PLEASE READ THESE TERMS OF SERVICE BEFORE PLAYING RACE POKER. PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN A
BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH FACTORY GAMES LTD.
SECTION 1 – GENERAL INFORMATION
1.1 – Terms of Service Binding
These terms of service (the “Terms of Service” or “TOS“) apply to your use of the online and mobile websites (each, a “Website”) operated by Factory Games Ltd Application or Community Feature. The Website, the Applications and the Community Features are collectively referred to as the “Services.” Your use of the Services constitutes your unconditional agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Services. You can visit many parts of the Services without becoming a registered “User” (as defined below), but to participate in Community Features and certain other activities you will need to become a registered User and create an account (each, an “Account“). These TOS govern everyone who uses the Services (each, “you” or a “User“), whether they are registered or not.
These TOS, the Race Poker Privacy Policy, and any other terms and conditions incorporated herein (collectively, the “Other Policies“), constitute the entire agreement between you and Factory Games LTD (DBA Race Poker) pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these TOS shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
The Services are intended solely for users who are thirteen (13) years of age and older. Individuals who are under the age of eighteen (18) may access the Services only with the knowledge and consent of a parent or legal guardian, under such person’s Account, and otherwise in accordance with these Terms of Service. Certain parts of the Service may be subject to heightened age and/or other eligibility requirements.
1.2 – License to Use
Race Poker grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Services and the materials thereon, including the “Services Content” (as defined below) for your personal use only, provided that you comply fully with these Terms of Service. You may “cache” pages of the Services for the sole purpose of increasing the speed and efficiency at which you access the Services in the future. You shall not interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, or any other means expressly prohibited by any provision of these TOS.
1.3 – Changes to the Services and/or Terms of Service
Race Poker reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When Race Poker amends these TOS, it will revise the “last updated” date located at the bottom of these TOS for an amount of time that we determine in our discretion. For material changes to these TOS, Race Poker may notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS or Other Policies have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Website and will supersede all previous versions of these TOS.
1.4 – Changes in Services Ownership
As set forth more fully in the Privacy Policy, you will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of the Services of any personal information submitted by you and contained in Race Poker's database if Race Poker assigns your personal information to a third party as part of a corporate transaction such as a merger, acquisition, or sale of the Services, in whole or in part.
1.5 – Linked Websites
The Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Services or any Third Party Applications, Software or Content posted on, available through or installed from the Services, including 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. If you decide to leave the Services 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.
1.6 – No Resale / Exploitation by Licensee
You may not reproduce, copy, resell, manipulate, or exploit any part of the Services or the “Services Materials” (as defined below), for any commercial purpose.
1.7 – Account Termination / Prohibited Access
Race Poker may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any “Community Content” (as defined below) posted or submitted by you to any Community Feature, for any reason or no reason. Race Poker may also, in its sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict any User access thereto, for any reason or no reason at all. Should Race Poker take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your “Registration Information” (as defined below) and submitted Community Content.
SECTION 2 – INTELLECTUAL PROPERTY
2.1 – Ownership of trademarks, copyrights and patents
As between Users and Race Poker, Services Content is different from “Community Content”. “Community Content” consists of User-generated content, information, and materials of any kind or nature that is included or posted by Users in the Community Features sections of the Website or an Application (collectively, “Community Content“). The Services and all of the content the Services contain, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the “Services Content“) is proprietary to Race Poker. The Services Content and the programming codes associate therewith (“Services Code“) as they exist on the Services are offered to you by Race Poker for limited and restricted use pursuant to these TOS.
2.2 – Use of Software
From time to time, and at its sole discretion, Race Poker may make available to Users certain software that may be accessible or downloaded from the Services. In the event that you access or download software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you and does not imply transfer title to the Software to you. For purposes of these TOS, such Software shall be deemed included in the definition of “Services Materials”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.
SECTION 3 – COMMUNITY FEATURES
Section 3.1 – General Community Information
In consideration for your use of the Community Features and functionality, you agree to: (i) comply with the “Community Guidelines” set forth below; (ii) provide Race Poker with accurate, complete and true information about yourself as required on the registration form (your “Registration Information“) in order to create your Account; and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at Race Poker's sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Services.
As part of your Account, you will be responsible for creating and maintaining the confidentiality of, your account and any associated password. You are responsible for all activity occurring under your Account. You agree that you will: (i) immediately notify Race Poker of any unauthorized use of your username or password; and (ii) ensure that you properly exit a Community Feature at the completion of your session. Race Poker shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
Section 3.2 – Profiles, Buddy Lists, Comment Walls, Virtual Assets and Private or Public Communications
To enhance User experience, Race Poker may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or virtual assets, polls, surveys, and other services (collectively, the “Community Features“). Community Features are provided by Race Poker to you and others subject to the TOS, the “Community Guidelines” set forth below and the Other Policies. The User who posts Community Content in the Community Features is responsible for the reliability, accuracy and truthfulness of such Community Content, and Race Poker has no control over such Community Content. Additionally, Race Poker has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.
Section 3.3 – Community Guidelines
You are entirely responsible and liable for all activities conducted that are associated with your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in Race Poker terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by Race Poker in its sole discretion (“Community Guidelines“). You agree not to do any of the following actions while using any of the Community Features:
• Violate these Community Guidelines or abuse the community purpose of the chat areas.
• Participate in any part of the Services if you are under the age of 13.
• Use profanity, obscenities, or **asterisks**, (((echoes))) or other “masking” characters to disguise profane, obscene or offensive words.
• Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
• Impersonate other Users.
• Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
• Post topics on message boards, on the Services or within any of the Community Features that are unrelated to the subject of the Services.
• Advertise or promote other companies or URLs.
• Share personal information (your name, phone number, home address, password, etc.) with other users on the Services.
• Include advertising in communications.
• Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Race Poker all of the license rights granted herein.
• Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
• Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
• Collect or harvest the information of any User or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
Information disclosed in Community Features is, by design, revealed to the public. Race Poker is not responsible for any information you choose to disclose to others. Race Poker reserves the right, but not the obligation, to remove any posts for any reason. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
You agree to indemnify Race Poker for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Community Content to Race Poker, or your failure to comply with the Community Guidelines. Race Poker does not and cannot review every message posted by users on the Services, and is not responsible for the content of these messages or the views or opinions expressed by the Users of the Services. Race Poker reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Services.
Section 3.4 – Promotional Activities
By registering for an Account, you agree that the Services may display your username throughout the Services, including, but not limited to areas such as leader boards, individual tournament records, message boards, chat rooms, etc.
Section 3.5 – Privacy Policy
Submissions are governed by these TOS even if they include information about you or information that could be used to personally identify you. Any other personal information collected through the Services will be governed by Factory Games Privacy Policy, which is incorporated into these TOS by reference.
Section 3.6 – Anti-Spam Policy
The Services are vigorously against the practice commonly referred to as “Spamming.” Any User who is reported to be generating Spam, and whose “Spamming” is validated by the Services, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Race Poker. “Spam” as it is commonly understood, and includes the following:
• Electronic mail messages and commercial electronic messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
• Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
• Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or “Instant Messaging” system.
Race Poker may, at its sole discretion and with or without prior notice, enact the following enforcement actions described in detail below:
• Account Suspension: Upon the receipt of a credible and validated complaint, Race Poker may elect to immediately suspend the membership of the User implicated in the abuse. Suspension serves as a “final” warning and will prevent the abuser from continuing his/her abusive “Spamming” behaviour. Race Poker reserves the right to lift the suspension of a User at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, Race Poker may immediately terminate the membership of the individual User implicated in the abuse and may void any associated winnings.
SECTION 4 – LIMITATION OF LIABILITY
THE SERVICES, THE SERVICES MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RACE POKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RACE POKER DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SERVICES MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. RACE POKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF RACE POKER. THE COMPANY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.
UNDER NO CIRCUMSTANCES, SHALL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE RACE POKER TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SECTION 5 – INDEMNIFICATION
BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RACE POKER ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR RACE POKER'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN RACE POKER'S DEFENSE OF ANY CLAIM. RACE POKER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF RACE POKER.
SECTION 6 – MEMBER DISPUTES
You are solely responsible for your interactions with other Users and/or Community Feature Users.
SECTION 7 – ABILITY TO ACCEPT TOS
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.
SECTION 8 – ADDITIONAL TERMS
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of Race Poker or its operator, Factory Games LTD. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.