Acceptance of Terms
Welcome to PokerTube! The following represents the terms of which PokerTube offers you access to our services. By using this website you signify your assent to these Terms of Service (hereby referred to as “TOS”). PokerTube reserves the right to change the TOS at any time. If you do not agree to any of these terms, please refrain from using the PokerTube website.
The PokerTube website
The TOS apply to all users of the PokerTube website, including, but not limited to, users who contribute directly to the website with materials or services. The PokerTube website may contain links to third party websites that are not owned or controlled by PokerTube. These third party websites are not in any way controlled, censored or edited by PokerTube, and hence PokerTube assumes no responsibility for the content of any third party sites. By using the PokerTube website you agree to relieve PokerTube of any liability springing from use of third party websites.
Accessing the PokerTube website
PokerTube gives you access to the website according to the TOS, assuming you agree to the TOS. Accessing most features of the website requires an account. You may never use another person’s account, and may never allow anyone else to use your account. While creating your account you will be asked for personal information. You must provide complete and accurate information, omitting nothing that is required. You alone are responsible for actions taken while logged in with your account. For safety reasons you are required to keep your password secure and secret. If you suspect that your account is being used by someone else, you are required to immediately notify PokerTube. Failing to notify may cause you to be liable for losses inflicted on PokerTube, and/or other interests, that may originate from unauthorized use of the account. PokerTube cannot and will not be liable for any loss or damage arising from your failure to comply with these rules. Furthermore you agree not to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, such as the use of automated systems, including but not limited to “robots”, “spiders” and “offline readers”. However, operators of public search engines may use spiders to access the site in order to make the content of the site searchable through their service. This permission does not apply to account names and other personal information about users. You also agree to use the site for solely private use.
Intellectual Property Rights
The content of the PokerTube website, excepting submitted material as defined below, are owned by or licensed to PokerTube and protected by Scottish and foreign laws. The content is provided as is for personal use only, and may not be used for any other purposes without the written consent of the respective owners. PokerTube reserves all rights not explicitly granted on the site. You may download material for personal use only. You may not download material without related copyright notices being retained in the copy. You agree not to use the site in any other way than specified in this agreement, and you may not in any way bypass security related or other functions of the site. PokerTube may accept material submitted (“submitted material”) by users of the site. PokerTube does not claim ownership of submitted material. However, by submitting material, you agree to give PokerTube worldwide, royalty-free and non-exclusive license(s) to use the material as PokerTube sees fit regarding any and all uses of the submitted material, including promotional use. By submitting material you assure that you hold copyright of the material and/or license to use the material as governed by this agreement. You also assure that you have the permission of any persons identifiable in the material relating to the use of the material. By submitting material you also agree to license other PokerTube users, according to the TOS. This license is not terminated by the removal of the submitted material. You alone shall be responsible for submitted material. PokerTube may or may not pre-screen the submitted material. PokerTube may also, without limitations regarding responsibility, refuse, remove, move and otherwise handle the material if it is deemed to be in violation of the TOS or otherwise objectionable. By submitting material you agree to:
1. refrain from publishing material that is copyrighted or otherwise protected by intellectual property rights, unless you are legally allowed to do so;
2. refrain from publishing material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. refrain from publishing false, misrepresenting or otherwise harmful material that could damage PokerTube or any third party;
4. refrain from posting advertisements or business solicitations, unless expressly allowed to do so by PokerTube;
5. refrain from impersonating any person or company, either explicitly or implicitly.
PokerTube does not accept any liability for submitted material, nor does it endorse opinions expressed in the material. PokerTube will remove copyrighted material that is infringing on someone’s rights if properly advised that such material is present on the site. Such advising should include the reason, and reasonable proof that it is the rightful owner of the right advising the site, including contact information. PokerTube reserves the right to disallow access to the site for persons who repeatedly submits copyrighted material without proper rights to do so. PokerTube may remove accounts and/or material at any time, without prior notice, for any reason.
By using the PokerTube website you agree to and understand that:
1. YOUR USE OF THE WEBSITE IS AT YOUR OWN SOLE RISK. THE WEBSITE IS PROVIDED AS IS, WITHOUT CLAIMS REGARDING AVAILABILITY. POKERTUBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, BE THEY EXPRESSED OR IMPLIED.
2. POKERTUBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. POKERTUBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR DAMAGES OCCURRING DUE TO BUGS, VIRUSES, TROJANS ETC. THAT MAY BE TRANSFERRED FROM THE SITE OR THIRD PARTIES.
5. POKERTUBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OCCURRING TO ANYONE OR ANYTHING BY THE USE OF THE SITE AND OTHER SERVICES.
6. POKERTUBE DOES NOT ACCEPT RESPONSIBILITY FOR PRODUCTS OR SERVICES SOLICITED BY THIRD PARTIES ON THE SITE, ON LINKED SITES, OR OTHERWISE PRESENTED IN ASSOCIATION WITH POKERTUBE.
YOU SPECIFICALLY ACKNOWLEDGE THAT POKERTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold PokerTube and its subsidiaries, officers employees, affiliates, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website, your violation of the TOS, or your violation of any rights of another. This indemnification will survive these TOS, and your use of the PokerTube website.
Ability to Accept TOS
You affirm that you are legally allowed, and fully able and competent to enter into the obligations presented in these TOS, regarding but not limited to age, and/or legal competence.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PokerTube without restrictions.
You agree that PokerTube is based solely in Scotland, and that Scottish law is applicable to any and all disputes that may arise from your use of the website, and that any legal issues will be addressed and settled in Scotland. PokerTube assumes the right to change these TOS at any time, without prior notification, and it is the user’s obligation to assure that they are properly informed about changes in the TOS. Using the PokerTube website will be considered as agreement to these TOS.
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