECURITY MECHANISMS INCORPORATED INTO THE SERVICES HAVE INHERENT LIMITATIONS AND YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACTIVITY.
THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF THE AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, USE, DATA, GOODWILL OR OTHER INTANGIBLES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH:
YOUR USE OR INABILITY TO USE THE SERVICES;
GOODS, DATA, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITES;
INFORMATION RECEIVED THROUGH THE SITES;
MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR E-MAIL, DAMAGES TO COMPUTER SYSTEMS OR EQUIPMENT OR OTHER PROPERTY, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
ANY OTHER MATTER RELATING TO THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE CONTENT AVAILABLE THEREON, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR ONLY REMEDY IS TO DISCONTINUE USING THIS SERVICES. THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE A MATERIAL PART OF THE AGREEMENT.
Notwithstanding the foregoing, if COMPANY or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors should be found liable for any loss or damage which arises out of or is in any way connected to the Site, the liability of COMPANY, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors shall in no event exceed, in the aggregate, U.S. $50.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LOSS OR CORRUPTION OF DATA AND DAMAGE TO COMPUTER EQUIPMENT: COMPANY shall not be responsible or liable for any loss or corruption of data or Content that You may experience while using the Service or otherwise. This includes, without limitation, the loss or corruption of data or Content resulting from a) network, system, or server "crashes" or outages, or other power outages; b) damage caused by viruses, worms, or security breaches, file corruption; and c) any other cause. COMPANY assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer equipment or other property on Account of Your access to, or use of, the Services.
The Agreement constitutes the entire agreement between You and COMPANY and govern Your use of the Sites, Software and Services, superseding any prior agreements, if any, between You and COMPANY, including, without limitation, any prior versions of the Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and COMPANY as a result of the Agreement or use of the Sites, Software or Services.
The failure of COMPANY to exercise or enforce any right or provision of the Agreement shall not constitute a waiver or relinquishment of such right or provision, or any other right or provision.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
VIOLATIONS. Please report any violations of the Agreement to the support e-mail address found on the Site.
CREDIT CARD PURCHASES: Credit Card will be billed immediately after purchase.