PokerNations Terms and Conditions
PokerNations LLC (PokerNations, PokerNations.com, Site, We, Service) is a global social networking service for use by poker and gambling enthusiasts, and the poker and gambling industry. Members create an online personal profile where they can share blogs, photos and comments with other members, who may also be added to their friends list. Members are also able to interact with gambling industry companies to find relevant information for their interests in tournaments, casino and hotel visits, travel, gambling supplies, professional poker players seen on television (i.e. poker celebrities) and much more.
By using PokerNations.com, you (You, User, Member) automatically agree to be bound by these Terms and Conditions, whether or not you register to become a member of PokerNations.com. If you wish to become a member and to make use of this service, then please read this Agreement (Terms or Agreement).
Description of Service:
PokerNations provides access to various communication tools, forums, articles, reviews, guides, hyperlinks, personalized content, branded applications, marketing materials, poker news, poker training videos, and more (collectively, the Service).
Unless explicitly stated otherwise, any new features or changes to the Service, shall be subject to the Terms.
You understand and agree that PokerNations assumes no responsibility for the deletion, delivery or failure to store any User communication or personalized settings. In addition, PokerNations holds the rights to modify, discontinue, or suspend any aspect of the Service at any time.
PokerNations also may choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service.
You agree that you may not resell, lease, license, assign, or redistribute the Service, in whole or in part to any third party. Please note that the Service is strictly for entertainment and informational purposes only. The Service is not to be used for or in conjunction with any illegal activities.
You agree that PokerNations will not be liable or responsible for any User activity that may violate any law of the User's jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.
PokerNations may modify this Agreement from time to time and such modification shall be effective immediately. You agree to be bound to any changes to this Agreement when you use the PokerNations Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 18 years of age.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
PokerNations may terminate your membership, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
If there are any disagreements between you and another User on the Web Site about anything, you agree not to hold the Web Site or any of its operators or advertisers liable for any damages, problems or other consequences resulting from your disagreement. The Web Site is under no obligation to resolve User disputes.
Proprietary Rights in Content on PokerNations
PokerNations.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, Content) that you post to the PokerNations Services. After posting your Content to the PokerNations Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
By displaying or publishing (posting) any Content on or through the PokerNations Services, you hereby grant to PokerNations.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the PokerNations Services.
The license you grant to PokerNations.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to PokerNations.com), fully-paid and royalty-free (meaning that PokerNations.com is not required to pay you for the use on the PokerNations Services of the Content that you post), sublicensable (so that PokerNations.com is able to use its advertisers and subcontractors such as Internet content delivery networks to provide the PokerNations Services), and worldwide (because the Internet and the PokerNations Services are global in reach).
This license will terminate at the time you remove your Content from the PokerNations Services. The license does not grant PokerNations.com the right to sell your Content, nor does the license grant PokerNations.com the right to distribute your Content outside of the PokerNations Services.
You represent and warrant that: (i) you own the Content posted by you on or through the PokerNations Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PokerNations Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PokerNations Services.
The PokerNations Services contain Content of PokerNations.com (PokerNations.com Content). PokerNations.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PokerNations.com owns and retains all rights in the PokerNations.com Content and the PokerNations Services.
PokerNations.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PokerNations.com Content (excluding any software code) solely for your personal use in connection with viewing the PokerNations Website and using the PokerNations Services.
The PokerNations Services contain Content of Users and other PokerNations.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PokerNations Services.
PokerNations may delete any Content that in the sole judgment of PokerNations violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PokerNations assumes no responsibility for monitoring the PokerNations Services for inappropriate Content or conduct.
If at any time PokerNations chooses, in its sole discretion, to monitor the PokerNations Services, PokerNations nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the PokerNations Services, and any material or information that you transmit to other Members and for your interactions with other Users.
PokerNations does not endorse and has no control over the Content. Content is not necessarily reviewed by PokerNations prior to posting and does not necessarily reflect the opinions or policies of PokerNations. PokerNations makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
You understand that the Service and the Site are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; • use automated scripts to collect information from or otherwise interact with the Service or the Site; • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity that you are not permitted to represent; • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Number and credit card numbers; • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law; • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.
Giveaways & Sweepstakes
PokerNations.com may provide special giveaways and sweepstakes, special live or online events, or other contests on or off the Service. Any such events and contests may be subject to additional terms and conditions and/or rules (which will be made available with the contest or event). By entering into such contests or events, you agree to be bound by the applicable additional terms, conditions and rules.
PokerNations.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the US and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites (Third Party Sites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third Party Applications, Software or Content).
Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
This Web Site does not offer gambling or poker wagering. This Web Site serves as a portal for Users to interact and share their enthusiasm for gambling, poker and other topics, and to connect with resources and companies that serve their interests.
PokerNations.com is not responsible for any incorrect or inaccurate Content posted on the PokerNations Website or in connection with the PokerNations Services, whether caused by Users of the PokerNations Services or by any of the equipment or programming associated with or utilized in the PokerNations Services.
Profiles created and posted by Members on the PokerNations Website may contain links to other websites. PokerNations.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PokerNations.com. Inclusion of any linked website on the PokerNations Services does not imply approval or endorsement of the linked website by PokerNations.com.
When you access these third-party sites, you do so at your own risk. PokerNations.com takes no responsibility for third party advertisements which are posted on this PokerNations Website or through the PokerNations Services, nor does it take any responsibility for the goods or services provided by its advertisers.
PokerNations.com is not responsible for the conduct, whether online or offline, of any User of the PokerNations Services. PokerNations.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PokerNations.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PokerNations Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PokerNations Services.
Under no circumstances shall PokerNations.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PokerNations Services, attendance at a PokerNations.com event, from any Content posted on or through the PokerNations Services, or from the conduct of any Users of the PokerNations Services, whether online or offline. The PokerNations Services are provided AS-IS and as available and PokerNations.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PokerNations.com cannot guarantee and does not promise any specific results from use of the PokerNations Services.
Limitation on Liability
IN NO EVENT SHALL POKERNATIONS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF POKERNATIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POKERNATION.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POKERNATIONS.COM FOR THE POKERNATIONS SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Governing Law & Disputes
By visiting or using the Site and/or the Service, you agree that the laws of the State of Nevada within the United States of America without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any of our affiliates.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Nevada, USA and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Nevada, USA.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (Submissions), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Forum Usage Policy
The forums at PokerNations are provided for use in discussions of gambling, poker and a variety of other topics.
To ensure that members are not discouraged from asking strategy questions or posting hands they’ve played, certain sections of the forum will not permit personal attacks. These include, but may not be limited too, the poker strategy and bad beat sections of the forum. Additional rules may apply, and will be posted prominantly within the PokerNations forums for all members to be aware of.
By using the forum, you are affirming your willingness to comply with these terms and any posted in the forum.
Furthermore, you acknowledge and agree that if you submit any Content to forums, you will be solely responsible for such Content. PokerNations will not be liable in any way for any such content submitted. PokerNations does not allow you to:
• Submit any Content, which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way. • Submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights; • Engage in activity that interferes with or disrupts the use of the PokerNations by other users; • Submit any Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities; • Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; • Make use of the PokerNations forum for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted, unless granted permission by PokerNations or via purchasing the appropriate advertising packages
Forum Rules of Conduct
1. Constructive Criticism
PokerNations is a global community made up of people from a diverse set of age, ethnic, social and game theory backgrounds. As such, we ask that in our forums when people post hands they’ve played or inquire about strategy advice, you avoid attacks (i.e. calling them donkeys, retards, idiots, etc). This does nothing but make members less likely to participate. If you wish to point out in mature and logical manner why the poster played incorrectly, and offer suggestions on how they could improve, that is acceptable
2. No Attacks Based on Ethnic, Religious or Sexual Basis
As a global gathering place for poker and gambling enthusiasts, a variety of ideas and opinions will be exchanged. Members are not permitted to make insults, attacks, flames or derogatory comments based on the sex, sexual orientation, ethnicity/race or religious background of other members. Political discussions can become heated, but we ask that you try to not be completely closed to an opposing sides argument, generally most disagreements are not black and white, there are many gray areas.
3. Criticisms Towards PokerNations, Poker Pros, Companies & Advertisers
If you have had a bad experience or have a negative viewpoint towards PokerNations, a professional poker player that is known on television or the internet, a gambling/poker company or any of our advertisers, you are always free to share such criticisms in our forum. We just ask that you please do so in a constuctive manner. If there is something you disagree with, or you’ve had a bad experience, please be mature and rational when presenting your case. In regards to poker professionals, many of them thrive on the image of being a heel and are not strangers to negativity. Being in the public eye, they expect some level of scrutiny and criticism. That being said, please keep all negative comments in the forum. Do not post negative things on their profiles, blogs or photos.
4. Useless/Spam Posts
Members are not permitted to make lots of short useless posts in an attempt to earn additional poker chips for their activity level. We wish to encourage quality discussions on our boards. Obviously not every post you make will be lengthy or helpful, sometimes all you can say is lol, but if ALL of your posts follow in this vein, you aren’t contributing to the dicussions. Likewise, members are not permitted to advertise products, deals, affiliate codes, etc. on their profiles or in the forum. Advertising is restricted to paid positions provided with express permission by PokerNations.
5. Users Personal Information
Do not share personally identifiable information regarding other members, including but not limited too a members physical address, phone number, personal email, social security number, online poker account name or passwords. Discussions regarding high-profile online players is acceptable, including mentioning their online screenames.
6. Private Messages
Private Messages are labeled private for a reason. We ask that you refrain from sharing details contained within any private messages unless provided with express consent from the sender.
7. Banneable Offenses
The posting of pornography; discriminatory remarks which are sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive; excessive obscene or vulgar language; posts which discuss or illustrate illegal activity; providing links to sites that contain any of the aforementioned.
8. Spamming and bumping threads prohibited
Spam is considered to be repetitive posting of the same topic or text or nonsensical posts that have no substance and are often designed to annoy other forum users. Bumping posts in order to keep them near the top of the list is also prohibited.
9. Site exploits, hacks or bugs
Please report any issues to firstname.lastname@example.org Do not post about these on or off of the PokerNations website
10. Posting obvious bad beat threads in strategy section
If you got all your money in before the flop with pocket Aces and someone called you with 72 offsuit and rivered a flush, straight or made two pair or three of a kind to beat you, this is not a post you need to ask strategic advice about. Please avoid posting obvious bad beats in the strategy section, as it dilutes the quality of content and discourages others from participating.
11. Impersonating another forum user, moderator, volunteer, administrator or PokerNations employee is strictly prohibited
You are expressly forbidden from impersonating anyone else, including those named above, on the forum or in anywhere else on PokerNations.
12. Excessive Profanity
While we are all adults here, and some adult language will be tolerated, please be mindful of the words you choose and their frequency and quantity. While we aren’t running a Nunery, we also aren’t running a Pub. Members found to be typing in a manner to circumvent any automated word filters, or found to be continually posting profanity-laced tirades may face warning or punishment. PokerNations at its sole discretion shall determine what constitutes excessive profanity.
These Terms and Conditions constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Please contact us at: email@example.com with any questions regarding this Agreement.