PokerNews.com, as well as the local sites linked thereto (collectively, the "Site") is a website and online service owned and operated by iBus Media Ltd. ("PokerNews", "we", "our", or "us").
These General Terms and Conditions ("Agreement") govern the terms by which you may use and access the Site and/or any services provided therein. By accessing or using the Site and any service provided through the Site (the "Service"), you hereby represent, warrant and undertake that you have read, understood, and agree to be bound by the terms of this Agreement thereby making them a binding agreement between you and us, whether or not you are a registered user of our Site.
This Agreement applies to each visitor, user, and others who access or use the Site and/or Service ("User(s)").
- Data Protection
- User Generated Content
Our Service provides a forum for User-generated content. The Service may also from time to time include competitions which give you the opportunity to submit User-generated content, materials or other works. As a User, you acknowledge that all opinions, reports of experiences, announcements, pieces of advice, texts, videos, pictures (including pictures linked or otherwise connected via a URL), competition entries and other content or materials or works of any kind (the "Content") contributed from Users which are found within or submitted via the Site are solely the responsibility of the person(s) or institutions, which transmitted the Content to the Site. You acknowledge that PokerNews cannot check the Content and accordingly PokerNews does not take any responsibility and does not assume any liability whatsoever for all or part of the Content that you or any other User or third party post on or send to or upload via the Site. As a precondition for the transmission of Content to the Site you warrant and represent that you are the holder of all rights of the transmitted Content or that you have acquired the necessary rights of the holder to transmit or reproduce the Content to the Site. You grant PokerNews all worldwide, sublicensable, and transferable licenses and rights in perpetuity to copy, distribute, publicly display, publicly perform, publish, edit, adapt, amend, modify, make derivative works based upon, commercially exploit or otherwise use in any manner and for any purpose the Content, without any claim for reimbursement by you or a third party (unless express prior written agreement has been made between PokerNews and you to the contrary). You hereby agree to waive or procure the waiver of all moral rights in the Content to which you or any individual is now or may be at any future time be entitled under the Copyright Act 1991 or any similar or equivalent law in any jurisdiction. You also acknowledge that PokerNews has the unlimited right (but in no case, an obligation) to reject or exclude from a User account the whole or parts of the transmitted Content where PokerNews deems such action to be necessary. You acknowledge that PokerNews may delete your PokerNews account if no new Content has been transmitted to PokerNews in a consecutive six month period.
You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site and any Service, is solely your responsibility. PokerNews is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that PokerNews shall not be liable for any damages you allege to incur as a result of such Content.
You are solely responsible for your interactions with other PokerNews Users.
We reserve the right, but have not the obligation, to monitor disputes between you and other Users.
- Participant Conduct
You alone are responsible for all the Content of your transmission to PokerNews and the resulting consequences. You agree to not use the Service to:
- Transmit any Content to PokerNews whose reproduction would mean a violation of copyright or other intellectual property rights of a third party.
- Use any offered online service of PokerNews for pornographic, immoral, dishonest or illegal purposes. The use of the Service offered by PokerNews for publishing or other circulation of material with pornographic, punishable, libellous or other dishonest or illegal content is prohibited. Equally, the circulation of material of anti-constitutional, extremist and/or forbidden groups is prohibited. The disregard of this Agreement by you or a third party, who has used the Service with your permission, may lead to your immediate disqualification from use of or access to the Service. PokerNews reserves the right to claim for compensation on an indemnity basis in connection with violation of the Agreement.
- Run any advertising or send any chain letters.
- Send Content to PokerNews which contains software, applications, programs or "viruses" which damage or limit the functionality of the hardware or software of PokerNews or that of other participants.
- Give false or unclear information or register oneself under a false identity when registering.
- Defame or in any other way harass other participants.
- Attempt to gain unauthorized access to any PokerNews Service, nor to any data, network or system whatsoever.
- Interfere with PokerNews' network comprising the Site.
- Conduct activities which violate the privacy or property rights of others.
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
PokerNews reserves the right to (i) temporarily or permanently disqualify Users who infringe the law, this Agreement or for any other reason which PokerNews considers to be a serious abuse of the Service, and (ii) remove Content from the Site.
- Proprietary Rights
All Content published by PokerNews on the Site (apart from User-submitted Content), including, without limitation, images, photographs, graphics, animations, videos, audio and text (the "Site Content") are owned by PokerNews and/or its licensors and is protected by copyright and other intellectual property or other proprietary rights. You hereby acknowledge that by using the Site and any Service you obtain no rights in the Site Content, or any part thereof. Copying and/or amending all or part of the Site Content, particularly for commercial or advertising use requires the prior written permission of PokerNews. The making or amending of copies (either saved or printed) of opinions, reviews or other statements for personal and not commercial use is permitted provided that legends or other references will not be falsified or deleted. Any other copying, amending, distribution or publication of Site Content without the prior written permission of PokerNews is prohibited.
- Protection of trade marks
The "PokerNews" marks and logos are trademarks of iBus Media Ltd. The use or the display of these trademarks without explicit written permission of PokerNews is prohibited. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the “PokerNews” marks without the prior explicit written consent of iBus Media Limited.
- Eligibility to Use our Service
You may not use the Service if (a) you are not of legal age to form a binding contract with PokerNews, or (b) you are a person barred from using the Service under the laws of the country in which you are resident or from which you use the Service. Subject to applicable law, PokerNews may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
- Links to Other Websites
- Restriction of Liability
PokerNews uses reasonable efforts to ensure that the information available on the Site is accurate at all times. However, we cannot guarantee that such information will be fault-free and we cannot be responsible for services offered by us as agents for third parties or for any aspect of the relationship between you and that third party. PokerNews does not assume liability for any errors and omissions and reserves the right to change information, specifications and descriptions of any listed Service. Without derogating from the foregoing, it is agreed and understood that the Site and Service are provided on an "As Is" and "with all faults" basis, and without warranty or condition of any kind, either express or implied.
PokerNews further makes no representations about the fitness for a particular purpose of any product or service referred to on the Site. PokerNews makes no warranty that the Service will meet your expectations, or that data and content obtained through Site and any Service will be accurate, reliable or current, or that the Service will be available on an uninterrupted, secure, or error-free basis. Whilst we will endeavour to correct errors and omissions as quickly as possible after being notified of them, you acknowledge and agree that use of the Service is at your own discretion and sole risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POKERNEWS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POKERNEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE. This Restriction of Liability section applies only to the extent permitted by applicable law.
Please report any violations of the terms of this Agreement using our Contact Us form.
- Modifications to the Service and to this Agreement
PokerNews reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that PokerNews shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In addition, PokerNews may modify the terms of this Agreement at any time. If we do make changes to the terms of this Agreement, we will post the amended version of this Agreement on the Site. We encourage you to frequently visit our Site to determine if any changes to this Agreement have been implemented. For ease of determining if any changes have been made we shall post the date the Agreement was last changed on the top of the page. Your continued use of the Service after any such change constitutes your acceptance of the new terms of this Agreement. If you do not agree to any of these terms, do not use or access (or continue to access) the Service.
- General Terms
This Agreement is governed by the laws of the Isle of Man, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the courts of the Isle of Man. Notwithstanding the foregoing, nothing in this clause shall limit the right of PokerNews to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. You may not transfer or assign your rights or obligations under this Agreement to any third party without the prior written approval of PokerNews.
PokerNews may assign this Agreement in whole or in part at its discretion. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
(c) 2003-2014 PokerNews All rights reserved. The opinions posted on PokerNews are the responsibility of their authors and are in no way an expression of PokerNews' views.Last updated: May 7, 2014