Poker-Edge.com End User License Agreement
Copyright © 2012 Poker Edge – All Rights Reserved
This End-User License Agreement («EULA» or «Agreement») sets out the terms that apply to the use of Poker-Edge software (the «Software»).
This End User License Agreement (the «Agreement») is an agreement between you («You») and Poker Edge. «We» and «Us» means both You and the Company. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
1. This Software is licensed on a non-exclusive and non-transferable basis and may only be used by You for non-commercial personal purposes.
2. You hereby agree to the following: (1) this Software is sold «as is» without representations, warranties or covenants of any kind; (2) You have the sole responsibility to evaluate the risks and benefits of using this Software; (3) the Company makes no representations, warranties or covenants whatsoever as to the accuracy, timeliness, reliability or correctness of any numbers or other data or information generated or to be generated by this Software, including reports, calculators and other tools; (4) the Company makes no implied warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, usage, or trade practice; (5) You covenant that You will only use this Software, or allow this Software to be used, in a way that fully complies with all applicable laws; (6) You covenant that You will only use this Software, or allow this Software to be used, in a way that fully complies with all policies, guidelines or terms and conditions of the web site on which it is being used; (7) You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, licensors, representatives, assigns, contractors, suppliers, and third party information providers from and against all claims, losses, expenses, damages and costs arising out of or referable to any breach by You or any person or entity under your control of this Agreement; and (8) You acknowledge that the Company and its partners receive, collect, mine, store and use technical information and data, including, but not limited to, poker hand data (the «Data») in the course of Your registration and during Your use of the Software. You hereby agree to the Company’s use of the Data.
3. In no event shall the Company, its affiliated companies, contractors or suppliers be liable for any damage whatsoever (including, without limitation, all liabilities, obligations, losses, reduction of profits, lost revenue, business interruption, loss of information, damages, penalties, taxes, claims, suits, costs, expenses or disbursements (including, without limitation, reasonable attorneys’ fees and expenses) or for special, indirect, consequential, incidental, or punitive damages, however caused and regardless of the theory of liability arising out of the use or the inability to use the Software, even if the Company has been advised of the possibility of such damages. In no event shall the Company’s liability to You, whether in contract, tort (including negligence), or otherwise, exceed the purchase price paid by You, if any, for this Software. The indemnities contained in this paragraph shall survive the termination or the Agreement.
4. Modification, reverse engineering, reverse compiling, or disassembly of this Software is expressly prohibited. This Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
5. The Company compiles information and data for the Software from both internal and external sources. The Company makes no representation or warranties as to the completeness or accuracy of such information. The Company shall not be obliged to correct nor shall we be liable for any errors, omissions or defects that may from time to time be present or manifest themselves in the Software or any other content, materials, information, advertisements, services and software accessible or made available on www.Poker-Edge.com.
THE SOFTWARE AND INFORMATION ON POKER-EDGE.COM IS PROVIDED ‘AS IS’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Company endeavours to ensure that the Software is normally available 24 hours a day. Access to the Software may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and the Company shall not be liable, nor will it offer refunds if this is the case.
6. You may not rent, lease, sell, or create copies, or create derivative works of this Software. You may not transfer your rights to this Software to another individual or entity.
7. All title and copyrights in and to this Software, any accompanying written materials, and any copies of this Software are owned by the Company. The Software is protected by copyright laws.
8. You acknowledge that You have had an opportunity to review the Company’s Subscription Policy.
9. This License and all related actions shall be governed and construed in accordance with the local laws in force where the Company’s headquarters are located, without regard to its conflict of law provisions.
10. By acquiring this Software, You acquire only the right to use this Software and do not acquire any rights, express or implied, in the Software other than those specified in this License. The Company shall at all times retain all rights, title, and interest, including intellectual property rights in the Software.
11. You hereby agree that this Software will only be used in accordance to the laws of the jurisdiction where it is being used.
12. This Agreement constitutes the complete and entire understanding and agreement between You and the Company and supersedes all prior communications, representations, agreements, negotiations or understandings with respect thereto, whether oral or in writing. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement. This Agreement may be amended by the Company at any time and without notice, but only by amending this Agreement as posted on www.poker-edge.com, unless otherwise agreed to in writing by both of Us. Any amendments will become effective 30 days after being posted on www.poker-edge.com, unless circumstances require that a change be immediately implemented. As a condition for this Agreement You agree to periodically check this Agreement posted at this page. You agree that your continued use of the Software will constitute your consent and acceptance of the amendments made to this Agreement.
13. You hereby agree that the Company is permitted to limit, deny, update or cancel some or all of the functionality of the Software at any time, without prior notice. You agree to bear the risks of and hold the Company harmless for any and all effects that a change in functionality may have on your ability to use the Software. The Company may require, as a condition to your continued access to the Software, your acceptance of Software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software.
14. Subscription Fees and Refund Policy.
After any free trial periods offered by the Company to use the Software, You are required to pay a subscription fee use the Software (the «Subscription Fees»).
All Subscription Fees are in U.S. dollars unless otherwise stated and are non-refundable unless expressly stated otherwise in this Agreement. When you establish your account, you authorize the Company to automatically charge your credit card the Subscription Fees in accordance with the payment terms (as may be amended by the Company from time to time), plus any applicable taxes that the Company is required to collect. If the Company is unable to process your credit card at any time, your account may be immediately suspended or terminated at the Company’s discretion.
Subscription Fees are exclusive of all taxes, levies and/or duties imposed by taxing authorities. You are responsible for paying all applicable taxes and for all hardware, software, Internet services and other costs you incur to access and use the Software.
All Subscription Fees including, but not limited to, pre-paid monthly subscription fees, are subject to change with 30 days’ notice from the Company. Such notice may be provided by the Company at any time either through an email to You, a post on Poker-Edge.com or through the Software itself. If a change to the Subscription Fee is unacceptable to You, You may, as your sole and exclusive remedy, terminate the Agreement and close your account as described in this Agreement.
Pre-Paid Monthly Subscription Fees: Pre-paid monthly subscription billing occurs in advance on a 30 day cycle and is non-refundable.
Renewals: Renewal dates correspond to the day of the month the subscription began, such as: a 1 month subscription with billing start date on July 7th will have an automatic renewal billed one calendar month later on August 7th; 3 month subscription renewals are billed 3 calendar months after the 3 month subscription begins on the same day of the month; and 1 year subscription renewals are billed one year after a 1 year subscription begins. You can cancel your account under the «My Account» option on the Company’s website before the renewal date to prevent automatic billing.
Refunds for Cancellation: Refunds and/or credits are not provided for partial months of service, upgrades/downgrades, or for unused months in the term length.
Downgrading: The Company does not offer any refunds, nor will the Company be held liable for any loss of content or features in the Software as a result from a downgrade of your service. Any downgrade requests must be submitted to firstname.lastname@example.org at least 48 hours prior to the renewal date and are at the Company’s discretion and are provided on a case by case basis.
15. The Company will not provide any refunds to You due to changes in the poker market, online gambling industry conditions, or changes to local, national or international legislation which may have an effect on the Software or your use of the Software.
16. If any provision of this Agreement is or becomes unlawful, void or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
17. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. If the Company terminates this Agreement pursuant to this section, you will not receive a refund of prepaid Subscription Fees.
18. You may terminate this Agreement with regard to any or all of your accounts at any time, upon notice to the Company via electronic mail to email@example.com. You will not receive a refund of prepaid Subscription Fees in the event of such termination.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.