1. General
1.1 This agreement governs your use of the BlindBetPoker.com website and
information service (the "Service"), including the message boards (the
"Interactive Areas"). The website (www.blindbetpoker.com) is operated by
BlindBetPoker.com Additional terms and conditions of use applicable to
specific areas of the Service may also be posted in such areas and,
together with this agreement, govern your use of those areas. This
agreement, together with any such additional term and conditions, are
referred to as this "Agreement."
1.2 BlindBetPoker.com reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued use of
the Service constitutes your binding acceptance of these terms and
conditions, including any changes or modifications made by
BlindBetPoker.com as permitted above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should immediately cease
all use of the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material
(collectively, the "Content") that are protected by copyright, trademark
or other proprietary rights of BlindBetPoker.com or third parties. All
Content on the Service is copyrighted as a collective work of
BlindBetPoker.com pursuant to applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions contained in
any Content available on or accessed through the Service. Users of the
Service may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit any of the Content, in whole or in part, except as expressly
permitted in this Agreement. Content consisting of downloadable software
may not be reverse engineered unless specifically authorized by the owner
of the software's patent and/or copyright. You may post on the Service any
Content owned by you (such as your original statements), Content for which
you have received express permission from the owner and Content in the
public domain. You assume all risk and responsibility for determining
whether any Content is in the public domain. You grant to
BlindBetPoker.com the right to edit, copy, publish, distribute, translate and otherwise
use in any medium any Content that you place on the Service without
compensation to you. You represent and warrant that you are authorized to
grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use,
provided that you maintain all copyright and other notices contained in
such Content. You shall not store electronically any significant portion
of any Content. Except as expressly permitted by the copyright laws, no
copying, storage, redistribution or publication of any Content is
permitted without the express permission of BlindBetPoker.com or the
owners of such Content or their authorized persons, if other than
BlindBetPoker.com. You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b)
contains viruses or other contaminating or destructive features, (c)
violates the rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates any right of
privacy or publicity, or (d) otherwise violates any applicable law. You
may not post on the Service any links to any external Internet sites that
are obscene or pornographic or which BlindBetPoker.com deems to be
unacceptable in its sole discretion. You shall not use the Service for any
commercial purpose, to distribute any advertising or solicitation of funds
or goods and services or to solicit users to join competitive online
services.
4. Managing Content
BlindBetPoker.com does not and cannot review the Content posted by users
on the Service and is not responsible for such Content. However,
BlindBetPoker.com reserves the right to delete, move or edit any Content
(including Content posted in any Interactive Area) that it may determine,
in its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all Content posted
by you. BlindBetPoker.com shall have the right, but not the obligation, to
correct any errors or omissions in any Content, as it may determine in its
sole discretion.
5. No Endorsement
5.1 BlindBetPoker.com does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive Area and you
acknowledge that any reliance upon such Content shall be at your sole
risk. Any Content placed on any Interactive Area by users are the views of
the user posting the statement, and do not represent the views of
BlindBetPoker.com
5.2 The Service may contain links to sites on the Internet which are owned
and operated by third parties (the "External Sites"). You acknowledge that
BlindBetPoker.com is not responsible for the availability of, or the
content located on or through, any External Site. You should contact the
site administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External
Sites. BlindBetPoker.com shall bear no liability for any content contained
in any external sites.
6. Indemnity
You agree to indemnify, defend and hold BlindBetPoker.com and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "BlindBetPoker.com
Parties") harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any
BlindBetPoker.com Party in connection with any use or alleged use of the Service
under your password by any person, whether or not authorized by you.
BlindBetPoker.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
0700001 B.C. Ltd's defense of such claim.
7. Termination of
Service
BlindBetPoker.com reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without prior
notice or liability. BlindBetPoker.com may change, suspend or discontinue
all or any aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Interactive Areas),
without prior notice or liability.
8. DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY.
8.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
NEITHER BlindBetPoker.com NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES BlindBetPoker.com, ANY THIRD PARTY CONTENT PROVIDER, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF
BlindBetPoker.com,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER
BlindBetPoker.com NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY
FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU.
8.2 NEITHER BlindBetPoker.com, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.3 BlindBetPoker.com AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS AND LICENSORS
(COLLECTIVELY, THE "BlindBetPoker.com PARTIES") SHALL NOT BE LIABLE UNDER
ANY CIRCUMSTANCES FOR THE CONTENTS OF THE INTERACTIVE AREAS AT ANY TIME
REGARDLESS OF THE NATURE OF SUCH CONTENT AND REGARDLESS OF WHETHER
BlindBetPoker.com. PARTIES ARE NOTIFIED THAT SUCH CONTENT IS OBJECTIONABLE.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of the
Province of British Columbia, and the parties irrevocably consent to bring
any action to enforce this Agreement in the federal or Provincial courts
located in Vancouver, British Columbia. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter
hereof, and supersedes all previous written or oral agreements between the
parties with respect to such subject matter. If any inconsistency exists
between the terms of this agreement and any additional terms and
conditions posted on the Service, such terms shall be interpreted as to
eliminate any inconsistency, if possible, and otherwise, the additional
terms and conditions shall control. Sections 2, 3, 7, 8, 10 and 11 shall
survive any termination of this Agreement as well as any other provisions
which by their terms or sense are intended to survive. In the event of any
dispute between BlindBetPoker.com and any end user, the determination of
BlindBetPoker.com will be final and binding.
