Welcome to ChanPoker.net’s website (“Website”) and thank you for reviewing our Terms
of Use. We hope that you will enjoy this Website. Chan Poker, LLC (“Provider”) makes
this Website, including all information, documents, communications, files, text,
graphics, software, and audio/visual files (collectively, the “Materials”) available
for your use subject to the Terms of Use set forth below. The Terms of Use spell
out what you can expect from us and what we expect from you.
- Acceptance of Terms of Use and Non-Transferability.
By using this Website, you accept and agree to all terms, conditions and notices
contained or referenced on the Website (“Terms of Use”). Please read the following
Terms of Use carefully. If you do not agree to the Terms of Use, do not use this
Website. By accessing, using, or downloading in any way, without limitation, any
Materials from this Website or merely browsing this Website, you agree to and are
bound by these Terms of Use.
Provider reserves the right to change the Terms of Use at any time, without prior
notice to any Website visitor (“User”). If Provider makes what it considers to be
material changes to the Terms of Use, it will post a notice on its home page, which
will run for seven (7) consecutive calendar days following the new effective date.
If you breach any of the Terms of Use, your authorization to use this Website automatically
terminates. A User’s right to use this Website is not transferable.
- Intellectual Property Rights.
- Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned
or licensed by Provider and protected by United States and international copyright
laws. Copyright © 2006 Chan Poker, LLC. All Rights Reserved. Provider does not claim
ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms
of Use. Unless otherwise specified, the Materials on this Website are for your personal
and non-commercial use. You may not sell or modify Materials or reproduce, display
publicly or otherwise use the Materials in any way for any public or commercial
purpose. Permission to reprint or electronically reproduce any document or graphic,
in whole or in part, for any other purpose is expressly prohibited without prior
written consent from Provider. Users may not provide copyrighted or other proprietary
information to Provider without permission from the owner of such material or rights.
Users are solely responsible for obtaining such permission and for any damages resulting
from unauthorized disclosures or infringement.
- Notice and Procedure for Making Claims under the Digital Millennium Copyright
Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners
who believe that their rights under the United States Copyright Act have been infringed
by acts of third parties over the Internet. If you believe that your copyrighted
work has been copied without your authorization and is available on this Website
in a way that may constitute copyright infringement, you may provide notice of your
claim to Provider’s Designated Agent listed below. For your notice to be effective,
it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on
this Website;
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted;
- A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
Chan Poker, LLC
Attn: General Counsel
1425 Market Street, Suite 225
Denver, Colorado 80202
legal@chanpoker.net
Fax: (303) 493-5771
The Designated Agent should be contacted only if you believe that your work has
been used or copied in a way that constitutes copyright infringement and such infringement
is occurring on this Website. All other inquires to the Designated Agent will not
be answered.
- Trademarks.
Provider owns trademarks for its many goods and services, including without limitation,
CHAN POKER and the associated graphics, logos and service marks are trademarks of
Provider and may not be used without prior written consent of Provider. All other
trademarks, product names, and company names and logos appearing on the Website
are the property of their respective owners.
- Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed,
submitted, or offered to Provider in connection with your use of this website shall
be the exclusive property of Provider. User agrees that unless otherwise prohibited
by law Provider may use, sell, exploit and disclose the Ideas in any manner, without
restriction and without compensation to User.
- Linking.
If you have a website and wish to establish temporary or permanent links from your
website to this Website, you must link to our homepage only. If you would like to
link to our homepage you will need to receive written permission from us. Please
submit your request (including your corporation’s name, your name and title, and
business industry) to legal@chanpoker.net for our review and approval.
- Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to our Website. Please see Provider’s
Privacy Policy [insert link to Privacy Policy] relating to the collection and use
of your information. User acknowledges and agrees that this Privacy Policy, including,
but not limited to, the manner in which Provider collects, uses and discloses User’s
personally identifiable information, is incorporated and made part of these Terms
of Use. If User does not agree to each and every part of Provider’s Privacy Policy,
then User should not use the Website or submit any personally identifiable information
through this Website. Questions regarding privacy issues should be directed to Provider
via e-mail at legal@chanpoker.net.
- Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website, services, and Materials is at User’s
sole risk. Neither Provider nor any of its officers, directors, or employees, agents,
merchants, sponsors, licensors, component suppliers (both hardware and software),
and/or any third party who provides products or services purchased from or distributed
by Provider (collectively “Providers”), or the like, warrant that websites affiliated
with Providers, including but not limited to this Website, will be uninterrupted,
error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware,
adware, malware, harmful or malicious code, or other defects. The information, products
and services published on this Website may contain inaccuracies or typographical
errors. Provider makes no warranty as to the results that may be obtained from the
use of the Website or as to the accuracy, reliability, or currency of any information
content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY
OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION
OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE
WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED
SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER
ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS
CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE
THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S
GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Website, your sole and exclusive
remedy is to discontinue your use of this Website.
- Third Party Links.
This Website contains several links to other websites and may forward users to other
websites within the same Internet browser window. These websites are not under the
control of Provider, and the existence of a link on the Website does not imply any
endorsement of the linked websites by Provider or any affiliation between Provider
and the owners of the linked websites. Provider makes no warranties or representations,
and disclaims all liability, relating to the accuracy, content, terms of use, privacy
policies, products, services, legality, reliability, viewpoint, accuracy, currency,
decency, or any other aspect of the linked Websites. You agree that Provider has
no responsibility to you with respect to such material. Provider encourages you
to examine the privacy policies and/or terms of use policies of any third party
website.
- Online Conduct.
The User agrees to use the Website and any e-mail services provided through this
Website only for lawful purposes. Unacceptable uses of the Website include without
limitation: (i) engaging in any illegal activity or the planning of any illegal
activity; (ii) disseminating or transmitting statements or material that, to a reasonable
person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening or malicious; (iii) creating, disseminating or transmitting
files, graphics, software or other material that actually or potentially infringes
the copyright, trademark, patent, trade secret, publicity or other intellectual
property rights of any person; (iv) creating a false identity or otherwise attempting
to mislead any person as to the identity or origin of any communication; (v) exporting,
re-exporting or permitting the downloading of any message, software or content in
violation of any export or import law, regulation or restriction of the United States
and its agencies or authorities, or without all required approvals, licenses or
exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access
to other accounts on the Website or any other computer network; (vii) disseminating
or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs,
spyware, adware, cancelbots or any other malicious or invasive code or program;
or (viii) engaging in any other activity deemed by Provider to be in conflict with
the spirit or intent of this Website.
- Termination.
These Terms of Use are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of the Website. Your access to the
Website may be terminated immediately without notice from Provider if in our sole
discretion you fail to comply with any term or provision of these Terms of Use.
- International Users.
The Website can be accessed from locations around the world. Provider makes no representations
that this Website or the Materials available through it are appropriate for use
at your location. Access to this Website from locations where this Website or any
of its Materials are illegal is prohibited. If you access this Website, you are
responsible for compliance with all local and/or international laws.
- Security.
If you use this Website, you are responsible for restricting access to your computer
and ensuring that your computer is free from all types of malicious code, spyware,
viruses, Trojans, etc. that may track any data you enter via this Website, including
e-mail address, credit card number, and other payment related information. In addition,
you are responsible for maintaining the confidentiality of your Provider account
(“Account”) and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your Account or password.
You agree to (a) immediately notify Provider of any unauthorized use of your password
or Account or and other breach of security, and (b) ensure that you exit from your
Account at the end of each session. Provider cannot and will not be held liable
for any loss or damage arising from your failure to comply with this section.
Provider reserves the right to monitor all network traffic to this Website to identify
and/or block unauthorized attempts or intrusions to upload or change information
or cause damage to this Website in any fashion. Anyone using this Website expressly
consents to such monitoring.
- Payment Verification.
Provider reserves the right to refuse service or decline orders for any reason.
Accordingly, Provider may request written verification and proof of a user’s identity
by supplying us with a copy of government issued photo identification at its sole
discretion.
- Risk of Loss.
All items purchased from the Website are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon Provider’s
delivery to the carrier.
- Arbitration.
Any dispute relating in any way to your visit to Website shall be submitted to confidential
arbitration in Las Vegas, Nevada, except that, to the extent you have in any manner
violated or threatened to violate Provider intellectual property rights, Provider
may seek injunctive, equitable, or other appropriate relief in any state or federal
court and the User consents to exclusive jurisdiction and venue in the states and
federal courts in the State of Nevada. You and Provider agree that any Dispute between
you and Provider shall be resolved exclusively and finally by arbitration administered
by the National Arbitration Forum (“NAF”), using interpretations under Nevada law,
and conducted under its rules, except as otherwise provided below. You and Provider
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 Provider. The arbitrator’s award, including attorneys’ fees,
shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms
of Use, Privacy Policy, or Software Terms shall be joined to an arbitration involving
any other party subject to these Terms of Use, Privacy Policy, or Software Terms,
whether through class arbitration proceedings or otherwise. 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. § 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 Privacy Policy, 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 Provider; or iii) any other dispute arising out
of or relating to the relationship between you and the Providers. Information may
be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371,
or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.
- Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States,
you agree that the laws of the State of Nevada will govern these disclaimers, Terms
of Use, Privacy Policy, or Software Terms, without giving effect to any principles
of conflicts of laws. Provider reserves the right to make changes to its Website
and these disclaimers, Terms of Use, Privacy Policy, and Software Terms at any time.
User hereby irrevocably and unconditionally consents to jurisdiction in the State
of Nevada.
- Waiver/Severability.
The failure of Provider to require or enforce strict performance by User of any
provision of these Terms of Use or to exercise any right under them shall not be
construed as a waiver or relinquishment of Provider’s right to assert or rely upon
any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If for any reason
any provision of these Terms of Use shall be held invalid or unenforceable in whole
or in part by any court of competent jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in any
other manner or jurisdiction and without affecting the remaining provisions of the
Terms of Use, which shall continue to be in full force and effect.
- Statue of 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 use of the Website, Terms of Use, Privacy
Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or
cause of action arose or be forever barred.
- Entire Agreement.
These Terms of Use constitute the entire agreement between the User and Provider
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Use, Privacy Policy,
or Software Terms will be effective only if in writing and signed by Provider.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL
OR CONTRACTUAL EFFECT.
Date Last Modified: October 16, 2006.
These Terms of Use may be changed at any time, without prior notice.
This website is owned and operated by Safepay Ltd. All transactions will be billed
by Safepay Ltd., 3848 Armory Building, Basseterre, St.Kitts, DBA IFUND-POKERNETWORK.