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SITE TERMS OF USE
What is LiarsPoker?
LiarsPoker is the risk-free way to play
liars poker online where you can't lose money. LiarsPoker.com has developed the
first legal way to play liars poker as an online game service for cash for the
U.S. market employing patented pending technology that allows users to challenge
other players and win without the risk of ever losing money. Currently
LiarsPoker.com operates one of the fastest growing casual game sites in the U.S.
and has built an exciting and diverse player community. Its parent Company MVP
Network, Inc. is located in St. Louis, Missouri.
How does LiarsPoker
work?
At LiarsPoker, you don't have to spend
money to win against other LiarsPoker players and get your name on the
leaderboards. FREE Basic Membership winners may get their name posted on the
leaderboards without spending any money. In any competitive venue, winning and
claiming bragging rights is what it’s all about! Anyone can enter game play with
no entry fee of any kind, whenever they have time for game play - but for a
small game “Token” fee of $10.00, players can challenge each other players to
competitive play and win game Tokens that can be redeemed for cash. Either way,
FREE Basic or Challenge Play, LiarsPoker deals out the adrenaline rush of
authentic liars poker play and a shot at real money in the only liars poker
community online today.
LIARSPOKER.COM ("LIARSPOKER" or "LIARSPOKER.COM") provides the LIARSPOKER.COM tournament
sweepstakes (the "Service") to any person ("you" or "your") who completes the
registration process to become a member of the Service and is accepted by LIARSPOKER.COM to become a member
on the following terms, which may be updated by LIARSPOKER.COM from time to time without notice to you.
This document was last updated on
February 26th, 2008.
BY CHECKING THE "I ACCEPT" BOX AND
SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF
THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU
MUST SELECT THE "I DO NOT ACCEPT" BUTTON AND YOU MAY NOT ACCESS, USE OR INSTALL
ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
1. General Terms, Definitions and Interpretations.
i. "Privacy Policy" shall mean the document setting
forth the policies of LIARSPOKER.COM regarding the collection, retention, and use of
the personal information of those that use the LIARSPOKER.COM site.
ii. "Site" shall mean the LIARSPOKER.COM website.
iii. "Sponsor" shall mean LIARSPOKER.COM
iv. "LIARSPOKER Game Client" shall mean the software
used to run the liars poker room and allow the play of liars poker.
FREE PLAY: Free Registration
and membership is available to anyone who registers on the Site and becomes a
member, completes the registration process at www.LIARSPOKER.COM, meets the qualifications set forth herein and
affirmatively accepts these terms of use and the associated privacy policy.
NO PURCHASE IS NECESSARY TO ENTER "FREE PLAY" TOURNAMENTS. FREE PLAY
tournaments include "FREE Liars Poker Tournaments"
Challenge Play Membership: Challenge Play Members get unlimited
play time in two types of Game Rooms, 'FreePlay' and 'Challenge Play'. FreePlay
rooms are a great place for casual, friendly game sessions, like you'd play in
your family room on Friday night, and are open to both Free Members and
Challenge Members. Only Challenge Members have access to Challenge Club Game
Rooms, where hard-edged action leads to actual cash and merchandise prizes for
the top Players.
Free Liar's Poker
Membership has absolutely no cost--NO buy in, NO entry fees, NO deposits
required. Just sign up and play from your web browser! Free Members can
play in an unlimited number of Liar’s Poker FreePlay Gamerooms and
get their name posted on the leaderboards by becoming one of the top players.
NO PURCHASE IS NECESSARY TO ENTER DAILY TOURNAMENTS
- LIARSPOKER.COM reserves the right to change the TOKEN fees or
billing methods at any time. Notice of any change will be posted on LIARSPOKER.COM at least thirty
(30) days in advance of the change. You are responsible for reviewing the
billing requirements of LIARSPOKER.COM to obtain timely notice of such changes.
Continued use by you of the Service thirty (30) days after posting of the
changes on LIARSPOKER.COM
constitutes acceptance of such changes. If you decide to cancel your Player's
Club membership, LIARSPOKER.COM will not refund any fees accrued to your
Account before you canceled. LIARSPOKER.COM will not prorate fees for any membership. If
your use of our services is subject to use or sales tax, LIARSPOKER.COM may charge you for
any use or sales tax.
- Entry into any Challenge competition is
open to all persons of eighteen (18) or more years of age, in all fifty United
States, and all countries worldwide except where prohibited by local law.
Player's Club services & prizes are not available in the
following States:
Arkansas, Indiana, Montana, South Carolina, South Dakota,
and Tennessee.
- You may also receive Challenge entry
prizes in:
Argentina, Australia, Brazil, Canada, Egypt, Finland, France,
Germany, India, Mexico, Norway, South Africa, Spain, Sweden, Switzerland and the
United Kingdom.
c. Free
Tournaments Play and Challenge Play on www.LIARSPOKER.COM
are available to anyone who registers on the Site and becomes a player who is
legally registered according to all laws relating to game play and State and
Federal laws set forth and completes the registration process at www.LIARSPOKER.COM,
meets the qualifications set forth herein and affirmatively accepts these terms
of use and the associated privacy policy.
d. Challenge matches are small tournaments that run constantly in the Liars
Poker Room consisting of up to 10 tables with up to 5 players per table. No
additional players will be entered into a particular tournament once the maximum
number of players is reached. Entry is on a first come, first served basis.
Provided that the minimum number of players enters.
g. Internet issues may cause server interruptions and Sponsor will endeavor
to limit such interruptions during a tournament, but Sponsor does not assume
responsibility for any such problems. In the event of a player disconnection,
Sponsor will allow extra time for the disconnected player to reconnect in the
later rounds of a tournament. If a player chooses to sit out or is unable to
reconnect, he/she will still have cards dealt to him/her and will automatically
post blinds and antes. Players that are unable to reconnect during the allotted
time will have their hand automatically ended.
a. Subject To Local Laws. You are subject to the laws of the country,
state, city or other legal entity (collectively "Jurisdiction") in which you
reside and/or from which you access the Site. Access to the Site may not be
legal for some or all residents of, or persons present in, certain
Jurisdictions. It is your responsibility to determine the law that applies in
the applicable Jurisdiction, and LIARSPOKER.COM does not make any representation or warranty,
express or implied, as to the lawfulness of your participation in the tournament
sweepstakes, or that materials on this Site are appropriate for use in your
Jurisdiction. LIARSPOKER.COM
does not intend that the Site be used by persons present in Jurisdictions in
which the playing of skill based games for free or entering sweepstakes may be
prohibited or restricted. You agree that the Site does not constitute an offer,
solicitation or invitation by LIARSPOKER.COM for the use of any service in any Jurisdiction
in which such activities are prohibited or restricted. You agree that, and LIARSPOKER.COM asserts that, LIARSPOKER.COM shall not have any
responsibility under any laws in any Jurisdiction, other than the state of
Missouri in the United States. LIARSPOKER.COM further reserves the right to require you to
provide proof that you are eligible to participate and win prizes in the online
liars poker tournament sweepstakes prior to payment of any winnings or prizes.
LIARSPOKER.COM also reserves
the right, in its sole and absolute discretion, to refuse service and access to
any potential participant.
b. Parental Control. Parental control protections (such as computer
hardware, software or filtering services) are commercially available and may
assist you in limiting access to material that is harmful to those under
eighteen (18) years of age, or the legal age to participate in the tournament
sweepstakes in the applicable Jurisdiction, whichever is higher.
a. Initial Account Establishment. To register on the Site and become
a game player, you must complete the registration process at LIARSPOKER.COM and affirmatively
accept these terms of use and the associated privacy policy. You will receive a
specific ID and password to enable access to your account to manage your
account.
b. Continuing Duty and Affirmation. Each time you use the Site, you
represent and warrant to LIARSPOKER.COM that: (i) you are at least eighteen (18) years
of age, or the legal age to participate in a tournament sweepstakes in the
applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your
participation in tournament sweepstakes, and LIARSPOKER.COM's offering and operating the tournament
sweepstakes are legal in your applicable Jurisdiction; (iii) the e-mail address
submitted by you is owned or controlled by you; and (iv) all information you
provide is true, accurate, current and complete. All such representations and
warranties are relied upon by LIARSPOKER.COM. By applying for registration, you authorize LIARSPOKER.COM to make any and
all enquiries as LIARSPOKER.COM in its sole discretion considers necessary to
verify the information provided by you. LIARSPOKER.COM may require you to submit such proof of age,
identity and place of residence as it may require, at any time. LIARSPOKER.COM reserves the right
to suspend and/or terminate your registration and/or account where it has
grounds to suspect that any of your provided information is untrue, inaccurate,
not current or incomplete. You maintain the responsibility to promptly update
the information provided at registration to keep it true, accurate and complete.
c. No
Employees. No employee of LIARSPOKER.COM or of any of its parent companies, subsidiaries
or affiliates, licensees, advertising, promotional or other agencies, software
suppliers and/or developers is permitted to win any prizes on the Site. Any such
person found to have violated this provision shall not be entitled to collect
any winnings.
d. One
Account Only. You may only register one account for yourself. You hereby
acknowledge and agree that you shall not register more than one account, for
your self. If it is determined that you have registered more than one account,
then you acknowledge and agree that you shall not be eligible to win any prizes
and you may be excluded from play.
e. Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND
AGREE THAT TOURNAMENT SWEEPSTAKES ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY
SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE
TOURNAMENT SWEEPSTAKES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU
HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND
CONDITIONS ARE FAIR.
- Challenge Token Fees. By
completing the Challenge registration, you authorize LIARSPOKER.COM to charge
applicable Challenge Token fees to your designated credit card. LIARSPOKER.COM reserves the right
to change our fees or billing methods at any time. LIARSPOKER.COM will post any such
changes in this Terms and Conditions section on at least thirty (30) days before
they become effective. You are responsible for reviewing the terms and
conditions section of LIARSPOKER.COM to obtain timely notice of such changes. LIARSPOKER.COM is not responsible
for any results, such as an overdraft fee, that may occur to your account
because of pending charges. You are responsible for any Internet service
provider, telephone, wireless and other connection fees that you may incur when
using LIARSPOKER.Com.
a. Secrecy Obligation. Once you have selected and been allocated a
unique username and password or other appropriate security code ("Identifiers"),
it is your responsibility to keep these Identifiers secure and confidential.
Some or all of these Identifiers are required to access certain areas of the
Site. In the event that you are concerned that they are no longer secure and
confidential, you should immediately notify LIARSPOKER.COM by sending an e-mail to support@LiarsPoker.com,
whereupon new Identifiers may be selected and allocated and any future
transactions under the previous Identifiers may be voided, at the sole
discretion of LIARSPOKER.COM.
Without limiting the foregoing, any transactions made and accepted on the Site
where your Identifiers have been used (and where you have not previously
notified LIARSPOKER.COM as
provided herein) will be treated as valid.
b. No
Transfer. Your account is not transferable. Under no circumstances, shall
you allow or permit any other person or third party, including without
limitation any person under the legal age to participate in tournament
sweepstakes, and in no event any person under the age of eighteen (18) years, to
use or re-use your account or your Identifiers in such a way that may breach the
standards or laws in any Jurisdiction where you are located and/or are a
resident, or where such other person is located and/or is a resident. Any person
found to have violated this section will not be entitled to collect any prizes
or winnings and may be reported to the relevant authorities.
c. You
Are Responsible. You agree to be solely responsible for all use of the Site
(including without limitation participation in tournament sweepstakes) through
the use of any of your Identifiers (except where you have notified LIARSPOKER.COM as provided above)
and you agree to indemnify and hold harmless LIARSPOKER.COM, along with its parent company, affiliates,
managers, agents and directors, for any and all claims, losses, liability,
damages and costs (including attorneys' fees and expenses) arising from such
use.
8. No Interest. Any
monies or prizes held in your account shall not bear interest in your
favor. If you win any money or prizes from the tournament sweepstakes, then you
are solely responsible for and required to make all arrangements for the payment
of any taxes due from you in your applicable Jurisdiction.
a. Services May Change or End. LIARSPOKER.COM reserves the right, in its sole discretion, at
any time and without notice to you, to add, alter or discontinue services
offered on the Site without creating any obligation to you.
b. You
Must Obey Guidelines and Rules. When using the services on the Site, you
agree that you are subject to any guidelines, policies or contest rules
applicable to such services, which may be posted from time to time. All such
guidelines, policies or contest rules are hereby incorporated by reference into
these terms. You fully accept that all computer instructions and responses sent
over the Internet to and from LIARSPOKER.COM and/or through use of software will be binding
on you. Your commercial use of the Site or any of the online contests is
strictly forbidden.
c. Telecom and Access Fees. You are solely responsible for obtaining
access to the Site and that access may involve third party fees, including
without limitation, Internet service provider, telephone, cable or airtime fees.
You are solely responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must provide and are
solely responsible for all equipment necessary to access the Site.
e. Cheating. You acknowledge and agree that you shall not cheat,
attempt to cheat, or otherwise interrupt or attempt to interrupt the operations
of the Site or any particular Site service or contest. If LIARSPOKER.COM believes in its
sole discretion that you have engaged, or attempted to engage, in any act to
cheat, use automated technology or otherwise unfairly alter your likelihood of
winning, or to otherwise commit fraud with regard to the Site, then, in such an
event, you will forfeit all prizes or winnings to which you may otherwise be
entitled, and LIARSPOKER.COM
reserves the right to institute civil or file criminal proceedings against you
and to report you to the relevant regulatory authorities.
. You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of any Site or use of any portion of the Site for
any commercial purposes.
i. You shall not register multiple accounts or use
any automated technology, including but not limited to robots, scripts, macros,
and/or programs, LAN play, or engaging in team play on any LIARSPOKER.COM web site,
including but not limited to the Site. You acknowledge and understand that any
attempt to participate in any service offered on any LIARSPOKER.COM Site by means of
automatic, macro, programmed, or similar methods, or to otherwise commit fraud
with regard to any LIARSPOKER.COM Site, will result in civil and/or criminal
prosecution, termination of your account, and forfeiture of all winnings to
which you may otherwise be entitled.
ii. You shall accept and abide by the contest rules
set forth on the contest rules web page, to be amended from time to time by LIARSPOKER.COM in the sole
discretion of LIARSPOKER.COM.
iii. You agree that LIARSPOKER.COM is not liable for any loss caused by any
unauthorized use of your credit card by a third party in connection with any LIARSPOKER.COM Site or any third
party site.
iv. Any attempt to defraud any LIARSPOKER.COM site through the
use of credit cards or any other form of payment, regardless of the outcome, or
any failure by you to honor charges or requests for payment will result in
immediate termination of your account, forfeiture of any winnings to which you
are otherwise entitled, and civil and/or criminal prosecution.
v. You agree that LIARSPOKER.COM is not, and shall not be, responsible for any
damage, loss, or injury resulting from hacking, tampering, or other unauthorized
access or use of any LIARSPOKER.COM site or your account.
vi. You, as the holder of your account, are solely
responsible for all obligations and are entitled to all benefits therefrom, and
may not allow any other person to access your account, access any LIARSPOKER.COM site, accept any
winnings, or participate in any services using your account information. Your
account is not transferable to any other person. By registering and/or
participating in any services offered on the LIARSPOKER.COM site, you agree to indemnify, defend, and hold
LIARSPOKER.COM harmless from
or for any claims, liability, damages, and/or costs (including attorneys' fees)
arising from any use of your account by any person.
vii. You agree to never transmit data, conversation, or
any other information that may be (i) be defamatory or offensive, (ii)
slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide
information regarding playing contests on the Site, or (vi) deemed generally
unacceptable behavior in the sole discretion of LIARSPOKER.COM.
g. Computer Errors. You acknowledge that full freedom from errors and
incompleteness is impossible to achieve with respect to computer software. If
you become aware that the software contains any error, or is incomplete, you
shall immediately notify LIARSPOKER.COM by e-mail at support@LiarsPoker.com. You agree
to refrain from taking any advantage whatsoever of that error or incompleteness
and LIARSPOKER.COM reserves
the right to recover any such advantage that you do gain from such error or
incompleteness, as well as all associated costs, damages and expenses in making
such recovery. LIARSPOKER.COM
will not be liable for any alleged winnings that are, in LIARSPOKER.COM's sole discretion,
the result of a system error or malfunction.
- Verification. Whenever LIARSPOKER.COM requests
additional verification, proof or documentation from you, including without
limitation a copy of your passport, driver's license or utility bill, such
materials must be sent by facsimile, mail or such other means of communication
specified by LIARSPOKER.COM.
Such materials will become the property of LIARSPOKER.COM and will not be returned to you.
- LIARSPOKER reserves the right to
determine in its sole discretion whether a customer is a "valid person".
a. Other Sites Are Not Our Responsibility. This Site may link you to
other websites, which websites may contain information or material that some
people may find objectionable. These other websites are not under the direct
control of LIARSPOKER.COM and
you acknowledge that LIARSPOKER.COM is not responsible for the accuracy, copyright
and trade mark compliance, legality, decency or any other aspect of the content
of such websites. You further acknowledge and agree that LIARSPOKER.COM 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
third party content, goods or services available on or through any such website.
a. Intellectual Property. You acknowledge and agree that all content
and materials available on this Site are protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights and laws.
Designated trademarks, service marks and brands are the property of their
respective owners. Reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this Site is strictly prohibited
without the express written permission of LIARSPOKER.COM. Except as expressly authorized by LIARSPOKER.COM, you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from
such materials or content. Notwithstanding the above, you may print or download
one copy of the materials or content on this Site on any single computer at any
given time for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Use of the content or materials for any
purpose not expressly permitted in these terms is strictly prohibited.
b. License. LIARSPOKER.COM grants you a personal, non-transferable and
non-exclusive right and license to use any necessary software used in connection
with its services on any single computer at any given time, provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, decompile, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, 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 Site. You agree not to access the Site by any means other than through
the interface that is provided by LIARSPOKER.COM for use in accessing the Site.
b. ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, LIARSPOKER.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL
MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
DOWNLOAD.
d. LIARSPOKER.COM DOES NOT WARRANT
ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL
MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIARSPOKER.COM, ITS SUBSIDIARIES,
AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT
MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL
BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD.
15. Limitation of
Liability. IN NO EVENT SHALL LIARSPOKER.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO
YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL LIARSPOKER.COM BE RESPONSIBLE FOR
ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER
UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION
CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF LIARSPOKER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
16. Sole Remedy. IN ANY
EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING
OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL
OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF
THE SERVICE AND TERMINATE THIS AGREEMENT.
17. Indemnity. You agree
to defend, indemnify and hold harmless LIARSPOKER.COM and its parent, subsidiaries, agents, managers,
and other affiliated companies, and their employees, contractors, agents,
officers and directors, from all liabilities, actions, claims and expenses,
including legal fees, asserted by any third party, governmental body or
governmental agency, arising out of or relating to: (a) this agreement; (b) your
use of the Site, including any data or work transmitted or received by you or
any service provider; (c) your connection to any LIARSPOKER.COM site; (d) your violation of this agreement; (e)
your violation of any gaming regulations, edicts or laws to which the you are
subject; or (f) your violation of any rights of a third party or service
provider.
a. If LIARSPOKER.COM, its parents,
affiliates, managers, or directors determines that operating the tournament
sweepstakes is not feasible for any reason, including, but not limited to, a
change in the risk of operating the contests, or insufficient participation in
the contests, then the tournament sweepstakes may be ended by LIARSPOKER.COM and LIARSPOKER.COM shall owe you
nothing. LIARSPOKER.COM, its
parents, affiliates, managers, or directors, may in their sole and absolute
discretion have a drawing for any prizes in the event that the tournament
sweepstakes is cancelled.
a. Incorporation. You agree that this agreement and all incorporated
agreements may be automatically assigned by LIARSPOKER.COM, in its sole discretion, to a third party in
the event of a merger or acquisition.
c. Severability and Integration. Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and LIARSPOKER.COM with respect to
this Site and supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and LIARSPOKER.COM with respect to
this Site. If any part of these terms is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
d. Notices. Except as expressly stated otherwise, any notices to LIARSPOKER.COM shall be made by
registered mail to LIARSPOKER.COM, Attention: Customer Service Department, 110
North Jefferson Street, St. Louis, MO 63103. Notices to you may be made to the
e-mail address you provide to LIARSPOKER.COM during the registration process or by postal
mail (including registered mail) to the address you provide to LIARSPOKER.COM during the
registration process. Notice sent to you shall be deemed given twenty-four (24)
hours after e-mail is sent and three (3) days after the date of mailing.
f. Choice
of Law and Forum. These terms shall be governed by and construed in accordance
with the laws of Missouri, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or
relating to these terms, the tournament sweepstakes or your use of this Site
shall be resolved in accordance with the dispute resolution terms set forth in
Section 17.g of these terms.
g. Dispute Resolution. You and LIARSPOKER.COM agree that any Dispute between you and LIARSPOKER.COM will be resolved
exclusively and finally by arbitration administered by the National Arbitration
Forum ("NAF") and conducted under its rules, except as otherwise provided below.
You and LIARSPOKER.COM will
agree on another arbitration forum if NAF ceases operations. The arbitration
will be conducted before a single arbitrator, and will be limited solely to the
Dispute between you and LIARSPOKER.COM. The arbitration, or any portion of it, will
not be consolidated with any other arbitration and will not be conducted on a
class-wide or class action basis. The arbitration shall be held at a reasonable
location in St. Louis County, Missouri. If you prevail in the arbitration of any
Dispute with LIARSPOKER.COM,
LIARSPOKER.COM will reimburse
you for any fees LIARSPOKER.COM you paid to NAF in connection with the
arbitration. Any decision rendered in such arbitration proceedings will be final
and binding on the parties, and judgment may be entered thereon in any court of
competent jurisdiction. Should either party bring a Dispute in a forum other
than NAF, the arbitrator may award the other party its reasonable costs and
expenses, including attorneys' fees, incurred in staying or dismissing such
other proceedings or in otherwise enforcing compliance with this dispute
resolution provision. You understand that, in the absence of this provision, you
would have had a right to litigate disputes through a court, including the right
to litigate claims on a class-wide or class action basis, and that you have
expressly and knowingly waived those rights and agreed to resolve any Disputes
through binding arbitration in accordance with the provisions of this paragraph.
This arbitration provision shall be governed by the Federal Arbitration Act, 9
U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute"
means any dispute, controversy, or claim arising out of or relating to (i) this
agreement, its interpretation, or the breach, termination, applicability or
validity thereof, (ii) the related order for, purchase, delivery, receipt or use
of any product or service from LIARSPOKER.COM, or iii) any other dispute arising out of or
relating to the relationship between you and LIARSPOKER.COM; the term "LIARSPOKER.COM" means LIARSPOKER.COM and its parents, subsidiaries, affiliates,
directors, officers, employees, beneficiaries, agents, assigns, component
suppliers (both hardware and software), and/or any third party who provides
products or services purchased from or distributed by LIARSPOKER.COM. Information may
be obtained from the NAF on line at www.arb-forum.COM, by calling 800-474-2371 , or writing to
P.O. Box 50191, Minneapolis, MN, 55405.
By accessing this website you represent
that you have read this agreement in its entirety, understand its terms, are
duly authorized to execute this agreement on behalf of yourself, and you will be
bound by these terms.
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