TERMS & CONDITIONS

[WWW.POKERELEPHANT.COM]

Last updated May 23, 2019


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY


AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Poker Elephant, LLC (“we,” “us” or

“our”), concerning your access to and use of the Poker Elephant website/Mobile App as well as

any other media form, media channel, mobile website/Mobile App or mobile application related,

linked, or otherwise connected thereto (collectively, the “Site/Mobile App”). You agree that by

accessing the Site/Mobile App, you have read, understood, and agree to be bound by all of

these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS

and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE

SITE/MOBILE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Site/Mobile App

from time to time are hereby expressly incorporated herein by reference. We reserve the right,

in our sole discretion, to make changes or modifications to these Terms and Conditions at any

time and for any reason. We will alert you about any changes by updating the “Last updated”

date of these Terms and Conditions and you waive any right to receive specific notice of each

such change. It is your responsibility to periodically review these Terms and Conditions to stay

informed of updates. You will be subject to, and will be deemed to have been made aware of

and to have accepted, the changes in any revised Terms and Conditions by your continued use

of the Site/Mobile App after the date such revised Terms are posted.


The information provided on the Site/Mobile App is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be contrary to

law or regulation or which would subject us to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access the Site/Mobile App

from other locations do so on their own initiative and are solely responsible for compliance with

local laws, if and to the extent local laws are applicable. 


The Site/Mobile App is intended for users who are at least 18 years old. The Site/Mobile App is

intended for users who are at least 13 years of age. All users who are minors in the jurisdiction

in which they reside (generally under the age of 18) must have the permission of, and be

directly supervised by, their parent or guardian to use the Site/Mobile App. If you are a minor,

you must have your parent or guardian read and agree to these Terms of Use prior to you using

the Site/Mobile App.


INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site/Mobile App are our proprietary property and all source

code, databases, functionality, software, website/Mobile App designs, audio, video, text,

photographs, and graphics on the Site/Mobile App (collectively, the “Content”) and the

trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled

by us or licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States, foreign jurisdictions,

and international conventions. The Content and the Marks are provided on the Site/Mobile App

“AS IS” for your information and personal use only. Except as expressly provided in these

Terms of Use, no part of the Site/Mobile App and no Content or Marks may be copied,

reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial

purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use the Site/Mobile App, you are granted a limited license to

access and use the Site/Mobile App and to download or print a copy of any portion of the

Content to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site/Mobile App, Content

and the Marks.


USER REPRESENTATIONS

By using the Site/Mobile App, you represent and warrant that: [(1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of

such information and promptly update such registration information as necessary;] (3) you have

the legal capacity and you agree to comply with these Terms of Use; [(4) you are not under the

age of 13;] (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have

received parental permission to use the Site/Mobile App]; (6) you will not access the Site/Mobile

App through automated or non-human means, whether through a bot, script or otherwise; (7)

you will not use the Site/Mobile App for any illegal or unauthorized purpose; and (8) your use of

the Site/Mobile App will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the

Site/Mobile App (or any portion thereof). 


USER REGISTRATION

You may be required to register with the Site/Mobile App. You agree to keep your password

confidential and will be responsible for all use of your account and password. We reserve the

right to remove, reclaim, or change a username you select if we determine, in our sole

discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

PROHIBITED ACTIVITIES

You may not access or use the Site/Mobile App for any purpose other than that for which we

make the Site/Mobile App available. The Site/Mobile App may not be used in connection with

any commercial endeavors except those that are specifically endorsed or approved by us.


As a user of the Site/Mobile App, you agree not to:


1. systematically retrieve data or other content from the Site/Mobile App to create or compile,

directly or indirectly, a collection, compilation, database, or directory without written

permission from us.

2. make any unauthorized use of the Site/Mobile App, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending

unsolicited email, or creating user accounts by automated means or under false

pretenses.

3. use a buying agent or purchasing agent to make purchases on the Site/Mobile App.

4. use the Site/Mobile App to advertise or offer to sell goods and services.

5. circumvent, disable, or otherwise interfere with security-related features of the Site/Mobile

App, including features that prevent or restrict the use or copying of any Content or

enforce limitations on the use of the Site/Mobile App and/or the Content contained therein.

6. engage in unauthorized framing of or linking to the Site/Mobile App.

7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive

account information such as user passwords;

8. make improper use of our support services or submit false reports of abuse or

misconduct.

9. engage in any automated use of the system, such as using scripts to send comments or

messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. interfere with, disrupt, or create an undue burden on the Site/Mobile App or the networks

or services connected to the Site/Mobile App.

11. attempt to impersonate another user or person or use the username of another user.

12. sell or otherwise transfer your profile.

13. use any information obtained from the Site/Mobile App in order to harass, abuse, or harm

another person.

14. use the Site/Mobile App as part of any effort to compete with us or otherwise use the

Site/Mobile App and/or the Content for any revenue-generating endeavor or commercial

enterprise.

15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or

in any way making up a part of the Site/Mobile App.

16. attempt to bypass any measures of the Site/Mobile App designed to prevent or restrict

access to the Site/Mobile App, or any portion of the Site/Mobile App.

17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in

providing any portion of the Site/Mobile App to you.

18. delete the copyright or other proprietary rights notice from any Content.

19. copy or adapt the Site/Mobile App’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other

material, including excessive use of capital letters and spamming (continuous posting of

repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the

Site/Mobile App or modifies, impairs, disrupts, alters, or interferes with the use, features,

functions, operation, or maintenance of the Site/Mobile App.

21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive

or active information collection or transmission mechanism, including without limitation,

clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar

devices (sometimes referred to as “spyware” or “passive collection mechanisms” or

“pcms”).

22. except as may be the result of standard search engine or Internet browser usage, use,

launch, develop, or distribute any automated system, including without limitation, any

spider, robot, cheat utility, scraper, or offline reader that accesses the Site/Mobile App, or

using or launching any unauthorized script or other software.

23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Mobile App.

24. use the Site/Mobile App in a manner inconsistent with any applicable laws or regulations.


USER GENERATED CONTRIBUTIONS

The Site/Mobile App may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the opportunity to

create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and

materials to us or on the Site/Mobile App, including but not limited to text, writings, video, audio,

photographs, graphics, comments, suggestions, or personal information or other material

(collectively, "Contributions"). Contributions may be viewable by other users of the Site/Mobile

App and through third-party website/Mobile Apps. As such, any Contributions you transmit may

be treated as non-confidential and non-proprietary. When you create or make available any

Contributions, you thereby represent and warrant that:


1. the creation, distribution, transmission, public display, or performance, and the accessing,

downloading, or copying of your Contributions do not and will not infringe the proprietary

rights, including but not limited to the copyright, patent, trademark, trade secret, or moral

rights of any third party.

2. you are the creator and owner of or have the necessary licenses, rights, consents,

releases, and permissions to use and to authorize us, the Site/Mobile App, and other

users of the Site/Mobile App to use your Contributions in any manner contemplated by the

Site/Mobile App and these Terms of Use.

3. you have the written consent, release, and/or permission of each and every identifiable

individual person in your Contributions to use the name or likeness of each and every such

identifiable individual person to enable inclusion and use of your Contributions in any

manner contemplated by the Site/Mobile App and these Terms of Use.

4. your Contributions are not false, inaccurate, or misleading.

5. your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,

slanderous, or otherwise objectionable (as determined by us).

7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. your Contributions do not advocate the violent overthrow of any government or incite,

encourage, or threaten physical harm against another.

9. your Contributions do not violate any applicable law, regulation, or rule.

10. your Contributions do not violate the privacy or publicity rights of any third party.

11. your Contributions do not contain any material that solicits personal information from

anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent

manner.

12. your Contributions do not violate any federal or state law concerning child pornography, or

otherwise intended to protect the health or well-being of minors;

13. your Contributions do not include any offensive comments that are connected to race,

national origin, gender, sexual preference, or physical handicap.

14. your Contributions do not otherwise violate, or link to material that violates, any provision

of these Terms of Use, or any applicable law or regulation.


Any use of the Site/Mobile App in violation of the foregoing violates these Terms of Use and

may result in, among other things, termination or suspension of your rights to use the

Site/Mobile App.


CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site/Mobile App [or making Contributions

accessible to the Site/Mobile App by linking your account from the Site/Mobile App to any of

your social networking accounts], you automatically grant, and you represent and warrant that

you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-

exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy,

reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly

perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and

distribute such Contributions (including, without limitation, your image and voice) for any

purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or

incorporate into other works, such Contributions, and grant and authorize sublicenses of the

foregoing. The use and distribution may occur in any media formats and through any media

channels.


This license will apply to any form, media, or technology now known or hereafter developed,

and includes our use of your name, company name, and franchise name, as applicable, and

any of the trademarks, service marks, trade names, logos, and personal and commercial

images you provide. You waive all moral rights in your Contributions, and you warrant that

moral rights have not otherwise been asserted in your Contributions.


We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions

provided by you in any area on the Site/Mobile App. You are solely responsible for your

Contributions to the Site/Mobile App and you expressly agree to exonerate us from any and all

responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change

any Contributions; (2) to re-categorize any Contributions to place them in more appropriate

locations on the Site/Mobile App; and (3) to pre-screen or delete any Contributions at any time

and for any reason, without notice. We have no obligation to monitor your Contributions.

   

GUIDELINES FOR REVIEWS

We may provide you areas on the Site/Mobile App to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand experience

with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or

abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory

references based on religion, race, gender, national origin, age, marital status, sexual

orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you

should not be affiliated with competitors if posting negative reviews; (6) you should not make

any conclusions as to the legality of conduct; (7) you may not post any false or misleading

statements; and (8) you may not organize a campaign encouraging others to post reviews,

whether positive or negative.


We may accept, reject, or remove reviews in our sole discretion. We have absolutely no

obligation to screen reviews or to delete reviews, even if anyone considers reviews

objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent

our opinions or the views of any of our affiliates or partners. We do not assume liability for any

review or for any claims, liabilities, or losses resulting from any review. By posting a review, you

hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable,

and sublicensable right and license to reproduce, modify, translate, transmit by any means,

display, perform, and/or distribute all content relating to reviews.

   

MOBILE APPLICATION LICENSE

Use License

If you access the Site/Mobile App via a mobile application, then we grant you a revocable, non-

exclusive, non-transferable, limited right to install and use the mobile application on wireless

electronic devices owned or controlled by you, and to access and use the mobile application on

such devices strictly in accordance with the terms and conditions of this mobile application

license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer,

disassemble, attempt to derive the source code of, or decrypt the application; (2) make any

modification, adaptation, improvement, enhancement, translation, or derivative work from the

application; (3) violate any applicable laws, rules, or regulations in connection with your access

or use of the application; (4) remove, alter, or obscure any proprietary notice (including any

notice of copyright or trademark) posted by us or the licensors of the application; (5) use the

application for any revenue generating endeavor, commercial enterprise, or other purpose for

which it is not designed or intended; (6) make the application available over a network or other

environment permitting access or use by multiple devices or users at the same time; (7) use the

application for creating a product, service, or software that is, directly or indirectly, competitive

with or in any way a substitute for the application; (8) use the application to send automated

queries to any website/Mobile App or to send any unsolicited commercial e-mail; or (9) use any

proprietary information or any of our interfaces or our other intellectual property in the design,

development, manufacture, licensing, or distribution of any applications, accessories, or devices

for use with the application.


Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple

Store or Google Play (each an “App Distributor”) to access the Site/Mobile App: (1) the license

granted to you for our mobile application is limited to a non-transferable license to use the

application on a device that utilizes the Apple iOS or Android operating systems, as applicable,

and in accordance with the usage rules set forth in the applicable App Distributor’s terms of

service; (2) we are responsible for providing any maintenance and support services with respect

to the mobile application as specified in the terms and conditions of this mobile application

license contained in these Terms of Use or as otherwise required under applicable law, and you

acknowledge that each App Distributor has no obligation whatsoever to furnish any

maintenance and support services with respect to the mobile application; (3) in the event of any

failure of the mobile application to conform to any applicable warranty, you may notify the

applicable App Distributor, and the App Distributor, in accordance with its terms and policies,

may refund the purchase price, if any, paid for the mobile application, and to the maximum

extent permitted by applicable law, the App Distributor will have no other warranty obligation

whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are

not located in a country that is subject to a U.S. government embargo, or that has been

designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed

on any U.S. government list of prohibited or restricted parties; (5) you must comply with

applicable third-party terms of agreement when using the mobile application, e.g., if you have a

VoIP application, then you must not be in violation of their wireless data service agreement

when using the mobile application; and (6) you acknowledge and agree that the App Distributors

are third-party beneficiaries of the terms and conditions in this mobile application license

contained in these Terms of Use, and that each App Distributor will have the right (and will be

deemed to have accepted the right) to enforce the terms and conditions in this mobile

application license contained in these Terms of Use against you as a third-party beneficiary

thereof.    

  

SOCIAL MEDIA

As part of the functionality of the Site/Mobile App, you may link your account with online

accounts you have with third-party service providers (each such account, a “Third-Party

Account”) by either: (1) providing your Third-Party Account login information through the

Site/Mobile App; or (2) allowing us to access your Third-Party Account, as is permitted under

the applicable terms and conditions that govern your use of each Third-Party Account. You

represent and warrant that you are entitled to disclose your Third-Party Account login

information to us and/or grant us access to your Third-Party Account, without breach by you of

any of the terms and conditions that govern your use of the applicable Third-Party Account, and

without obligating us to pay any fees or making us subject to any usage limitations imposed by

the third-party service provider of the Third-Party Account. By granting us access to any Third-

Party Accounts, you understand that (1) we may access, make available, and store (if

applicable) any content that you have provided to and stored in your Third-Party Account (the

“Social Network Content”) so that it is available on and through the Site/Mobile App via your

account, including without limitation any friend lists and (2) we may submit to and receive from

your Third-Party Account additional information to the extent you are notified when you link your

account with the Third-Party Account. Depending on the Third-Party Accounts you choose and

subject to the privacy settings that you have set in such Third-Party Accounts, personally

identifiable information that you post to your Third-Party Accounts may be available on and

through your account on the Site/Mobile App. Please note that if a Third-Party Account or

associated service becomes unavailable or our access to such Third-Party Account is

terminated by the third-party service provider, then Social Network Content may no longer be

available on and through the Site/Mobile App. You will have the ability to disable the connection

between your account on the Site/Mobile App and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE

PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED

SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not

limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social

Network Content. You acknowledge and agree that we may access your email address book

associated with a Third-Party Account and your contacts list stored on your mobile device or

tablet computer solely for purposes of identifying and informing you of those contacts who have

also registered to use the Site/Mobile App. You can deactivate the connection between the

Site/Mobile App and your Third-Party Account by contacting us using the contact information

below or through your account settings (if applicable). We will attempt to delete any information

stored on our servers that was obtained through such Third-Party Account, except the

username and profile picture that become associated with your account.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or

other information regarding the Site/Mobile App ("Submissions") provided by you to us are non-

confidential and shall become our sole property. We shall own exclusive rights, including all

intellectual property rights, and shall be entitled to the unrestricted use and dissemination of

these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you. You hereby waive all moral rights to any such Submissions, and you

hereby warrant that any such Submissions are original with you or that you have the right to

submit such Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.


THIRD-PARTY WEBSITE/MOBILE APPS AND CONTENT

The Site/Mobile App may contain (or you may be sent via the Site/Mobile App) links to other

website/Mobile Apps ("Third-Party Website/Mobile Apps") 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 ("Third-Party Content"). Such

Third-Party Website/Mobile Apps and Third-Party Content are not investigated, monitored, or

checked for accuracy, appropriateness, or completeness by us, and we are not responsible for

any Third-Party Website/Mobile Apps accessed through the Site/Mobile App or any Third-Party

Content posted on, available through, or installed from the Site/Mobile App, including the

content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or

contained in the Third-Party Website/Mobile Apps or the Third-Party Content. Inclusion of,

linking to, or permitting the use or installation of any Third-Party Website/Mobile Apps or any

Third-Party Content does not imply approval or endorsement thereof by us. If you decide to

leave the Site/Mobile App and access the Third-Party Website/Mobile Apps or to use or install

any Third-Party Content, you do so at your own risk, and you should be aware these Terms of

Use no longer govern. You should review the applicable terms and policies, including privacy

and data gathering practices, of any website/Mobile App to which you navigate from the

Site/Mobile App or relating to any applications you use or install from the Site/Mobile App. Any

purchases you make through Third-Party Website/Mobile Apps will be through other

website/Mobile Apps and from other companies, and we take no responsibility whatsoever in

relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-

Party Website/Mobile Apps and you shall hold us harmless from any harm caused by your

purchase of such products or services. Additionally, you shall hold us harmless from any losses

sustained by you or harm caused to you relating to or resulting in any way from any Third-Party

Content or any contact with Third-Party Website/Mobile Apps.


ADVERTISERS

If we allow advertisers to display their advertisements and other information in certain areas of

the Site/Mobile App, such as sidebar advertisements or banner advertisements. If you are an

advertiser, you shall take full responsibility for any advertisements you place on the Site/Mobile

App and any services provided on the Site/Mobile App or products sold through those

advertisements. Further, as an advertiser, you warrant and represent that you possess all rights

and authority to place advertisements on the Site/Mobile App, including, but not limited to,

intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree

that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice

and Policy provisions as described below, and you understand and agree there will be no refund

or other compensation for DMCA takedown-related issues.] We simply provide the space to

place such advertisements, and we have no other relationship with advertisers.

 

SITE/MOBILE APP MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site/Mobile App for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion,

violates the law or these Terms of Use, including without limitation, reporting such user to law

enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access

to, limit the availability of, or disable (to the extent technologically feasible) any of your

Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or

liability, to remove from the Site/Mobile App or otherwise disable all files and content that are

excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the

Site/Mobile App in a manner designed to protect our rights and property and to facilitate the

proper functioning of the Site/Mobile App.


PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the

Site/Mobile App, you agree to be bound by our Privacy Policy, which is incorporated into these

Terms of Use. Please be advised the Site/Mobile App is hosted in the United States. If you

access the Site/Mobile App from the European Union, Asia, or any other region of the world with

laws or other requirements governing personal data collection, use, or disclosure that differ from

applicable laws in the United States, then through your continued use of the Site/Mobile App or

Services, you are transferring your data to the United States, and you expressly consent to have

your data transferred to and processed in the United States. [Further, we do not knowingly

accept, request, or solicit information from children or knowingly market to children. Therefore,

in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual

knowledge that anyone under the age of 13 has provided personal information to us without the

requisite and verifiable parental consent, we will delete that information from the Site/Mobile

App as quickly as is reasonably practical.]

  

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available

on or through the Site/Mobile App infringes upon any copyright you own or control, please

immediately notify our Designated Copyright Agent using the contact information provided

below (a “Notification”). A copy of your Notification will be sent to the person who posted or

stored the material addressed in the Notification. Please be advised that pursuant to federal law

you may be held liable for damages if you make material misrepresentations in a Notification.

Thus, if you are not sure that material located on or linked to by the Site/Mobile App infringes

your copyright, you should consider first contacting an attorney.


All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the

following information: (1) A physical or electronic signature of a person authorized to act on

behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the

copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the

Site/Mobile App are covered by the Notification, a representative list of such works on the

Site/Mobile App; (3) identification of the material that is claimed to be infringing or to be the

subject of infringing activity and that is to be removed or access to which is to be disabled, and

information reasonably sufficient to permit us to locate the material; (4) information reasonably

sufficient to permit us to contact the complaining party, such as an address, telephone number,

and, if available, an email address at which the complaining party may be contacted; (5) a

statement that the complaining party has a good faith belief that use of the material in the

manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) 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 upon.


Counter Notification

If you believe your own copyrighted material has been removed from the Site/Mobile App as a

result of a mistake or misidentification, you may submit a written counter notification to [us/our

Designated Copyright Agent] using the contact information provided below (a “Counter

Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification

must include substantially the following: (1) identification of the material that has been removed

or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your

address is located, or if your address is outside the United States, for any judicial district in

which we are located; (3) a statement that you will accept service of process from the party that

filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a

statement under penalty of perjury that you have a good faith belief that the material in question

was removed or disabled as a result of a mistake or misidentification of the material to be

removed or disabled; and (6) your physical or electronic signature.


If you send us a valid, written Counter Notification meeting the requirements described above,

we will restore your removed or disabled material, unless we first receive notice from the party

filing the Notification informing us that such party has filed a court action to restrain you from

engaging in infringing activity related to the material in question. Please note that if you

materially misrepresent that the disabled or removed content was removed by mistake or

misidentification, you may be liable for damages, including costs and attorney's fees. Filing a

false Counter Notification constitutes perjury.


Poker Elephant, LLC

Attn: Copyright Agent

customerservice@pokerelephant.com


COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available

on or through the Site/Mobile App infringes upon any copyright you own or control, please

immediately notify us using the contact information provided below (a “Notification”). A copy of

your Notification will be sent to the person who posted or stored the material addressed in the

Notification. Please be advised that pursuant to federal law you may be held liable for damages

if you make material misrepresentations in a Notification. Thus, if you are not sure that material

located on or linked to by the Site/Mobile App infringes your copyright, you should consider first

contacting an attorney.]


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site/Mobile App.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE

THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE SITE/MOBILE APP (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING

WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR

COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE/MOBILE

APP OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  


If we terminate or suspend your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third

party, even if you may be acting on behalf of the third party. In addition to terminating or

suspending your account, we reserve the right to take appropriate legal action, including without

limitation pursuing civil, criminal, and injunctive redress.


MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site/Mobile App at any

time or for any reason at our sole discretion without notice. However, we have no obligation to

update any information on our Site/Mobile App. We also reserve the right to modify or

discontinue all or part of the Site/Mobile App without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or discontinuance of the

Site/Mobile App.


We cannot guarantee the Site/Mobile App will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site/Mobile App, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site/Mobile App at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for any loss,

damage, or inconvenience caused by your inability to access or use the Site/Mobile App during

any downtime or discontinuance of the Site/Mobile App. Nothing in these Terms of Use will be

construed to obligate us to maintain and support the Site/Mobile App or to supply any

corrections, updates, or releases in connection therewith.


GOVERNING LAW

These Terms of Use and your use of the Site/Mobile App are governed by and construed in

accordance with the laws of the State of [name of state] applicable to agreements made and to

be entirely performed within the State/Commonwealth of Utah without regard to its conflict of

law principles.


DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the

“Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal

courts located in Salt Lake County, Utah, and the Parties hereby consent to, and waive all

defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts.  Application of the United Nations Convention on

Contracts for the International Sale of Goods and the Uniform Computer Information

Transaction Act (UCITA) are excluded from these Terms of Use.  In no event shall any claim,

action, or proceeding brought by either Party related in any way to the Site/Mobile App be

commenced more than 1 year after the cause of action arose.


Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these

Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us

(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to

negotiate any Dispute (except those Disputes expressly provided below) informally for at least

180 days before initiating arbitration. Such informal negotiations commence upon written notice

from one Party to the other Party.


Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except

those Disputes expressly excluded below) will be finally and exclusively resolved by binding

arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE

THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be

commenced and conducted under the Commercial Arbitration Rules of the American Arbitration

Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for

Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website/Mobile App www.adr.org. Your arbitration fees and your share of arbitrator

compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited

by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive,

we will pay all arbitration fees and expenses.] The arbitration may be conducted in person,

through the submission of documents, by phone, or online. The arbitrator will make a decision in

writing, but need not provide a statement of reasons unless requested by either Party. The

arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to

do so. Except where otherwise required by the applicable AAA rules or applicable law, the

arbitration will take place in Salt Lake County, Utah. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to

confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be

commenced or prosecuted in the state and federal courts located in Salt Lake County, Utah,

and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and

forum non conveniens with respect to venue and jurisdiction in such state and federal

courts. Application of the United Nations Convention on Contracts for the International Sale of

Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from

these Terms of Use.  


In no event shall any Dispute brought by either Party related in any way to the Site/Mobile App

be commenced more than 1 year after the cause of action arose. If this provision is found to be

illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that

portion of this provision found to be illegal or unenforceable and such Dispute shall be decided

by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties

agree to submit to the personal jurisdiction of that court.


Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these

Terms of Use (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you

or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively

resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU

WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration

shall be commenced and conducted under the Commercial Arbitration Rules of the American

Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures

for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the

AAA webSite/Mobile App www.adr.org. Your arbitration fees and your share of arbitrator

compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited

by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive,

we will pay all arbitration fees and expenses.] The arbitration may be conducted in person,

through the submission of documents, by phone, or online. The arbitrator will make a decision in

writing, but need not provide a statement of reasons unless requested by either Party. The

arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to

do so. Except where otherwise required by the applicable AAA rules or applicable law, the

arbitration will take place in Salt Lake County, Utah. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to

confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be

commenced or prosecuted in the state and federal courts located in Salt Lake County, Utah,

and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and

forum non conveniens with respect to venue and jurisdiction in such state and federal

courts. Application of the United Nations Convention on Contracts for the International Sale of

Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these

Terms of Use.  


In no event shall any Dispute brought by either Party related in any way to the Site/Mobile App

or Services be commenced more than 1 year after the cause of action arose. If this provision is

found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling

within that portion of this provision found to be illegal or unenforceable and such Dispute shall

be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and

the Parties agree to submit to the personal jurisdiction of that court.


Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties

individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other

proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action

basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to

be brought in a purported representative capacity on behalf of the general public or any other

persons.


Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning

[informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or

concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute

related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,

then neither Party will elect to arbitrate any Dispute falling within that portion of this provision

found to be illegal or unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

 

CORRECTIONS

There may be information on the Site/Mobile App that contains typographical errors,

inaccuracies, or omissions that may relate to the Site/Mobile App, including descriptions,

pricing, availability, and various other information. We reserve the right to correct any errors,

inaccuracies, or omissions and to change or update the information on the Site/Mobile App at

any time, without prior notice.


DISCLAIMER

THE SITE/MOBILE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SITE/MOBILE APP SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE/MOBILE APP AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-

INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE

ACCURACY OR COMPLETENESS OF THE SITE/MOBILE APP’S CONTENT OR THE

CONTENT OF ANY WEBSITE/MOBILE APPS LINKED TO THIS SITE/MOBILE APP AND WE

WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND

USE OF THE SITE/MOBILE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR

SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION

OF TRANSMISSION TO OR FROM THE SITE/MOBILE APP, (5) ANY BUGS, VIRUSES,

TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE/MOBILE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN

ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SITE/MOBILE APP. WE DO NOT WARRANT,

ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR

SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE/MOBILE

APP, ANY HYPERLINKED WEBSITE/MOBILE APP, OR ANY WEBSITE/MOBILE APP OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE

WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY

TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR

SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY

MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST

PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR

USE OF THE SITE/MOBILE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED

HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF

THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF

CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE

DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE

ADDITIONAL RIGHTS.]

  

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and

all of our respective officers, agents, partners, and employees, from and against any loss,

damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made

by any third party due to or arising out of: (1) your Contributions; (2) use of the Site/Mobile App;

(3) breach of these Terms of Use; (4) any breach of your representations and warranties set

forth in these Terms of Use; (5) your violation of the rights of a third party, including but not

limited to intellectual property rights; or (6) any overt harmful act toward any other user of the

Site/Mobile App with whom you connected via the Site/Mobile App. Notwithstanding the

foregoing, we reserve the right, at your expense, to assume the exclusive defense and control

of any matter for which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defense of such claims. We will use reasonable efforts to notify you of any

such claim, action, or proceeding which is subject to this indemnification upon becoming aware

of it. 

  

USER DATA

We will maintain certain data that you transmit to the Site/Mobile App for the purpose of

managing the Site/Mobile App, as well as data relating to your use of the Site/Mobile App.

Although we perform regular routine backups of data, you are solely responsible for all data that

you transmit or that relates to any activity you have undertaken using the Site/Mobile App.  You

agree that we shall have no liability to you for any loss or corruption of any such data, and you

hereby waive any right of action against us arising from any such loss or corruption of such

data.

  

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site/Mobile App, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to you

electronically, via email and on the Site/Mobile App, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC

DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR

COMPLETED BY US OR VIA THE SITE/MOBILE APP. You hereby waive any rights or

requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction

which require an original signature or delivery or retention of non-electronic records, or to

payments or the granting of credits by any means other than electronic means.


CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance

Unit of the Division of Consumer Services of the California Department of Consumer Affairs in

writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone

at (800) 952-5210 or (916) 445-1254.


MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site/Mobile App

constitute the entire agreement and understanding between you and us. Our failure to exercise

or enforce any right or provision of these Terms of Use shall not operate as a waiver of such

right or provision. These Terms of Use operate to the fullest extent permissible by law. We may

assign any or all of our rights and obligations to others at any time. We shall not be responsible

or liable for any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control.  If any provision or part of a provision of these Terms of Use is determined

to be unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Terms of Use and does not affect the validity and enforceability of any

remaining provisions. There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Terms of Use or use of the Site/Mobile App.

You agree that these Terms of Use will not be construed against us by virtue of having drafted

them. You hereby waive any and all defenses you may have based on the electronic form of

these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT US 

In order to resolve a complaint regarding the Site/Mobile App or to receive further information

regarding use of the Site/Mobile App, please contact us at:

POKER ELEPHANT, LLC

Customerservice@pokerelephant.com