MyPokerCoach.net Terms of Service
- ACCEPTANCE OF TERMS
Welcome to MyPokerCoach.net. MyPokerCoach.net, provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you, but always posted here. In addition, when using particular MyPokerCoach.net services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By using any of MyPokerCoach.net services you indicate that you have accepted these TOS.
- DESCRIPTION OF MYPOKERCOACH.NET SERVICES
MyPokerCoach.net currently provides users with access to an automated coacher (based on client and server-side software), denotated as the “Service”. You understand and agree that the Service may include sponsorships or advertisements and that these are necessary for MyPokerCoach.net to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that MyPokerCoach.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- YOUR REGISTRATION OBLIGATIONS AND AGE LIMITATION
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete (c) open only one registration per person.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MyPokerCoach.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyPokerCoach.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Furthermore, if you qualify for any Sponsorships, Scholarships or Achievement Awards and MyPokerCoach.net finds that any information you’ve provided is untrue, inaccurate, not current or incomplete, then this is cause for you to forfeit any Sponsorships, Scholarships or Achievement Awards.
The minimum age is 18 to become a member of MyPokerCoach.net to study and practice poker to improve your game. In certain instances, for example to receive a Sponsorship to a specific live Card Room or Casino, you must meet their local minimum age requirements. MyPokerCoach.net will post any age restriction along with information about the specific Sponsorship.
- USERNAME, PASSWORD AND SECURITY
You will create a Username and Password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the Password and account, and are fully responsible for all activities that occur under your Password or account. You agree to immediately notify MyPokerCoach.net of any unauthorized use of your Password or account or any other breach of security, and ensure that you exit from your account at the end of each session. MyPokerCoach.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- MEMBER CONDUCT
All communications should be in English. You acknowledge that MyPokerCoach.net does not pre-screen Content, but that MyPokerCoach.net reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.
Specifically, you agree NOT to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy or publicity rights, or that would constitute or encourage a criminal offense, or give rise to liability, that is hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a MyPokerCoach.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising, or solicitations of any kind or nature.
- solicit other MyPokerCoach.net’ users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise)
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas (such as our shopping mall or classified ad sections) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
- cheat or utilize third-party games or code in order to gain awards at, or gain Play Money from, or change Rankings from any MyPokerCoach.net game. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyPokerCoach.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MyPokerCoach.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
- cheat or manipulate weekly, monthly, or yearly rankings, promotional leader board positions, league standings, or other MyPokerCoach.net statistical measurements by participating in games and abusing the post and fold feature in the card room.
MyPokerCoach.net makes every effort to moderate postings. However, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable; However, we appreciate that you inform MyPokerCoach.net about abuse so we can deal quickly and appropriately with it. Under no circumstances will MyPokerCoach.net be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge and agree that MyPokerCoach.net may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MyPokerCoach.net, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MyPokerCoach.net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MyPokerCoach.net the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of MyPokerCoach.net (including but not limited to: photos, graphics, audio or video), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MyPokerCoach.net removes such Content from the Service.
You agree to indemnify and hold MyPokerCoach.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyPokerCoach.net may establish general practices and limits concerning use of the Service, including but not limited to the maximum number of days that any uploaded Content will be retained by the Service, and the maximum disk space that will be allotted on MyPokerCoach.net’ servers on your behalf. You agree that MyPokerCoach.net has no responsibility or liability for the deletion or failure to store any information and other communications or other Content maintained or transmitted by the Service. You acknowledge that MyPokerCoach.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyPokerCoach.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- PLAY MONEY
You acknowledge that all values referred as money (“$”) on MyPokerCoach.net is “Play Money”. Play money is not real (bona fide) money. Play money does not constitute or represent any value whatsoever. Play money cannot be collected, cashed out or in.
- MODIFICATIONS TO SERVICE OR PRICE OF SERVICE
MyPokerCoach.net 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. You agree that MyPokerCoach.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyPokerCoach.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other web sites or resources. Because MyPokerCoach.net has no control over such sites and resources, you acknowledge and agree that MyPokerCoach.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyPokerCoach.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- MyPokerCoach.net’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyPokerCoach.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MyPokerCoach.net grants you a personal, non-transferable and non-exclusive right and license to use the client (object code) of its Software on a single computer or a network of computers located within a single building or vessel at a time; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MyPokerCoach.net for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MyPokerCoach.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MyPokerCoach.net MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MyPokerCoach.net OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyPokerCoach.net SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyPokerCoach.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
MyPokerCoach.net may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the MyPokerCoach.net Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MyPokerCoach.net Services in an authorized manner.
- TRADEMARK INFORMATION
MyPokerCoach.net, and other logos and product and service names added to the Service are trademarks of MyPokerCoach.net Inc. (the “MyPokerCoach.net Marks”). Without MyPokerCoach.net’s prior permission, you agree not to display or use in any manner, the MyPokerCoach.net Marks.
MyPokerCoach.net respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact MyPokerCoach.net and provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and 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 Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s
- GENERAL INFORMATION
The TOS constitute the entire agreement between you and MyPokerCoach.net and govern your use of the Service, superseding any prior agreements between you and MyPokerCoach.net. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and MyPokerCoach.net shall be governed by the laws of Belgium without regard to its conflict of law provisions. You and MyPokerCoach.net agree to submit to the personal and exclusive jurisdiction of the courts located within Belgium. The failure of MyPokerCoach.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group at firstname.lastname@example.org.