| Terms of Use PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Membership at this site is limited to a single individual per membership. You agree to
never share Login IDs nor passwords. Doing so is illegal and could result in the
termination of a paying membership. Violators of this policy will be responsible for lost
membership fees caused by sharing of Login IDs and Passwords.
You will not copy or record or in any way save videos, html pages, or any content made
available through CardKiller.com accept as noted below. Doing so is illegal and is a
copyright violation and could result in the termination of a paying membership. Violators
of this policy will be responsible for lost revenue and copyright violation penalties.
Members are allowed to record their personal hand histories that they upload into the
CardKiller Replayer Software. However, members are not allowed to use any resulting videos
or content for commercial use, nor can they alter, block, or obscure the CardKiller logo.
By submitting content (hand history, audio, video, text, etc.) to CardKiller.com, you
release all rights to the content and explicitly give CardKiller.com all rights to the
content, and you agree that your poker name or identification can be shown on the site or
where ever the hand may be displayed. You agree that you will not be compensated
monetarily or otherwise in any way from CardKiller.com or by anyone associated with
CardKiller.com. You agree that the content can be posted publicly for any person to see or
privately for CardKiller members to view
REFUND POLICY
Due to the nature of digital media we are unable to offer refunds. However, you may
cancel future monthly charges at any time by logging into the members area and using the Cancel link inside the
members area.
1. General. This site is owned and operated by CardKiller.com and has the
right at any time to change or discontinue any aspect or feature of the site, including,
without limitation, the content, hours of availability, and equipment needed for access or
use of the site. These terms of use apply to all users of CardKiller, from one-time users
to people browsing the website to CardKiller members.
2. Restrictions on Use.
- A. You shall use the site for lawful purposes only. You shall not post or transmit
through the site any material that (i) violates or infringes in any way upon the rights of
others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages
conduct that would constitute a criminal offense, gives rise to civil liability or
otherwise violate any law. Without CardKiller's express prior approval, you shall not post
or transmit through the site any material that contains advertising or any solicitation
with respect to products or services. You shall not use the site to advertise or perform
any commercial solicitation, including, without limitation, the solicitation of users to
become subscribers of other on-line information services. Any conduct by you that in
CardKiller's discretion restricts or inhibits any other user from using or enjoying the
site will not be permitted. CardKiller reserves the right to view all Private Messages
(PM) sent using software or systems provided by CardKiller or related websites.
- B. The site contains copyrighted material, trademarks and other proprietary information,
including, without limitation, eBooks, downloadable files, text, software, photos, video,
graphics, music and sound, and the contents of the site are copyrighted under the United
States copyright laws. You may not modify, publish, transmit, display, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the content, in
whole or in part. No copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express written
permission of CardKiller and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You acknowledge that you
do not acquire any ownership rights by downloading copyrighted material. CardKiller eBooks
can not be printed.
- C. You shall not upload, post or otherwise make available on the site any material
protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests with you. You
shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting
material to any public area of the site, you automatically grant, or warrant that the
owner of such material has expressly granted CardKiller the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, display, translate and distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access, view, store or reproduce
the material for that user's personal use. You grant CardKiller the right to edit, copy,
display, publish and distribute any material made available on the site by you.
- D. Your access to the site, other than to portions open to the public, is controlled by
your individual password. You may not share your password with anyone else or permit your
password to be used to provide anyone else with access to non-public portions of the site.
- E. The foregoing provisions of Section 3 are for the benefit of CardKiller, its
subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
3.Disclaimer of Warranty; Limitation of Liability.
- A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CardKiller,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH
THE SITE. CardKiller DOES NOT GUARANTEE ANY RESULTS OR IMPROVEMENTS OF USERS IN THIS
SITE CONCERNING THE USERS RESULTS IN ANY CARD GAMES.
- B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. ANY LOSSES INCURRED IN
POKER OR GAMBLING BY USERS OF THIS SITE IS NOT THE RESPONSIBILITY OF CardKiller AND
CardKiller IS NOT LIABLE FOR ANY MONETARY LOSSES BY USERS OF THIS SITE.
- C. IN NO EVENT WILL CardKiller, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CardKiller's TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SPYWARE, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CardKiller IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
4. Monitoring. CardKiller shall have the right, but not the obligation, to
monitor the content of the site including any chat rooms and forums, to determine
compliance with these Terms of Use and any operating rules established by CardKiller and
to satisfy any law, regulation or authorized government request. CardKiller shall have the
right in its sole discretion to edit, refuse to post or remove any material submitted to
or posted on the site. Without limiting the foregoing, CardKiller shall have the right to
remove any material that CardKiller in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
5. Indemnification. You agree to defend, indemnify and hold harmless CardKiller
and its affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, demands, damages, costs, liabilities, losses and
expenses (including reasonable attorneys' fees) arising out of your use of the site.
6. Trademarks. CardKiller, CardKiller.com, and all page headers, custom
graphics and button icons are service marks, trademarks, and/or trade dress of CardKiller
or of the owner of such trademarks. All rights reserved. All other trademarks appearing on
the site are the property of their respective owners.
7. Third Party Content. CardKiller has no editorial control over third party
content. Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not of CardKiller. In
many instances, the content available through the site represents the opinions and
judgments of the respective information provider or user. CardKiller neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or statement made on
the site by anyone other than authorized CardKiller employee spokespersons while acting in
their official capacities.
8. Changed Terms. CardKiller has the right at any time to change or modify these
Terms of Use applicable to use of the site, or any part thereof, or to impose new
conditions. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including, without
limitation, posting on the site, or by electronic or conventional mail, or by any other
means. Any use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or deletions.
9. Miscellaneous. These Terms of Use shall be construed in accordance with the
laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import. |