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 win money without the risk of ever losing money. Currently LiarsPoker
operates one of the fastest growing casual game services in the U.S. and has
built an exciting and diverse player community. The Company is located in St.
Louis, Missouri.
How does LiarsPoker
work?
At LiarsPoker, you don't have to spend
money to make money. FREE Basic Membership winners may take home real cash.
Anyone can enter these tournaments with no entry fee of any kind, whenever they're
held - but for a small monthly fee, “Players Club” Members receive a suite of
benefits including Individual Performance Ratings, Bidding Odds Calculator,
Friends Network, Text Chat, Game Table Invitations and Game Alerts for $9.99
monthly. Either way, FREE Basic or Players Club 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.
a.
Definitions. The following terms
shall have the following meanings in this agreement:
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.
b.
Section
References. References to a "Section" shall be deemed references
to an enumerated section of this agreement.
c.
Subsection
References. References to a "Subsection" shall be deemed
references to labeled Subsection of this agreement.
d.
Reference
and Convenience of Labels. Section headings and Subsection labels are
used for convenience and referential notation only and shall have no
interpretative effect or impact whatsoever.
Liar’s Poker has two membership
levels, FREE Liar’s Poker Basic Membership and Liar’s Poker Player’s Club
Membership.
FREE Basic Membership: Basic 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 "Basic Liars Poker Tournaments"
Player’s Club
Membership: Player's Club Members get unlimited play time in two types
of Game Rooms, 'FreePlay' and 'Player's Club'. 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 Basic Members and Player's Club Members.
Only Player's Club Members have access to Player's Club Game Rooms, where
hard-edged action leads to actual cash and merchandise prizes for the top
Players. Also, only Player's Club Members have access to the Bidding Odds
Calculator. With Player's Club Membership, you'll never have to pay an entry
fee, deposit or a buy-in to any Game Room. Player's Club also provides
performance-based ranking, the Friends network, text chat, and Game Table
Invitations and Game Alerts for both FreePlay and Player's Club Game Rooms.
When a Player's Club Member wins a Player's Club round, he or she receives 'Club
Points' that may be accumulated and redeemed for real cash and prizes.
Free Liar's Poker Basic Membership has
absolutely no cost--NO buy in, NO entry fees, NO deposits required. Just
sign up and play from your web browser! Basic Members can play in an
unlimited number of Liar’s Poker FreePlay Gamerooms and win
Liar’s Poker 'Basic Points'. In fact, the top three Basic Members each
week earn 100 Club Points, which allows them to compete in the Liar’s
Poker Player's Club Game Rooms for cash and prizes. NO
PURCHASE IS NECESSARY TO ENTER DAILY CASH TOURNAMENTS OR QUALIFYING TOURNAMENTS
Some tournaments at LIARSPOKER require a
player to qualify to enter by virtue of placement in other tournaments known as
Qualifying Tournaments. Qualifying Tournaments include Player's Club
Multi-table Liars Poker Tournaments, Player's Club Tournaments. There are two
methods of entry into Daily Cash tournaments and Qualifying Tournaments played
on LIARSPOKER.COM. NO PURCHASE IS
NECESSARY TO ENTER DAILY CASH TOURNAMENTS OR QUALIFYING TOURNAMENTS.
Player's Club
Membership Fee.
1.
LIARSPOKER.COM
charges a fee to access certain areas of our site and receive certain
membership benefits such as newsletters, individual performance ratings and
Live Chat customer service, that are not available to FREE Basic Members.
Player's Club members will also be granted access to play in Daily Cash
tournaments and Qualifying tournaments and participate in related activities on
LIARSPOKER without having to complete a mail-in registration.
2.
YOUR
PLAYER'S CLUB MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN
WHOLE OR IN PART FOR ANY REASON.
3.
LIARSPOKER.COM
reserves the right to change the 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.
1.
OFFLINE,
NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into Daily
Cash tournaments or Qualifying tournaments, a player must:
a.
Register
at LIARSPOKER.COM as a free player; and
b.
For each
thirty day period that you want to participate in Qualifying Tournaments and
Daily Cash Tournaments, send a 3 inch x 5 inch card on which the player has
legibly handwritten the player's LIARSPOKER screen name, First and Last Name,
Complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address,
Date of Birth, and the thirty day period beginning at 12:01 a.m. Eastern time
on the first day and ending at midnight on the thirtieth day in which the
player would like to participate (one thirty day period per card) in mm/dd/yyyy
format. The card must be placed in a #10 envelope, and mailed to MVP Network,
Inc., 110 North Jefferson Street, St. Louis, MO 63103. No photocopies,
reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 1
card per envelope.
c.
Entries
must be received no earlier than fourteen (14) calendar days prior to the
thirty day period in which entry is requested and no later than seven (7)
calendar days prior to the thirty day period in which entry is requested.
LIARSPOKER.COM will post a schedule of all tournaments. LIARSPOKER.COM shall
not be responsible for late, lost, illegible, incomplete, stolen, misdirected,
mutilated or postage-due mail.
d.
Entry into any Player's Club
services 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.
e.
You may also receive Players Club prizes in:
Argentina, Australia, Brazil, Canada, Egypt, Finland, France, Germany, India,
Mexico, Norway, South Africa, Spain, Sweden, Switzerland and the United Kingdom. Approved
mail-in entries will receive poker points per section - Mail in Entries
1(a),(b),(c).
f.
The odds
of winning any prize will be the same by mail in entry as by online membership
in the Player's Club. The odds of qualifying through a qualifying tournament
will be the same by mail in entry as by online membership in the Player's Club,
and all participants entering through this means will be accorded equal
opportunities to participate and win in events held at LIARSPOKER.COM, and will
depend on the number of entrants.
g.
This
method of entry is valid only for Weekly Cash tournaments, Qualifying
Tournaments and any referral tournaments on LIARSPOKER.COM as defined in
section 2., b.
h.
For
entry into Ratings Based Tournaments, players are allowed entry only into the
tournament specific to their rating level at the time of registration.
c.
USE OF Basic
Points. Basic Points is the currency used in Free Play
i.
Everyone
receives 100 in Basic Points when they open their account. An additional 100 in
Basic Points can be acquired once every calendar day by going to the MY PROFILE
section of the game client and clicking on ' Basic Points ' link. The extra
$100 in Basic Points will be awarded immediately. If the player doesn't claim
that day's 100 in Basic Points, it is forfeited and not recoverable on
subsequent days.
ii.
Basic
Points have no cash value whatsoever and cannot be used for any purpose except
as provided in this section.
d.
USE OF
Club Points. Club Points are awarded as a result of play in Player's Club Liars
Poker Tournaments Weekly Cash Tournaments, and Daily Cash Tournaments as set
forth in these terms and conditions. Club Points can only be used to enter all
Players Club tournaments. Tournaments
with advertising sponsors may require uniquely coded Club Points to join. Club Points work as follows:
i.
Player's
Club members receive 100 Club Points each day after logging in and viewing the
advertisements surrounding their “My Account” profile. Players Club members are provided with 100
Club Points each day only after viewing the advertisements.
ii.
Basic
Points cannot be used in Player's
Club Play.
iii.
Basic
Points have no cash value whatsoever and cannot be used for any purpose except
as provided in this Section.
a.
Liars
Poker Room Games. Players may play at any open table:
b.
Table
Play is constantly available in the Liars Poker Room. The amount of Basic
Points or Club Points required to buy in to a particular game will be posted at
each table on the site. No Club Points will be awarded for Casual play unless
stated as a prize.
FREE Basic play can
be found in the "Liars Poker Rooms" within the LIARSPOKER.com game.
Each table within the Liars Poker Rooms can have different table bet limits for
beginners, intermediates and advanced players. Generally, the higher the table
limit, the more difficult the table.
c.
Free
Basic Tournaments and Player’s Club Play on www.LIARSPOKER.COM
are 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.
. FREE Basic Tournaments are ongoing tournaments
occurring in the Liars Poker Room consisting of exactly 2 to 5 players.
.
FREE Basic Multi-Table
Tournaments are scheduled tournaments in the Liars Poker Room. 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, a FREE Basic Multi-Table Tournament will be held at intervals announced on
the Tournament link at LiarsPoker.com. LIARSPOKER.COM will not conduct a FREE Basic Multi-Table Tournament unless the minimum
number of players registers to play that tournament.
d.
Players
Club tournaments on www.LIARSPOKER.COM
are available to Player's Club members and mail-in entrants.
.
Players
Club Tournaments are small tournaments that run constantly in the Liars Poker
Room consisting of up to 10 tables with up to 5 players per table. Players Club Multi-table Tournaments are
scheduled tournaments in the Liars Poker Room. 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. Club Points will be required to buy in to
(participate in) a particular Multi-table tournament. LIARSPOKER.COM will not
conduct a Multi-table tournament unless the minimum number of players registers
to play that tournament.
e.
Daily
Cash Tournaments are scheduled tournaments with a limited amount of players
identified on the Tournament link at LiarsPoker.com (note that this maximum is
subject to change without notice to players). 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. The exact times of each
Daily Cash Tournament will be posted on the site. LIARSPOKER.COM will not
conduct a Daily Cash Tournament unless the minimum number of players register
to play that tournament.
4.
Weekly
Cash Players Club Tournaments - Entry requirements for Weekly Cash Players Club
Tournaments are as follows:
Entry into the Weekly Cash Tournament Finals requires FREE Basic players to
finish as one of the top three players that week based on that particular
weekly tournament as required at LiarsPoker.com
a. Weekly Cash
Tournament Qualifiers are tournaments played on the LiarsPoker.com Players Club
link. Weekly Cash Tournament Qualifiers will be held throughout each week on
LIARSPOKER.COM.
b.
Players can enter as many Weekly Cash Tournament Qualifiers as
they have Club Points to meet the entry requirements but can earn only one (1)
entry into the Weekly Cash Tournaments, regardless of how many times they
qualify.
5.
General
Rules Applicable to All Tournaments:
a.
All
tournaments will begin at the time designated in the tournament details, which
may be found in the LIARSPOKER My Profile area.
b.
Each
player will select a seat and he/she may not change his/her assigned table.
c.
If a
player registers for any tournament and is inactive (does not participate)
during the first bid, the player will be removed from the tournament and no buy
in will be refunded.
d.
The
tournament finishes when one (1) player has won the most Club Points by a
designated time is declared the winner. Certain tournaments will have second,
third, fourth and fifth place winners as established before the start of the
tournament.
e.
Any play
deemed unethical by the Sponsor in its sole discretion including, without
limitation, team play will result in the applicable player(s) being
disqualified from the tournament.
f.
As
players are eliminated over the course of a tournament, tables will be
consolidated to keep a full complement of players. Table reassignments are an
inherent part of tournaments and apply equally to all players.
g.
Players
and observers are asked to use the chat function in a friendly and considerate
way. At no time are players and observers allowed to discuss or comment on live
hands.
h.
Prizes
will only be awarded for tournaments with at least 2 participants.
i.
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.
c.
Player's Club services are available to
United States residents except those residents living in the following states:
Arkansas, Indiana, Montana, South Carolina, South Dakota and Tennessee.
d.
In addition, Player's Club services are available to residents
of Argentina, Australia, Brazil,
Canada, Egypt, Finland, France, Germany, India, Mexico,Norway, South Africa,
Spain, Sweden, Switzerland and the United Kingdom.
e.
Moreover,
mail-in entry is not available to residents of states for any tournament in
which Player's Club services are not available.
f.
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 member, 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.
- Player's Club Services. By completing
the Player's Club registration, you authorize LIARSPOKER.COM to charge
applicable recurring Player's Club fees to your designated credit card.
Monthly Player's Club members are billed on a 30-day cycle, which begins
upon Player's Club registration (or at the end of a limited trial period,
if applicable to a promotion that you joined through) and ends 30 days
thereafter (each a "Player's Club Month"). If you do not cancel
before the end of the period, LIARSPOKER will automatically renew your
Player's Club plan at the end of the period and you will be billed
according to the plan you are currently on. If your use of our services is
subject to use or sales tax, then LIARSPOKER.COM may also charge you for
any such taxes, besides the Player's Club fee or other fees published at
LIARSPOKER.COM. 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.
Continued use of the Service of thirty (30) days after posting of the
changes on LIARSPOKER.COM means that you accept such changes. If you
decide that any change is unacceptable, you may cancel your Player's Club
membership. LIARSPOKER.COM will only refund fees that have not accrued to
your account before cancellation of your Player's Club membership. To
cancel your Player's Club membership visit LIARSPOKER.COM and login to the
Member Login area for cancellation instructions. 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.
9. Account Identifiers
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.
10. 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.
11. Account Suspension
a.
Right
To Cancel Account. LIARSPOKER.COM reserves the right to refuse or cancel
your registration and/or account for any reason whatsoever at any time with or
without notice to you.
b.
Investigation. If your account is
terminated or suspended, LIARSPOKER.COM reserves the right to determine whether
to declare as void any transactions placed by you.
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.
d.
Odds,
Risk and Fair Play. You acknowledge and agree that the tournament
sweepstakes are skill based contests that measure your ability to play liars
poker and manage risk against the skills of others and that you are not likely
to profit from this entertainment endeavor.
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.
f.
Behavior
& Responsibility
.
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.
h.
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.
i.
Referrals.
0.
If you
are a LIARSPOKER member and you refer a "valid person" (as defined
below) to LIARSPOKER through LIARSPOKER's referral process, and that person
becomes a paying member of the LiarsPoker Player's Club and remains a paying
member for three consecutive months, you will receive one hundred (100) Club
Points.
1.
A
"valid person" must be a new customer (and unique to LIARSPOKER),
over the age of 18 that registers for LIARSPOKER.COM and
a.
Is not
registered under any other name or alias
b.
Submits
a valid email address
c.
Submits
their legal First and Last Name
d.
Submits
a complete valid mailing address
e.
Accepts
the LIARSPOKER.COM Terms & Conditions and
f.
Meets
all other qualifications to be a LIARS POKER Players Club member and to play on
the LIARSPOKER site as set forth in these terms and conditions, as they may be
modified from time to time.
LIARSPOKER reserves the right to determine in its sole
discretion whether a customer is a "valid person".
2.
By
entering a referral e-mail address, you hereby authorize LIARSPOKER to use your
name to extend an invitation to the user of that e-mail address to join
LIARSPOKER.
3.
We may
modify any of the terms and conditions of or cancel the referral program, at
any time and in our sole discretion, by posting a change or cancellation notice
on our site. Modifications may include, for example, changes in the scope of
available bonus, and of referral program rules.
4.
Any
abuse of the referral program may result in the cancellation of the above
bonuses or entry, as well as account closure.
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.
b.
Future
Marketing. You hereby acknowledge and agree that LIARSPOKER.COM and/or its
affiliates may market products and services to you in the future.
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.
a.
The
LIARSPOKER.COM site is not open to anyone under the age of eighteen (18).
b.
The
LIARSPOKER.COM site privacy policy is set forth in the Privacy Policy;
you hereby agree to the terms of this policy and acknowledge that such terms
and policies may be changed without specific notice to you.
a.
YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
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.
c.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
LIARSPOKER.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
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.
17. 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.
18. 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.
19. 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.
20. Right To Cancel
Contest
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.
b.
No
Waiver. LIARSPOKER.COM's failure to act with respect to a breach by you or
others does not waive its right to act with respect to subsequent or similar
breaches. LIARSPOKER.COM's failure to enforce in one or more instances any of
these terms shall not be construed as a waiver of the future performance of any
term.
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.
e.
Time
Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to this agreement or use
of the Service must be filed within one (1) year after such claim or cause of
action arises or be forever barred.
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.