TERMS OF USE

As of August 31, 2005

By accessing the web site at theppa.org, You agree to all of the terms and conditions contained in the Terms of Use set forth below and the accompanying Privacy Policy. If you do not agree to be bound by these Terms of Use and the Privacy Policy, you are not authorized to use or access this web site.

1. Acceptance of Terms of Use

The terms of use (“Terms of Use”) constitute a legally binding contract between you (“You” or “Your”) and the Poker Players Alliance (“PPA” “We,” “Us,” or “Our”). This agreement governs Your use of the web site at pokerplayersalliance.org, including all interior pages and elements of the site (collectively, the “Site”). We reserve the right to modify these Terms of Use at any time. If We modify these Terms of Use, You agree that Your assent to the modified terms is established if you continue to access the Site after the modified terms of use have been posted to this Site or You continue Your membership in the PPA.

3. Prohibited Conduct

In connection with Your use of the Site, You are prohibited from:

  1. Making any false, misleading, fraudulent, illegal, injurious, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous statements;
  2. Infringing any third party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, and rights of publicity;
  3. Transmitting any e-mail or uploading any content that contains viruses, worms, Trojan horses, or any code that is intended to or that may interrupt, interfere with, intercept, corrupt, destroy or limit the functionality of computer software, hardware or data;
  4. Impersonating any person or entity;
  5. Attempting to gain unauthorized access to the Site or another user’s account on the Site;
  6. Using any means to monitor, copy, or collect any information or content contained on the Site without Our prior express written permission.

4. Ownership of Content

PPA owns copyrights in all content on the Site (including, without limitation, the text, photographs, illustrations, design, video, audio, and the look and feel) (“Content”). You may not copy, distribute, publicly display, or create derivative works based on, any Content on this Site without the prior express written permission of PPA. You agree to provide a non-exclusive, perpetual, royalty free license to PPA to use any information or other content that you voluntarily submit to PPA for use on the Site.

5. Links to and from Other Web Sites

The Site contains links to and from web sites owned and operated by third parties that are not affiliated with PPA. The existence of any links from PPA’s Site to or from other web sites does not constitute an endorsement or approval of such other sites. You agree that PPA is not responsible in any manner for any loss, damage or claim arising from or relating to Your use of sites that link to or from PPA’s Site.

6. Disclaimer of Warranties

  1. PPA PROVIDES THIS SITE “AS IS.” PPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  2. PPA SHALL NOT BE RESPONSIBLE FOR ANY LOSS, CLAIM OR DAMAGE THAT IS DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT ON THIS SITE.
  3. PPA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE LEGALITY OR ILLEGALITY OF ANY OF THE ACTIVITIES DISCUSSED OR REFERENCED ON THIS WEB SITE.

7. Limitation of Liability

PPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE. YOU AGREE THAT PPA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU PAY TO PPA FOR MEMBERSHIP IN THE PPA. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.

8. Indemnification

You agree to indemnify, hold harmless and release PPA (and its respective members, employees, officers, directors, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use or misuse of the Site and any Content contained therein.

9. Changes to the Sites

PPA reserves the right to modify, suspend or discontinue all or any portion of the Site at any time without notice.

10. Breach; Termination

PPA may, in its sole discretion and with or without any prior warning or notice, suspend or terminate Your membership if PPA concludes, in its sole discretion that, You have breached these Terms of Use. You agree that PPA shall not be liable to You or any third party for any termination of Your access to the Site. 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.

11. Arbitration

Any controversy or claim arising out of, or relating to, these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Clark County, Nevada. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

12. Governing Law

These Terms of Use shall be governed by the laws of the State of Nevada.

13. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.