Terms of service

*Updated June 19, 2019*

These Terms of Use (the “Terms”) govern your use of all websites, mobile websites, e-commerce websites, online video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.) or other online services owned or operated by Poker Central® LLC, a Delaware limited liability company (“Poker Central,” “we,” or “us”), including, without limitation, the website currently located at www.pokergo.com and any mobile version of the website (collectively, the “Site”), the PokerGO® subscription product (“PokerGO”) offered by Poker Central, the e-commerce webstore located at pokergoshop.com (“Webstore”), any other interactive features, widgets, products and resources offered by Poker Central and/or its affiliates, distributors or licensees through traditional Internet websites, mobile devices or other platforms, and all other content included within the Site or Webstore and accessible via any applications (all of which are collectively referred to as the “Services”). By visiting, purchasing from, or otherwise using the Site, Webstore or Services, you agree to these Terms.

ELIGIBILITY

You must be at least 18 years old to use the Site, Webstore or the Services.

ADDITIONAL TERMS

Your use of certain Services may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using such Services, you agree to the Additional Terms.

ACCOUNT SECURITY AND PASSWORD

You may create your own account on the Site or Webstore by completing the online registration process on the Site or Webstore. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You are not required to create an account unless you subscribe to PokerGO, as described in Section 4, below.

If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to view PokerGO or for any other purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site or Webstore if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site or Webstore.

POKERGO SUBSCRIPTION AND RENEWAL TERMS; REFUND AND CANCELLATION POLICIES

You are not required to purchase a PokerGO subscription in order to view the Site or use the Services other than PokerGO. However, without a PokerGO subscription, you will not be able to view PokerGO. If you purchase a PokerGO subscription, you will be able to view all of the PokerGO episodes and content we broadcast via the Site and the Services during the applicable subscription period. We make no guarantee as to the availability of any particular episode or content of PokerGO or the total number of episodes or amount of content to be broadcast.

When you purchase a subscription through the Site or the Services, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal charges as described below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.

We may increase our subscription prices at any time, however, we will give you at least thirty (30) days’ advance notice of any price increase, and the price increase will not apply until your current subscription period has concluded. This will give you an opportunity to cancel your subscription, as described below, before the price increase takes effect. The PokerGO subscription fee covers access to PokerGO only; you are responsible for your own data fees and internet service provider fees.

Free Trial Period
Your subscription may begin with a free trial; provided, however, that you may only sign up for a free trial one time every 365 days. We will begin charging for your selected subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. You may not receive a notice from us that your free trial period has ended. TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD. You can cancel your subscription by calling 833-POKERGO (Monday through Friday from 9:00 a.m. to 9:00 p.m. CT, holidays excepted), by emailing customerservice@pokergo.com, or by navigating to the My Account page of the Site, scrolling down to the My Subscription section, and clicking on the “Cancel Subscription” button.

Promotional Code
If you use a promotional code or “promo code” to obtain a PokerGO subscription at a discounted price, the discount applies only during the initial subscription period and does not apply to renewal periods. All renewals will be charged at the then-current subscription price.

Payment Processor
We have contracted with NeuLion, Inc. (“NeuLion”), to provide services that provide you with the ability to access and view our content. The payment processing relating to the ability to view our content will be provided by NeuLion, Inc. NeuLion’s Terms of Use and Privacy Policy are available at www.neulion.com.

Payment for the ability to view our content is made to NeuLion, on our behalf, based upon the subscription plan that you sign up for. The subscription fee will be processed through NeuLion and will be processed in a secure manner by a third party payment services provider retained by NeuLion. Questions concerning payment processing for subscribers can be addressed via email to customerservice@pokergo.com, calling customer service at 833-POKERGO or mailing NeuLion, located at 1600 Old Country Road, Plainview, New York 11803.

MONTHLY SUBSCRIPTION

Monthly Auto-renew
YOUR MONTHLY SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY FOURTH WEEK COMMENCING FROM YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and scrolling down to the My Billing and Payment Info section. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of PokerGO or the total number of episodes or amount of content to be broadcast.

Canceling Your Monthly Subscription
You can cancel your monthly subscription at any time by calling 833-POKERGO (Monday through Friday from 9:00 a.m. to 9:00 p.m. CT, holidays excepted), by emailing customerservice@pokergo.com, or by navigating to the My Account page of the Site, scrolling down to the My Subscription section, and clicking on the “Cancel Subscription” button. If you cancel your monthly subscription within the first 15 days of your subscription or renewal and if you have not received a subscription refund from Poker Central during the prior 365 days, you will receive a refund. IF YOU CANCEL YOUR MONTHLY SUBSCRIPTION AFTER THE FIRST 15 DAYS OF YOUR SUBSCRIPTION OR RENEWAL, OR IF YOU HAVE ALREADY RECEIVED A SUBSCRIPTION REFUND FROM POKER CENTRAL DURING THE PRIOR 365 DAYS, YOU WILL NOT RECEIVE ANY REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE FOLLOWING FOUR-WEEK BILLING CYCLE, SO YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT FOUR-WEEK PERIOD. EXCEPT AS NOTED IN THIS PARAGRAPH, ALL CHARGES FOR MONTHLY SUBSCRIPTIONS ARE NONREFUNDABLE.

YEARLY SUBSCRIPTION

Yearly Auto-renew
YOUR YEARLY SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION YEAR COMMENCING FROM YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and scrolling down to the My Billing and Payment Info section. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of PokerGO or the total number of episodes or amount of content to be broadcast.

Cancelling Your Yearly Subscription
You can cancel your yearly subscription at any time by calling 833-POKERGO (Monday through Friday from 9:00 a.m. to 9:00 p.m. CT, holidays excepted), by emailing customerservice@pokergo.com, or by navigating to the My Account page of the Site, scrolling down to the My Subscription section, and clicking on the “Cancel Subscription” button. If you cancel within the first 15 days of your subscription or renewal and if you have not received a subscription refund from Poker Central during the prior 365 days, you will receive a refund. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE FIRST 15 DAYS OF YOUR SUBSCRIPTION OR RENEWAL, OR IF YOU HAVE ALREADY RECEIVED A SUBSCRIPTION REFUND FROM POKER CENTRAL DURING THE PRIOR 365 DAYS, YOU WILL NOT RECEIVE A REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE FOLLOWING ONE-YEAR RENEWAL PERIOD. YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT SUBSCRIPTION YEAR. EXCEPT AS NOTED IN THIS PARAGRAPH, ALL CHARGES FOR ANNUAL SUBSCRIPTIONS ARE NONREFUNDABLE.

WEBSTORE

The Webstore is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

Order acceptance and the completion of a contract between you and us will take place only when you make full payment at checkout, unless we do not accept your order or later cancel the order in accordance with these Terms. For orders placed on our Webstore a contract of sale occurs at the point of full payment.

Our Products
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.

Certain products may be available exclusively online through the Webstore. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Webstore. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on the Webstore is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Webstore will be corrected.

Delivery
We try our utmost to ensure you receive an excellent delivery service. If something goes wrong, we will try to rectify it. We do not offer compensation in the event of errors such missed, delayed or incorrect deliveries.

All items purchased from Poker Central are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Delivery charges will be shown at the time of order and we try to provide accurate pricing for this. We however reserve the right to change delivery charges subsequent to your online order if we discover a mistake in our pricing, we do not deliver to your area, or other information comes to light that would affect our delivery costs. You will be informed in such circumstance.

Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Webstore. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse service to anyone for any reason at any time, including the right to refuse any order you place with us. We reserve the right to limit quantities or cancel any order at our discretion, including without limitation, if we believe that customer conduct violates applicable law or is harmful to Poker Central’s interests. These restrictions also may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any resale of any goods purchased or otherwise obtained via the Webstore is a violation of the licenses granted herein and is hereby expressly prohibited. This includes advertising or resale on third-party sites like eBay, Amazon and buy.com. You may not use any of our products for any illegal or unauthorized purpose. You may not make any commercial use of any of the information provided on the Webstore or make any use of the Webstore for the benefit of another business unless explicitly permitted by Poker Central in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in these Terms without notice to you.

User Comments, Feedback, and Other Submissions
Except as otherwise provided elsewhere in these Terms or on the Webstore, and expressly not including credit card information, anything that you submit or post to the Webstore and/or provide Poker Central, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Poker Central shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Poker Central and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Webstore, you also grant Poker Central the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other Content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Webstore and that use of your reviews, comments, or other Content by Poker Central will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Poker Central or third parties as to the origin of any Submissions or Content. Poker Central may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Personal Information
Your submission of personal information through the Webstore is governed by our Privacy Policy located at https://shop.pokergo.com/policies/privacy-policy.

USE OF THE SITE, WEBSTORE, AND SERVICES

You are responsible for your use of the Site, Webstore and Services, and for any use of the Site, Webstore or Services made using your account. At Poker Central, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Poker Central. When you use the Site, Webstore or Services, you may not:

- use the Site, Webstore or the Services other than for personal, non-commercial purposes;
- copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any content you access on the Site, Webstore or the Services, other than as expressly permitted;
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site or Webstore (although Poker Central may allow operators of public search engines to use spiders to index materials from the Site or Webstore for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Poker Central reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site, Webstore or Services in a manner that sends more requests to the Poker Central servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Site or Webstore;
- access or view the Site or Webstore in order to build a similar or competitive website, product or service to the Site, Webstore or the Services; or
- interfere with or disrupt the Site, Webstore or Services.

Your experience using the Site, Webstore and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. At least 5.0 Mbps available download bandwidth per viewing stream is recommended for viewing Poker Central video content in HD. Please check with your Internet provider for information regarding your Internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.

ACCURACY OF DATA

We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site, Webstore or Services. Poker Central is not liable for any loss or damage that might arise from your reliance on any content available on or through the Site, Webstore or Services.

OWNERSHIP

We own or license the content on the Site, Webstore and Services, including software, text, photographs, illustrations, visual and audio content (“Content”), PokerGO and/or Poker Central trademarks, trade names, logos, and brand elements (“Poker Central Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site, Webstore or through the Services (“Third-Party Marks”). The Content, Poker Central Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Poker Central Marks, Third-Party Marks, articles or Content from the Site or Webstore, without obtaining our prior written consent.

Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Site, Webstore and Services solely for personal and non-commercial use. The Site, Webstore and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site, Webstore or Services at any time.

FEEDBACK

We always welcome and appreciate your feedback and suggestions about PokerGO and Poker Central. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

DIGITAL MILLENNIUM COPYRIGHT ACT

Poker Central respects the intellectual property rights of others. Upon proper notice, Poker Central will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Poker Central has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Poker Central’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Poker Central to locate the material on the Site or Webstore;
- information reasonably sufficient to permit Poker Central to contact you, such as an address, telephone number, and, if available, an email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.

Please send all of the above enumerated information via mail or email to the following Poker Central copyright agent:

833-POKERGO

Please do not send notices or inquiries unrelated to alleged copyright infringement to Poker Central’s designated agent.

PRIVACY

Poker Central respects your privacy. Our Privacy Policy, located at www.pokergo.com/privacy-policy explains how we collect, use, and disclose information about you in connection with the Site, Webstore and the Services. By using the Site, Webstore or the Services, you agree to the Privacy Policy.

By using the Site, Webstore and Services, you consent to receiving electronic communications from us related to your use of the Site, Webstore and Services including, but not limited to, announcements regarding changes to these Terms or our Privacy Policy and pre-renewal notifications.

LINKS

Our Site, Webstore and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

CHANGES AND CORRECTIONS TO THE SITE, WEBSTORE, OR SERVICES

Poker Central enhances and updates the Site, Webstore and Services often. We may change or discontinue the Site, Webstore or any Services, with or without notice to you. Poker Central reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site, Webstore or Services.

TERMINATION

We reserve the right not to provide the Site, Webstore or Services to any user. We also reserve the right to terminate any user’s right to access the Site, Webstore or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site, Webstore and Services automatically terminates.

DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE SITE, WEBSTORE AND SERVICES AT YOUR OWN RISK. THE SITE, WEBSTORE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POKER CENTRAL AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, SERVICE PROVIDERS, VENDORS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, WEBSTORE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, POKER CENTRAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT OR GOODS AVAILABLE ON OR THROUGH THE SITE, WEBSTORE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE, WEBSTORE OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE, WEBSTORE OR SERVICES. POKER CENTRAL AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, WEBSTORE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE, WEBSTORE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE, WEBSTORE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE, WEBSTORE OR SERVICES.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, POKER CENTRAL AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE, WEBSTORE OR SERVICES OR ANY LINKED WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POKER CENTRAL NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE, WEBSTORE OR SERVICES.

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 and disclaimers may not apply to you. To the extent Poker Central may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Poker Central’s liability will be the minimum permitted under such law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Poker Central and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Site, Webstore or Services; (b) the use of the Site, Webstore or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Poker Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Poker Central in such defense.

OTHER PROVISIONS

Under no circumstances will Poker Central be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, Webstore or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York, New York, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Poker Central to enforce any right or provision of these Terms will not prevent Poker Central from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

CHANGES TO THESE TERMS

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site or Webstore. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, Webstore or Services, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by email to the email address we have on record at least thirty (30) days before the Revision Date. If you object to any such changes, your sole recourse shall be to cease using the Site, Webstore and/or Services.