PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Naughty Poker Rooms SERVICES.
1. YOUR ACCEPTENCE OF OUR TERMS OF USE AND CONDITIONS
Naughty Poker Rooms, Inc (“Naughty Poker Rooms”) welcomes you. Naughty Poker Rooms provides its website, services and software (“SERVICES”) to you subject to the following terms of use and conditions (“T&C”). We may update this T&C from time to time without notice to you. You can review the most current version of the T&C at any time at: http://www.Naughty Poker Rooms.com/terms.aspx. By using the SERVICES you signify your agreement with this T&C. If you do not agree to all the terms of use and conditions in this T&C you may not use the Naughty Poker Rooms SERVICES.
2. DESCRIPTION OF SERVICES
SERVICES includes Internet games, tournaments, leader boards and other website content. You understand and agree that the SERVICES may include advertisements and that these advertisements are necessary for Naughty Poker Rooms to provide the SERVICES. You also understand and agree that SERVICES may include communications from Naughty Poker Rooms such as administrative announcements, newsletters, and service announcements. Unless explicitly stated otherwise, any new feature or service that enhance, augment, or otherwise change SERVICES shall be subject to the T&C. You understand and agree that the SERVICES are provided “AS-IS” and that Naughty Poker Rooms assumes no responsibility for the timeliness, deletion or failure to deliver or failure to store any user communications or personal settings. You understand and agree that our SERVICES require you to become a member to Naughty Poker Rooms (“MEMBER”) and such membership requires further terms and conditions, described herein. Membership is free.
We may award prizes to MEMBERS participating in our SERVICES. There is no purchase necessary to play or win a prize. Further, you understand and agree that participation in programs, services or purchase from any of our sponsors, advertisers or affiliates will not improve your chances of winning. U.S. law and local laws as applicable in each jurisdiction govern this aspect of our SERVICES. SERVICES are strictly for entertainment purposes and may not be used in connection with any form of gambling.
3. GENERAL PROVISIONS
3.1 JURISDICTION
Naughty Poker Rooms is controlled and operated from its U.S. office in Georgia. We make no representation that Naughty Poker Rooms SERVICES are appropriate or available for use in any particular location. Those who choose to access the Naughty Poker Rooms SERVICES do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This T&C shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Forsyth County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
3.2 SEVERABILITY
If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from T&C and shall not affect the validity and enforceability of any remaining provisions.
3.3 AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time.
3.4 TERMINATION
These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Naughty Poker Rooms SERV ICES. We may immediately terminate these terms of use with respect to you (including your access to the Naughty Poker Rooms SERVICES) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Naughty Poker Rooms SERVICES.
3.5 RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Naughty Poker Rooms SERVICES are the copyrighted property of Naughty Poker Rooms or its parent, subsidiary or affiliated companies, licensees and/or third-party licensors. All trademarks, service marks and trade names are proprietary to Naughty Poker Rooms or its parent, subsidiary or affiliated companies, licensees and /or third party licensors. No material from the Naughty Poker Rooms SERVICES may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. .
3.6 CONTENT LINKED TO THE Naughty Poker Rooms WEBSITE
You should be aware that when you are on the Naughty Poker Rooms website, you could be directed to other sites that are beyond our control. There are links to other sites from Naughty Poker Rooms pages that take you outside of our service. For example, if you click on a banner advertisement the click may take you off the Naughty Poker Rooms website. You acknowledge that when you click on a link that leaves the Naughty Poker Rooms website the site you will land on is not controlled by us and different terms of use and privacy policy may apply and you acknowledge that Naughty Poker Rooms is not responsible for those sites. We are under no obligation to disable links from third-party websites.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to the Naughty Poker Rooms website.
3.7 DISCLAIMER
THE MATERIALS IN THE Naughty Poker Rooms SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Naughty Poker Rooms SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found within the Naughty Poker Rooms SERVICES. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Naughty Poker Rooms website or third-party content on our site. We do not endorse any of the merchandise or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
3.8 INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your member name, password and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold Naughty Poker Rooms and its affiliates and officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "INDEMNIFIED PARTIES") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the INDEMNIFIED PARTIES in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
3.9 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Naughty Poker Rooms SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 OUR 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, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Naughty Poker Rooms WEBSITE.
4. ELIGIBILITY AND YOUR OBLIGATIONS
4.1 SERVICES may only be used by Naughty Poker Rooms MEMBERS.
4.2 You may register and become a Naughty Poker Rooms MEMBER by clicking on the applicable link at www.Naughty Poker Rooms.com and follow the instructions. You may participate in some aspects of our SERVICES by providing a limited amount of information including your email address, postal code, birth date and gender and to select an account name and password. In order to participate in SERVICES associated with winning a prize, you must provide additional information including your name and address. If you are a U.S. Resident and, during the course of a calendar year, win prizes valued at more than $599, you will be required to provide to us your U.S. income tax identification number via a secure means.
4.3 A MEMBER must be eighteen (18) years of age or older
4.4 Employees or agents of Naughty Poker Rooms and its respective parent companies, affiliates, subsidiaries, advertising or promotional agencies and any entity directly connected to the development, implementation or marketing of the SERVICES, and the members of their immediate families (spouse, parents, children or siblings) or those persons living in the same household of such individuals are not eligible to become a MEMBER or to win prizes.
4.5 Participation in SERVICES constitutes MEMBER’s full and unconditional agreement to this T&C.
4.6 One (1) membership per person is allowed.
4.7 Use of automated systems (e.g. robots) is prohibited.
4.8 It is the MEMBER’s responsibility to notify Naughty Poker Rooms if his/her email address changes. An MEMBER’s email address may be changed by clicking on the account management link on any Naughty Poker Rooms website page, and following the instructions.
4.9 MEMBERS are responsible for maintaining the confidentiality of their password and account and are fully responsible for all activities that occur under your password or account. You agree that you will ensure that you logout from your account at the end of each session.
4.10 You understand that Naughty Poker Rooms does not control communication to you from other MEMBERS via our SERVICES and, as such, does not guarantee the accuracy, integrity or quality of such communication. You understand that by using SERVICES you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Naughty Poker Rooms be liable in any way for any content contained within MEMBER-to-MEMBER communication.
4.11 You agree not to use SERVICES to communicate to other MEMBERS in any manner that is threatening, harmful, unlawful, abusive, harassing, defamatory, vulgar, libelous or obscene, or that impersonates any person or entity including, but not limited to, a Naughty Poker Rooms official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity. You further agree not to use SERVICES to communicate to other MEMBERS in any way that makes available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation. You further agree not to use SERVICES to communicate to other MEMBERS in a manner that disrupts the normal flow of communication or otherwise act in a manner that negatively affects other MEMBERS ability to engage in real time exchanges. You acknowledge that Naughty Poker Rooms may or may not pre-screen communications via its SERVICES, but that Naughty Poker Rooms and its designees shall have the right, but not the obligation, in their sole discretion to prescreen or refuse any communication available via the SERVICES.
4.12 You understand and agree that Naughty Poker Rooms may access, preserve and disclose your account information and activity if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce this T&C, respond to your requests for customer service or protect the rights, property or personal safety of Naughty Poker Rooms employees, MEMBERS or the public.
4.13 Failure to comply with these T&C will void the MEMBER’s membership with Naughty Poker Rooms and will further render that person ineligible to receive any prize.
5. GAME PLAY
\Our games follow generally accepted game and tournament rules and are further described on the Naughty Poker Rooms web site.
6. SOFTWARE
Please read and agree to these Software Agreement terms and conditions before using the game software on the Naughty Poker Rooms website. Use of the Naughty Poker Rooms software signifies your agreement with these terms and conditions.
7. Fraudulent Activities and System Errors
Naughty Poker Rooms has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Naughty Poker Rooms’s sole determination, you are found to have cheated or attempted to defraud Naughty Poker Rooms or any Naughty Poker Rooms MEMBER in any way, including but not limited to game manipulation and collusion, Naughty Poker Rooms reserves the rights to suspend and/or terminate your MEMBERSHIP.
You must inform us as soon as possible as you become aware of any errors with respect to your account or any calculations with respect to our SERVICES. In the event of any system failure or game error, Naughty Poker Rooms will seek to place all parties in the position they were in before the error occurred. Naughty Poker Rooms reserves the right to declare null and void any SERVICES including, but not limited to game and tournament outcome, due to system failure.
If there is a discrepancy between the result showing on SOFTWARE (as operating on your hardware) and our server, the result showing on our server shall govern the result of the SERVICE. Moreover, you understand and agree that Naughty Poker Rooms records shall be the final authority in determining the terms of your participation in SERVICE, the activity resulting therefrom and the circumstances in which they occurred.
8. POTENTIAL WINNERS
8.1 Verification. All potential winners are subject to verification by Naughty Poker Rooms, whose decisions are final. Naughty Poker Rooms shall solely determine any form of verification. A MEMBER is not a winner of any prize unless and until MEMBER’s eligibility and the potential winning criteria has been verified and the entrant has been notified that verification is complete. Naughty Poker Rooms will not accept screen shots, affidavits or other evidence of winning in lieu of its validation process.
8.2 "Prize Notice" via Email or Mail. Winners will be notified via email sent within approximately one week following the end of the week where MEMBER has won a prize. MEMBERS are responsible for insuring that all mailing and email information is up-to-date and accurate. If prize information is not up to date after ten (10) days past receipt of the prize notice, Naughty Poker Rooms is not obliged to fulfill the prize.
8.3 Prize Delivery. If you are a winner of a Naughty Poker Rooms prize, the prize may be mailed to you at the address you gave to us when becoming a MEMBER, or subsequently updated by you. Naughty Poker Rooms may use this address that you specified to verify your identity or other information you have given us. You acknowledge and agree to provide to us, and maintain with us, an accurate mailing address. If you fail to maintain an accurate mailing address prior to winning a prize, Naughty Poker Rooms is not obliged to fulfill the prize.
8.4 Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner will be selected if (i) he/she does not comply with these T&C or is otherwise determined to be ineligible, (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Naughty Poker Rooms notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Naughty Poker Rooms shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize.
8.5 Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice.
8.6 Release. By participating in this Promotion or receiving a prize, MEMBERS (and in particular, winners) agree to release and to indemnify and hold harmless Naughty Poker Rooms and its related companies, and all of its company's officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to MEMBER or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in the Naughty Poker Rooms SERVICE (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).
8.7 Publicity. Except where prohibited, acceptance of a prize greater than $8.8.constitutes winner's consent to Naughty Poker Rooms and its agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
Modified November 2007