Welcome to OnlinePokerAustralia.com (the “Site”).
In the Agreement, “you” or “your” or “user” or “player” means any person who uses the Site, Services or the Software under the Agreement.
By using or accessing the Site or, you consent to the terms and conditions set forth in the Agreement and agree to be bound by its terms.
- 1 1. Acceptance and Amendment of the Agreement
- 2 2. Use of the Site and Services
- 3 3. The Services
- 4 4. Intellectual Property Rights
- 5 5. User Content
- 6 6. Prohibited Activities
- 7 7. Your Undertakings and Representations
- 8 8. Third-Party Content
- 9 9. Gaming Services
- 10 12. Indemnity
- 11 13. Notification of Copyright Infringement
1. Acceptance and Amendment of the Agreement
- If you disagree with any terms or conditions of the Agreement you should immediately stop using the Site and the Services.
- We may amend the Agreement from time to time and any changes made shall come into effect 14 days after being published on the Site or earlier if required by any applicable law, regulation or directive. You agree that your access or use of the Site or your use of the Services following such period will be deemed to constitute your acceptance of the amendments made to the Agreement.
- We may terminate or suspend your use of the Services and/or this Site at any time, at our sole discretion and for any reason which may include but is not limited to a breach by you of the Agreement without providing any financial compensation to you.
2. Use of the Site and Services
- The Site and the Services may only be used by you if you are over the age of 18 and over the age for which the Site and the Services are legal under the laws of any jurisdiction which applies to you (the “Legal Age”).
- The Site and the materials incorporated therein are not designed to appeal or target those who have not yet reached Legal Age.
- If you are not of Legal Age you must immediately stop using or accessing the Site and the Services.
3. The Services
- The Site provides information with regards to poker games in Australia (the “Services”).
- The Site and the Services are provided for free and for informational purposes only.
- The Company does not operate any online poker website, nor does it accept any bets or wagers.
4. Intellectual Property Rights
- The Company, its affiliates and its licensors (as applicable) own all software, data, written materials and other content, graphics, forms, artwork, images, pictures, graphics, photographs, functional components, animations, videos, music, audio, text and any software concepts and documentation and other material on, in or made available through the Site (collectively the “Site Content”).
- You agree not to remove or alter any copyright notice or any other proprietary notice on the Site or the Site Content.
- In addition, the brand names and any other trademarks, service marks and/or trade names used on this Site (the “Trade Marks”) are the trademarks, service marks and/or trade names of the Company, its affiliates or its licensors (as applicable) and these entities reserve all rights to such Trade Marks.
- The Site Content and Trademarks are protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Services or by using or visiting the Site, you obtain no rights in the Trade Marks and the Site Content and you may only use the same in complete accordance with the Agreement.
5. User Content
- We may permit you to transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, which may include but is not limited to via online discussion forums and chat facilities.
- You are entirely responsible for such User Content and the Company and its affiliates shall have no liability to you with respect of the User Content and you hereby waive all claims against us and our affiliates in this regard.
- By providing the User Content you grant the Company and its affiliates a perpetual, irrevocable, transferable, worldwide license to use, copy, perform exploit, distribute, reproduce, display, modify, add to, subtract from, translate, edit and create derivative works based upon the User Content or any portion thereof in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised all without any compensation to you whatsoever. You also agree to waive all moral rights to the User Content.
- You acknowledge and agree that neither the Company nor its affiliates is obligated to monitor or review User Content.
- You acknowledge and agree that any User Generated Content may be edited or removed by the Company and its affiliates and you hereby waive any rights you may have if the User Content is altered or changed.
- When publishing or submitting User Content, any personally identifiable information that you submit, can be read, collected, or used by other visitors or users of the Site and can be used by third parties to for example, send you unsolicited messages. The Company and its affiliates are not and shall not be responsible for the personally identifiable information that you choose to submit in the User Content.
- You shall at all times be polite when interacting with other users or visitors of the Site and you shall not to engage in any behavior that may be construed by us as aggressive, harassing, tortious, defamatory, libelous, vulgar, hateful, obscene, offensive, racist, sexist, insulting or otherwise inappropriate towards other users.
- You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, or otherwise making available on the Site, User Content or any other content that: (i) is, or which encourages activity or conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, insulting, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any proprietary right of any third party which includes but is not limited to intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (iv) you were compensated for or granted any consideration of any nature by any third party; (v) contains restricted or hidden content; (vi) violates any applicable law, statute, ordinance, regulation, or agreement; (vii) is untrue, malicious or which is damaging to the Company, its affiliates or the Site; (viii) is designed be designed to interfere or interrupt the Site; (ix) infect the Site with a virus or other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware; and (x) advertises, promotes or otherwise relates to any other online entities or sites which are competitors of the Company, its affiliates or the Site.
- You shall not misrepresent or make false statements regarding the source or origin of any User Content.
6. Prohibited Activities
- By visiting or using using the Site you agree not to and not to permit others:
- access or collect any personally identifiable information of other users or visitors of the Site for any reason whatsoever;
- use the Site, the Services, the Site Content in connection with any unlawful activity;
- copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
- to harvest or collect any data or information through the Site, or use any robot, spider, scraper or any other means, automated or otherwise, to access the Site;
- disclose any data about the Site or the Services to any third parties;
- distribute any malicious code viruses, spyware, trojans, worms, spybots, keyloggers or any other form of malware, droppers, logic bombs, hidden files, locks, clocks, copy protection features, CPU serial number references or any other device of similar intent to the Site or Services or upload any upload files designed to harm the Site, the Services or the users or visitors to the Site or users of the Services;
- not modify, lease, copy, distribute, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any of the Site Content, Trademarks or User Content;
- make the software available to any third party through a computer network or otherwise;
- not to take any action that would reduce or harm the Company’s, its affiliates or the Sites goodwill or reputation.
7. Your Undertakings and Representations
- By visiting or using the Site you represent, warrant and affirm:
- you are of Legal Age;
- you will only use the Site and Services for non-commercial purposes and in a personal capacity;
- you have verified and determined that your use of the Services and the Site does not violate any laws or regulations of any jurisdiction that applies to you and you will not use the Site or Services, or any materials and information contained therein, in connection with any unlawful activity;
- you shall use the Site and the Services in complete accordance with the terms and conditions of the Agreement, as amended from time to time;
- you will not to use the Site, Services, or any information contained on the Site for any illegal or unauthorized purposes that violates any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws);
- not impersonate any individual, person, or entity, other than yourself;
- to waive any right to a participate in a class action or trial by jury against the Company or its affiliates in any jurisdiction where such waiver is possible and agree to submit to arbitral proceedings in the event of a dispute as further set out in these Terms of Service.
- If You are using the Site on behalf of an organization, company, or entity (collectively, a “Subscribing Organization”) then you represent and warrant that you: (i) are authorized as a representative or agent of that Subscribing Organization with sufficient authority to bind that Subscribing Organization to the Agreement; (ii) have read the Agreement; (iii) understand these Agreement, and (iv) agree to these Agreement on behalf of such Subscribing Organization.
8. Third-Party Content
- This Site may contain hyperlinks to other websites, services or products or content operated by persons/entities other than us (collectively “Third Party Content”). Such hyperlinks are provided for your reference and convenience only. You agree not to hold us responsible for the Third Party Content. A hyperlink from this Site to the Third-Party Content does not imply that we endorse such Third Party Content. You are solely responsible for determining the extent to which you may use any Third-Party Content and do so at your own risk.
- We do not endorse, nor do we make any warranties, representations with respect to any such to the Third Party Content (which includes but is not limited to the accuracy of the information, the quality of products or services contained in the Third Party Content).
9. Gaming Services
- The Site, Site Content and Services makes available information for your personal entertainment and informational purposes only.
- The Site, Site Content may contain references to, link to or advertise Third Party Content which relates to online poker (the “Gaming Services”).
- The Gaming Services are only directed to and are intended to be viewed and used for those users or visitors to the Site who are located in jurisdictions where the use of the Gaming Services is legal.
- Without limiting the foregoing, you understand that laws regarding online gaming and gambling vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to the country you are located in with regards to the use of the Site, Services and the Gaming Services. The ability to access to the Site does not necessarily mean that the Site, the Services, the Site Content, Gaming Services and/or your activities via the Site, are legal under the laws, regulations or directives applicable to the country you are located in.
- You hereby agree and affirm with regards to your access or use of the Gaming Services:
- you are located in a jurisdiction where it is lawful to use the Gaming Services which you access;
- you are not under the age of 18 or the age of legal consent for engaging in or using the Gaming Services;
- you have evaluated the laws, regulations and directives relating to your use of the Gaming Services and your use or access of the Gaming Services will not violate any applicable law, regulation or directive;
- your use of the information available on the Site or via the Services may result in the loss of any monies you so choose to gamble or wager on the Gaming Services;
- you will verify any requirements imposed by Gaming Services for its use, as may be amended from time to time;
- you are fully aware that there is a risk of losing money when gaming and gambling by means of the Gaming Services and you are fully responsible for any such loss; and
- your use of the Gaming Services is at your sole option, discretion and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company, its affiliates, its licensors or their respective directors, officers or employees.
- The Site does not provide any advice on the legality of online or offline gambling and that it is your sole responsibility to understand the gambling laws applicable to you in your jurisdiction and to comply with the same.
- Although we provide information related to gaming and gambling, we do not encourage you to participate in gaming or gambling (or betting). Whether you choose to game or gamble is your personal choice.
10. Limitation of Liability
- The Company, its affiliates and their licensors shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third parties’, use or access of the Site or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
- The Company, its affiliates and licensors shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Site nor are they responsible for the content contained on any Internet site linked to from the Site.
- You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Site or the Services.
- By visiting or using the Site or by using the Services, you agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents, licensors, suppliers, harmless (collectively the “Indemnified Parties”) immediately on demand, from and against and all claims, liabilities, proceedings, damages, losses, liabilities, fines costs and expenses of any kind which includes but is not limited to legal fees, arising out of or incurred as a result of: (i) any breach of the Agreement; (ii) your access and use of the Site or the Services (or by anyone else using your username and password); (iii) your violation of any law; (iv) your negligence; (v) your willful misconduct (collectively the “Claims”).
- You hereby agree: (i) to immediately notify us of any Claim; (ii) not to settle any Claim without our prior written consent; (iii) that the Indemnified Parties (as applicable) may assume the defense of any claim and you shall co-operate to all reasonable requests for information and assistance with respect to the Claims.
- You shall have the right to employ separate counsel of any Claim and to participate in the defense thereof.
- In the event that the Indemnified Parties (as applicable) do not notify you that we elect to undertake the defense of the Claim, you shall have the right to defend the Claim with counsel reasonably acceptable to the Indemnified Party, subject to the applicable Indemnified Parties right to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
13. Notification of Copyright Infringement
- We respect the intellectual property rights of others and we require users and visitors of the Site and the users of the Services to do the same. If you believe any User Content on the Site infringes upon a copyright, or otherwise violates your intellectual property rights, you should notify the Company’s Copyright Agent by providing the following information:
- Your name and the name of your company or Subscribing Organization, if applicable;
- Your contact information which must include your full email address, physical address and telephone number;
- Identify the material on the Site that may be an infringement with enough detail so that we may locate it on the Site. You should include the URL that points to the allegedly copyright infringing content include or a detailed description of where to find the allegedly copyright infringing content;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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
- 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.