|
THIS IS A LEGAL AGREEMENT
BETWEEN YOU ("YOU" OR "USER") AND HESPY
POKER LLC. ("WE", "US", OR "Hespy Poker") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN
YOUR USE OF THE HESPY POKER SERVICE. THIS AGREEMENT, TOGETHER WITH ALL
UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, PROMOTIONAL OFFER TERMS AND ALL OF HESPY
POKER’S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT"
BETWEEN YOU AND HESPY POKER. BY ACCESSING THE HESPY POKER SITE AND USING ANY
OF THE HESPY POKER SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1.
Definition of the Hespy Poker Service. Hespy Poker is the creator and
provider of a service (the "Hespy Poker Service") that
permits users to manage and analyze their poker bankroll through means including
but not limited to Hespy Poker’s Web site, hespy.com, and such other or
successor domain names as may be operated, acquired, or used from time to
time by Hespy Poker (collectively, "Hespy Poker Site").
2.
Requirements for Use of the Hespy Poker Service. The Hespy Poker Service is for individuals over 18 years of
age who can form legally binding contracts under applicable law. If you do
not meet the foregoing or other applicable requirements, you may not use the Hespy Poker
Service.
3.
Privacy. Hespy Poker’s Privacy Policy is expressly
incorporated herein by reference and made a part of this Agreement.
4.
Your Information. You agree to provide current, complete, and accurate information
required to complete your registration with the Hespy Poker Service and at other points as may be
required in the course of using the Hespy
PokerService (such information will be referred to herein,
collectively, as "Registration Data"). You further agree to
maintain and update Registration Data as required to keep it current,
complete, and accurate. You shall not use a false or misleading name or a
name that you are not authorized to use. If any information you provide is
false, incomplete, or inaccurate, we may terminate your rights to any or all
of the Hespy Poker Service. If the information you provide
is fraudulent, you may also be subject to criminal and/or civil liability.
5.
User Account, Password, and Security.
a.
Account and Password. As a registered user of the Hespy Poker Service, you may receive or establish one or
more passwords and accounts ("Hespy Poker Account(s)"). You
are solely responsible for maintaining the confidentiality and security of
your passwords and Hespy Poker Accounts.
You may not divulge your password to anyone else or use anyone else's
password or Hespy PokerAccount.
You are entirely responsible for all activities that occur on or through your
Hespy PokerAccount(s),
and you agree to notify us immediately about any unauthorized use of Hespy PokerAccounts or any
breach of security. You agree that we will not be responsible for any losses
incurred in connection with any misuse of passwords and you further agree
that we will have no responsibility whatsoever for your failure to comply
with this Paragraph. Your breach of this Paragraph may result in immediate
termination of your Hespy PokerAccount(s),
and may also subject you to criminal or civil liability.
b.
Security, Cracking and Hacking. You shall not violate or attempt to violate the security
of the Hespy Poker Service.
Accordingly, you shall not: (i) access data or materials not intended for
you; (ii) log into a server or account which you are not authorized to
access; or (iii) attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization. Violations of system or network security may result in civil or
criminal liability. We reserve the right to investigate occurrences which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations.
You agree that it is your responsibility to install anti-virus software and
related protections against viruses, Trojan horses, worms, or other computer
programming routines or engines that are intended to damage, destroy, disrupt
or otherwise impair a computer's functionality or operation which may be
transferred to your computer via the Hespy
Poker Service.
6.
Grants of Licenses
a.
Site Access License. Hespy Poker grants
you a limited, revocable, non-exclusive, non-transferable license to access
and make personal non-commercial use of the Hespy PokerSite and not to download (other than page
caching) or modify all or any portion of the Hespy PokerSite. This license does not include any
resale or commercial use of the Hespy
PokerSite or its contents; any use of data mining, robots, or
similar data gathering and extraction tools (other than provided by Hespy Poker). The Hespy Poker
Site and/or any
portion of the Hespy PokerSite
may not be reproduced, duplicated, copied, sold, resold, visited or otherwise
exploited for any commercial purpose without our express written consent. You
shall not frame or utilize framing techniques to enclose any trademark, logo
or other proprietary information (including images, text, page layout or
form) of Hespy Poker, its
content providers or its affiliates without express written consent. You
shall not use any Meta tags or any other
"hidden text" utilizing our name or trademarks without our express
written consent. Any unauthorized use automatically terminates the
permissions and/or licenses granted by us to you. You are granted a limited,
revocable, non-exclusive, non-transferable right to create a hyperlink to the
home page of the Hespy PokerSite
so long as the link does not portray us, our content providers, our
affiliates, or our products or services in a false, misleading, derogatory or
otherwise offensive manner. You may not use any Hespy Pokerlogo or other proprietary graphic or
trademark as part of the link without express written permission.
b.
No Other License. Except as expressly stated herein, no rights or licenses are granted
hereunder.
7.
Cancellation of your Hespy Poker Subscription. After six (6) months on inactivity, your
subscription will be automatically cancelled.
8.
Agreement to Pay. You agree that you will pay timely, and that we may charge your
credit card for any Hespy Poker
Merchandise (including any taxes
and other fees, as applicable) as may
be accrued by or in connection with your Hespy PokerAccount(s) (collectively, "Hespy Poker Fees
"). You agree that Hespy Poker may use all legal
means available to collect Hespy Poker Fees should our attempts to charge
your credit card on record fail for any reason. Hespy Poker will charge you
for any collection agency and legal fees it pays while collecting Hespy Poker
Fees from you.
9.
Electronic Signatures and Contracts. Your use of the Hespy Poker Service includes the
ability to enter into agreements and/or to make Purchases electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND
APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO ON THIS SITE.
YOU
CONSENT TO HESPY POKER PROVIDING YOU ANY INFORMATION THAT HESPY POKER IS
REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER
TRANSACTIONS (“REQUIRED INFORMATION”) IN ELECTRONIC FORM. HESPY POKER MAY
PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU
SPECIFIED IN YOUR HESPY POKER MEMBERSHIP SUBMISSION, (2) BY ACCESS TO AN HESPY
POKER WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE
TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN HESPY POKER WEBSITE
THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
IN
ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE
FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A
MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF
ACCESSING AND DISPLAYING WEB PAGES.
YOUR
CONSENT TO ELECTRONIC AGREEMENTS SET FORTH
ABOVE IS NECESSARY FOR USE OF THE HESPY POKER SERVICE. YOU MAY WITHDRAW
CONSENT BY SENDING HESPY POKER AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU
INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A
TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE HESPY POKER
SERVICE.
10.
Availability of Hespy Poker Site. We will exercise reasonable efforts to maximize the
availability of the Hespy Poker Site. On occasion, technical problems may
prevent availability.
11.
Intellectual Property.
a.
Copyrights.
All copyrights in and to the Hespy Poker Service materials including but not
limited to the Hespy Poker Site, Hespy Poker Content, Subscriptions, Hespy
Poker Software, or any parts of or content within the Hespy Poker Site, Hespy
Poker Content, Subscriptions and Hespy Poker Software, are owned by Hespy
Poker and/or its suppliers and/or licensors.
b.
Trademarks.
Hespy Poker, Hespy.com, HespyPoker.com, Hespy and other Hespy Poker trademarks, service
marks, graphics and logos used in connection with the Hespy Poker Service are
trademarks or registered trademarks of Hespy Poker LLC. in the
U.S.
and/or other countries. Other trademarks, servicemarks, graphics and logos
used in connection with the Hespy Poker Service are the trademarks of their
respective owners. You are granted no right or license with respect to any of
the aforementioned trademarks and any use of such trademarks, including but
not limited to use in connection with any product or service that is not that
of the respective trademark owner in any manner that is likely to cause
confusion among customers or that disparages or discredits the respective
trademark owner, is strictly prohibited.
12.
Termination.
a.
Termination By Hespy Poker.
If you fail, or we suspect that you have failed, to comply with
any of the provisions of this Agreement, including but not limited to complete
Registration Data, failure to safeguard your Hespy Poker Account information
and password, or violation of the
Hespy Poker Site Access License
or any license to Hespy Poker Software, Hespy Poker, at its sole discretion, may:
(A) terminate this Agreement and/or your Hespy Poker Account ; and/or (B)
terminate the Hespy Poker Site Access License and/or licenses to Hespy Poker Software;
and/or (C) preclude access to the Hespy Poker Service (or any part thereof).
We will notify you if we take any of the foregoing actions.
b.
Termination of the Service. We
reserve the right to modify, suspend or discontinue the Hespy Poker
Service (or any part thereof) at any time with or without notice to you,
and we will not be liable to you or to any third party should we exercise
such rights.
13.
General Compliance with Laws; Export Restrictions. The Hespy Poker Service is
controlled and operated by us from our offices within the United States
.
You agree to comply with all local, state, federal, national and
international laws, statutes, ordinances and regulations that apply to your
use of the Hespy Poker Service.
14.
No Responsibility for Third Party Materials or Web sites. Certain content, Hespy Poker Content,
products and services available via the Hespy Poker Service may include
materials from third parties. In addition, we may provide links to certain
third party Web sites. With respect to such material, we are a distributor,
not a publisher. You acknowledge and agree that we have little or no control
over, and are not responsible for examining or evaluating the content or
accuracy of any such third party material or Web sites. Hespy Poker does not
warrant or endorse and does not assume and will not have any liability or
responsibility for any third party materials or Web sites, or for any other
materials, products or services of third parties. Links to other Web sites
are provided solely as a convenience to you.
15.
Limitation on Liability.
IN
NO EVENT SHALL HESPY POKER HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST
PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR
BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE
BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS
TO, DOWNLOADING FROM OR USE OF THE HESPY POKER SERVICE. IN NO EVENT SHALL HESPY
POKER HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR
HESPY POKER ACCOUNTS.
WITH
RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT
LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL HESPY POKER OR ANY OF ITS SUPPLIERS
OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION
WITH OR RELATED TO USE OR INABILITY TO USE HESPY POKER ACCOUNT(S), HESPY
POKER SOFTWARE, OR THE HESPY POKER SERVICE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN
NO EVENT SHALL HESPY POKER BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN
CONNECTION WITH THE HESPY POKER SERVICE (OR ANY PART THEREOF) IN EXCESS OF
THE PRICE PAID BY YOU FOR THE PARTICULAR CONTENT GIVING RISE TO THE DAMAGE.
Some
states do not allow the exclusion of implied warranties or incidental or
consequential damages, so the above exclusion thereof may not apply to you.
This Agreement gives you specific legal rights, and you may also have other
rights that vary from state to state.
16.
Indemnity.
You agree to indemnify and hold harmless Hespy Poker, its affiliates,
subsidiaries, shareholders, officers and directors, agents, employees, and
partners from any third party claim or demand, including reasonable
attorneys' fees for damages and/or costs due to or arising out of your breach
of this Agreement and/or your use of the Hespy Poker Service and/or Hespy
Poker Software.
17.
Governing Law. This Agreement will be exclusively governed by the laws of the State
of Michigan
without regard to its principles on the conflicts of laws.
18.
Arbitration.
Any controversy or claim arising out of or relating to this Agreement or its
breach, with the exception of injunctive relief sought by Hespy Poker for any
violation of Hespy Poker’s intellectual property or other proprietary rights
or of the licenses granted pursuant to this Agreement, will be settled by
arbitration in accordance with the then-current Commercial Arbitration Rules
of the American Arbitration Association, if you are domiciled outside the
United States, then the dispute will be resolved by arbitration under the
then-current International Arbitration Rules of the American Arbitration
Association. The location of the arbitration shall be Detroit, Michigan, USA.
19.
Changes. We
reserve the right, at any time and from time to time, to update, revise,
supplement and to otherwise modify this Agreement and to impose new or
additional rules, policies, terms or conditions on your use of the Hespy
Poker Service. Such updates, revisions, supplements, modifications and
additional rules, policies, terms and conditions (collectively referred to in
this Agreement as "Additional Terms") will be
effective immediately and incorporated into this Agreement upon notice thereof,
which may be given by any reasonable means including by posting to the Hespy
Poker Site. Your continued use of the Hespy Poker Site following such notice
will be deemed to conclusively indicate your acceptance of any and all such
Additional Terms. All Additional Terms are hereby incorporated into this
Agreement by this reference.
20.
Miscellaneous. This Agreement constitutes the entire agreement between you and Hespy
Poker, and supersedes any prior agreements between you and Hespy Poker,
written or oral, with respect to the subject matter herein. Any additional or
different terms in any order or written communications from you are void. In
the event of a direct conflict between the terms of this Agreement and: (A)
other terms and conditions that may be applicable to the Hespy Poker Service
generally, the terms of this Agreement will control with respect to the
subject matter of this Agreement; and (B) the Privacy Policy, Additional
Terms, Software Licenses, the terms and conditions of such statement,
document, license or policy will control with respect to the subject matter
thereof. In the event of a direct conflict between the terms of this
Agreement, including but not limited to the statements, documents and
policies incorporated by reference into this Agreement, and the terms and
conditions of a particular marketing promotion or offer, the terms of such
particular marketing promotion or offer shall control with respect to the
such marketing promotion or offer. The failure of Hespy Poker to exercise or
enforce any right or provision of this Agreement will not constitute a waiver
of such right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the other provisions will
remain in full force and effect. Hespy Poker will not be responsible for
failures to fulfill any obligations due to causes beyond its control.
Headings are for convenience only and will not be used to alter the meaning
of any provision. You shall not bring a legal action under this Agreement
more than two (2) years after the cause of action arose. All notices and
demands required to be given to Hespy Poker hereunder shall be in writing and
shall be served by personal service, nationally recognized overnight courier
service or by certified mail, and shall be effective on the date received as
evidenced by proof of receipt, if delivered to Hespy Poker LLC, 29488
Woodward, #227, Royal Oak,
MI 48073.
|