CLUBGG TERMS OF SERVICE
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. Please see Section 9(d) below for information on how to play without becoming a paid Member.
This agreement, including addendums, (collectively referred to as the "Agreement") is between you ("Member") and NSUS Group Inc ("us", "we" or "Company"), and governs your use of the Standard and Platinum Memberships (“Memberships”) on www.clubgg.net (the “Site”). Read the following terms before using or installing any software (the “Software") accompanied by this Agreement.
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, MEMBER EXPRESSLY AGREES TO AND UNCONDITIONALLY CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. If you do not agree to all of the terms of this Agreement, you will not be allowed to access the "Site" (as defined below), and/or access, use or install any part of the Software or enter or play in any of the poker tournaments offered by the Site (“Site Tournaments”). Before accessing the Site or using the Software, please review the related Privacy Policy, located at https://www.clubgg.net/privacy, which is incorporated herein by this reference.
1. LICENSE AGREEMENT.
We grant to Member a non-exclusive and limited license to use the Software, subject to the terms of this Agreement, for a term of three (3) years from the date of this Agreement. We reserve the right, from time to time, in our sole discretion, to modify, change, update, discontinue, remove, revise, delete or otherwise change any portion of the Site (as defined below) or this Agreement, in whole or in part, at any time without notice and Member shall periodically review this Agreement and any other terms and conditions posted at the Site at a rate not less than once per month. For changes to this Agreement that we deem material, we will place a notice on the Site by revising the link on the homepage to read substantially as "Updated Terms of Service" for up to three (3) weeks or some other amount of time that we determine in our discretion. If you participate in any games, open, use or reuse the Software, enter the Site, or accept any prize in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement. The term of this Agreement will be automatically extended for three years from the date you receive any Software upgrades or subsequent Software versions. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.
2. LICENSE RESTRICTIONS. You may not:
a. permit other individual(s) to use the Software unless such other individual(s) agree to accept the terms of this Agreement;
b. modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software;
c. copy the Software;
d. rent, lease, transfer, sublicense or otherwise transfer rights to the Software;
e. remove any proprietary notices or labels on the Software, including the code underlying the Software; or
f. use the Software for any reason other than your private use. Commercial use is expressly prohibited.
3. LIMITATIONS ON USE.
You agree that you will use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software. We assume no responsibility for the actions by you, the Member. You acknowledge that if we are unable to determine where the Software is being used, that we may rely upon your representation and express acceptance of this restriction by clicking where indicated, and that you will only use the Software for free play.
Company makes no representation that the Software and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Software from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Residents of countries currently subject to United States embargo or on the United States list of state sponsors of terrorism are not permitted to access and/or use the Software.
We are not responsible for claims, losses or damages resulting from any play under any condition. Members are playing against each other and not against us. Play at this Site is at the sole option, discretion and risk of the Member. You are solely responsible for your interaction with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. Member is also responsible for maintaining the secrecy and security of his/her account passwords and other personal security information. We are not responsible for the unauthorized use of your, the Member's, account or any losses that may result, of such unauthorized use. You accept responsibility for all activities that occur under your account and agree you will not sell, transfer or assign your account. We may, in our sole discretion, and at any time, with or without notice, terminate your account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
4. LIMITED WARRANTY.
We do not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. We warrant to Member that the Software will operate for purposes of normal use for a period of sixty (60) days from the date of this Agreement. In the event that this warranty is breached, our only obligation under this Agreement and Member's sole remedy is, at our option, to (a) have us replace your Software with new Software supplied by us; or (b) terminate this Agreement.
5. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us as follows:
a. You have read and you understand this Agreement.
b. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions
contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any
provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon
your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
6. SEVERABILITY.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.
7. FREE PLAY ONLY.
The Site does not permit Members to wager real money and has no ability to accept deposits for Site Tournaments as it is a "free play" site only. Site Tournament tickets in Members' accounts have no monetary value and cannot be exchanged for anything of value and cannot serve as a medium of exchange. Any and all references in the Site to "pots," "limits", "betting" or the like are solely for instructional or illustrative purposes and do not involve wagering real money.
8. CHAT POLICY.
We strive to maintain a friendly and pleasant atmosphere for our Members. While we cannot be held responsible for the conduct of any Member, we do reserve the right to refuse use of our Site to anyone who violates our code of conduct. The following is deemed inappropriate conduct:
a. Collusion with another Member of any sort or any other form of cheating.
b. Agreeing to take any action when there is another Member all-in.
c. Telling anyone your down cards before a hand is complete.
d. Needlessly stalling the action in a game.
e. Selling Tournament tickets for cash.
f. Attempting in any way to induce a Member to leave a game to play in another.
Members conducting chats that are deemed inappropriate or abusive (in Company’s sole discretion) may have chat privileges revoked temporarily or permanently. This behavior includes (but is not limited to):
a. Verbally threatening any Member or employee or using profanity or obscene language.
b. Making statements that could unfairly influence the action in a game (e.g., telling a Member he has made the wrong hand).
c. Chatting in any language other than English during game play (trivial exceptions will be made).
d. Begging other Members for Site Tournament tickets.
e. Advertising websites or other commercial services.
f. Typing words, characters or phrases that make it difficult for others to use the chat feature.
g. Spamming tables with announcements the Company deems inappropriate.
h. Coaching Members or suggesting how others should play their hand with respect to another Member’s hands.
Management reserves the right to make decisions regarding any Member’s chat behavior in its sole discretion. The decision of our management is final. When reporting Member behavior that violates our code of conduct or reporting game concerns to Member services, Members should include table and hand numbers to indicate when and where the violation or problem took place.
9. PLATINUM MEMBERSHIP AND SUBSCRIPTION FEE.
a. We charge fees for Standard and Platinum Memberships. All Members receive certain membership benefits, which may vary from
time to time, including, digital assets, discount coupons, and special offers. These are benefits that are not available to basic
members and visitors to the Site. All Members will also have access to play in Site Tournaments and participate in related
activities without having to complete mail-in registration. We reserve the right in our sole discretion to substitute, modify or
terminate specific member benefits. Please check "Membership Rewards" for current member benefits. You have no right to a
specific member benefit.
b. Standard and Platinum membership is monthly. ALL MEMBERSHIP FEES ARE PAYABLE IN ADVANCE. PLATINUM MEMBERSHIPS
ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
c. We reserve the right to change the fees or billing methods at any time. Notice of any change will be posted at least thirty (30) days
in advance of the change. You are responsible for reviewing the billing requirements to obtain timely notice of such changes.
Continued use by you of the Site thirty (30) days after posting of the changes constitutes acceptance of such changes. If you
decide to cancel your Membership, which you can do at any time up to five (5) days before the next billing period without being
billed for the next period, we will not refund any fees accrued to your account before you canceled. In our sole discretion, we
allow you a grace period to remain a "conditional Member". As a conditional Member, you will have up to six (6) days after
expiration of your Membership to renew your Membership by paying the amount then due. During the grace period you will be
eligible to play in tournaments but will not be eligible to claim any prizes won through play in a Site Tournament if you do not
renew your Membership during the grace period.
d. You do not need to become a Platinum or Standard Member to participate in tournaments. Alternative means of tournament
entry. OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into Site Tournaments, an
individual must:
1. Register as a free, basic member and download and install the Software; and
2. For each period that you want to participate in Site Tournaments, each basic member must send a 3 inch x 5 inch card on
which the basic member has legibly handwritten their Username, First and Last Name, Complete Mailing Address (e.g. Street,
City, State, ZIP code), Email Address, and Date of Birth, and which Membership type you would like to have (each, a "Mail-In
Registration"). . Each Mail-In Registration must be placed in a single separate envelope, and mailed to Account Manager, 848 N.
Rainbow Blvd, Unit #8179, Las Vegas, NV 89107. Multiple Mail-In Registrations in a single envelope are not acceptable. If
multiple Mail-In Registrations are sent in a single envelope only one Mail-In Registration, which will be chosen in our sole
discretion, will be processed. No metered mail will be accepted. No photocopies, reproductions or facsimiles of the 3 inch x 5
inch card are allowed. The usage of a service to provide the production of the 3 inch x 5 inch card will not be allowed.
3. For each individual Mail-In Registration, the basic member will be given a 30-day period to participate in Site Tournaments.
The period will begin on the Monday following the day the Mail-In Registration is processed. Limit one Mail-In Registration per
person, per 30-day period. For clarification and the removal of doubt, once your 30-day period to participate in the Site
Tournaments expires, you will need to submit a new Mail-In Registration in order to obtain a new 30-day registration. We are
not responsible for any lapses in registration.
4. Approved Mail-In Registrations will have access to any Site Tournaments on the Site. Site Tournament tickets accumulated
during previous periods will remain with the basic member’s account.
5. We will post a listing of all upcoming Site Tournaments in the game lobby. The game lobby is viewed by accessing the Software
and clicking on the tournament game links.
6. We shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail. We will
advise you of your eligibility dates by email. The odds of winning any prize in a Site Tournament will be the same by mail in
entryas by an entry in a Site Tournament because of the player’s online Platinum Membership on the Site. The odds of
qualifying through a qualifying Site Tournament will be the same by mail in entry as by online Platinum Membership, and all
participants entering through this means will be accorded equal opportunities to participate and win in Site Tournaments held
on the Site and will the number of Tournament Site entry tickets will depend on the number of entrants in the qualifying Site
Tournament.
10. MEMBER ELIGIBILITY AND PRIZE CLAIMS. Subject to State and Local Laws.
a. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or
from which you access the Software and/or the Site. Access to the Software and/or the Site may not be legal for some
Jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering systems designed to
limit access from known ineligible Jurisdictions. It is your responsibility to comply with law in your jurisdictions. We do not make
any representation or warranty, express or implied, as to the lawfulness of your participation in the Site Tournaments, or that
materials on the Site are appropriate for your use. The information contained herein does not constitute an offer, solicitation or
invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further
reserve the right to require you to provide proof that you are eligible to participate and win prizes in the Site Tournaments prior
to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access
to any potential participant.
b. For persons within the United States, to open an account and/or participate in any tournament offered on the Site, you must:
1. be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
2. be a U.S. citizen or resident alien with a U.S. address;
3. be physically located within the U.S.; and
4. be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
c. For persons NOT within the United States, to open an account and/or participate in any tournament offered on the Site, you
must: be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration
form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR
RESTRICTED BY LAW.
The legality and regulation of the Site Tournaments is governed by each individual State and Territory in the United States,
Canada, and Australia..
d. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any Site Tournament offered
on the Site while located in a Prohibited Jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of
Service and will be subject to having your account suspended or terminated, and you will NOT BE ELIGIBLE to claim any prizes
won and your membership fees may be refunded. However, if we determine that you made a deliberate effort to avoid these
rules, then, in our sole and absolute discretion we may refuse to refund your membership fee. For purposes of this Agreement, a
“Prohibited Jurisdiction” shall include, but not be limited to, the following States and Territories in the U.S., Canada and
Australia:
* The U.S. States of Georgia, Hawaii, Minnesota, Mississippi, Montana, Oklahoma, South Carolina, South Dakota and
Washington.
* The Canadian Province of Quebec
* The Australian states and territories of New South Wales, Northern Territory, South Australia and Australian Capital Territory.
e. Mail-in entry for Site Tournaments is not available to residents of states in which Site services are not available.
f. The following persons are also ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its
parent companies, subsidiaries, and affiliated companies; and any other person with access to non-public information regarding
the operation of any tournament offered on the Site.
g. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially
available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal
age to participate in the Site Tournaments in the applicable Jurisdiction, whichever is higher.
h. Our employees, officers, directors, and their immediate family members are not eligible to participate in any of the tournaments
on the Site. For purposes of the foregoing "immediate family" means parents, grandparents, spouses, children, siblings or any
members of the same households of such employees, officers, and directors.
Only eligible members may claim prizes.You may be required to execute an Affidavit of Eligibility, a Liability Release and (where
imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") to claim a prize. In order to claim
and receive your prize, you will need to provide us with certain information relating to identity, residency and age (please note
that you will only have to verify your eligibility once unless you change the address of your residence) in order to verify your
eligibility to claim a prize. The following forms of identification are acceptable as proof of identity and age:
* Valid Driver’s License
* Valid Passport
* Valid National/State/Provincial ID
You must submit a copy of the above proof on the app. My Account > Verify ID
You will be sent a notification via the Site app notifying you of any unfulfilled requirements, or if you have been declared
ineligible to receive a prize.
We may declare a prize forfeited, in our sole and absolute discretion for any of the following reasons:
i. A prize is undeliverable.
ii. A prize notification is undeliverable.
iii. The required documents are not submitted by the Member in a timely manner.
iv. A Member is not in compliance with any of the provision of this Agreement as determined by us in our sole and absolute
discretion.
11. RIGHT TO CANCEL OR MODIFY SITE TOURNAMENT SCHEDULE OFFERED.
No warranty or representation is made that the prize pool will consist of a specific amount or number of tournaments or kind of tournaments. We reserve the right, in our sole discretion, to modify the tournaments, kinds and types of games offered and the scheduling of all games and tournaments. If we, IN OUR SOLE DISCRETION determine that operating the Site Tournament IN WHOLE OR IN PART is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in one or more of the tournament contests, then we may cancel OR MODIFY all or any of the tournaments and we shall owe you nothing. You understand and acknowledge that as a Member, you are receiving benefits of membership exclusive of the opportunity to participate in Site Tournaments and that you may terminate your membership in accordance with this Agreement. We hereby represent, and you acknowledge, that Membership fees do not fund the tournament prize pools of the Site Tournaments.
12. PRIZE SUBSTITUTION.
We reserve the right to provide substitute prizes or cash value in the event that we or the vendor are unable to meet reasonable delivery requirements or in the event that a tournament winner is located outside the continental United States. See general list of tournament prizes.
13. TRAVEL PRIZES.
Any player who wins a prize which requires travel will be required to provide his or her own transportation to the specified city. We are not responsible for any damage, injury or other liability incurred in connection with any travel or tourism.
14. TAXES
You are solely responsible for understanding and complying with the tax law that may apply to you based upon your activities on the Site, including your receipt of any prizes from the Site. We do not provide advice regarding the tax laws that may apply to you, and you hereby agree not to construe any communication from the Site as tax advice. Furthermore, you agree that we are not a financial institution, and you will not receive any interest on any prizes awarded to you.
15. PROMOTIONAL ACTIVITIES.
By registering for an account, you agree that we may display, publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, in any and all languages, your name, username, prize winnings, tournament records, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation. You agree to execute such releases as we may require for this purpose. If requested, prize winners agree to wear our branded clothing for the duration of any applicable TV events and tournament or any other part of a tournament or promotion that is recorded for television.
16. REGISTRATION.
a. Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to us that:
1. you are at least eighteen (18) years of age, or the legal age to participate in a Site Tournament in the applicable Jurisdiction,
whichever is higher;
2. your access to the Software and/or the Site, your participation in Site Tournaments , and our offering and operating the Site
Tournaments are legal in your applicable Jurisdiction;
3. the e-mail address submitted by you is owned or controlled by you; and
4. all information you provide is true, accurate, current and complete.
All such representations and warranties are relied upon by us.
b. By applying for registration, you authorize us to make any and all inquiries as we in our sole discretion consider necessary to
verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as we
may require, at any time. We reserve the right to suspend and/or terminate your registration and/or account if we have grounds
to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the
responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
c. Changes to Your Account. In the event of changes to any of your personal account details or other financial information relevant
to your account, you must inform us immediately by sending an e-mail to support@clubgg.net.
d. One Account Only. You may only register one account for yourself. You hereby acknowledge and agree that you shall not register
more than one account for yourself. If it is determined that you have registered more than one account, then you acknowledge
and agree that you shall not be eligible to win any prizes and you may be excluded from play.
17. BILLING.
a. By completing the Standard or Platinum Membership registration, you authorize us to charge applicable recurring Membership
fees ($9.99/month for Standard Membership, $49.99/month for Platinum Membership) to your designated payment method
Members are billed on a calendar-month cycle, which begins upon Membership registration (or at the end of a limited free trial
period, if applicable to a promotion that you joined through) and ends one calendar month thereafter. The date you are billed is
the same date each month. That date is determined by the date the account is first billed. If that day of the month does not exist
in a subsequent month, then the payment will be made on the first day of the following month and will stay permanently on that
day. (For example, if a player started his subscription on January 31, then his next payment date would be March 1 and then
April 1, etc.).
b. If you do not cancel before the end of the period, we will automatically renew your Site membership payment plan at the end of
the period and you will be billed according to the plan you are currently on.
c. You are responsible for reviewing the terms and conditions section to obtain timely notice of such changes. Continued use of the
Site and/or Software thirty (30) days after the posting of any changes means that you accept such changes. If you decide that
any change is unacceptable, you may cancel your Membership. To cancel your Membership log in to the game client and go to the
My Account area for cancellation instructions. You can cancel your Membership at any time.
18. ACCOUNT IDENTIFIERS.
a. Secrecy Obligation. Once you have selected and been allocated a unique username and password ("Identifiers"), it is your
responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain
areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately
notify us by sending an e-mail to support@clubgg.net, whereupon new Identifiers may be selected and allocated and any future
transactions under the previous Identifiers may be voided, at our sole discretion. Without limiting the foregoing, any
transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified
us as provided herein) will be treated as valid.
b. No Transfer. Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party,
including without limitation any person under the legal age, to participate in Site Tournaments , and in no event allow or permit
any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach
the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located
and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may
be reported to the relevant authorities.
c. You Are Responsible. You agree to be solely responsible for all use of the Site and the Software (including without limitation
participation in Site Tournaments ) through the use of any of your Identifiers (except where you have notified us as provided
above) and you agree to indemnify and hold us harmless, along with our parent company, affiliates, managers, agents and
directors, licensors and licensees, and our and their respective officers, directors, employees and contractors for any and all
claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
19. SITE USE.
a. Services May Change or End. We reserve the right, in our sole discretion, at any time and without notice to you, to add, alter or
discontinue services offered on the Site without creating any obligation to you.
b. You Must Obey Guidelines and Rules. When using the services on the Site or the Software or playing in Site Tournaments, you
agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time
to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that
all computer instructions and responses sent over the Internet to and from us and/or through use of software will be binding on
you. Your commercial use of the Site is strictly forbidden. See Rules of the games offered.
c. Telecom and Access Fees. You are solely responsible for obtaining access to the Site and/or the Software and that access may
involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely
responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must
provide and are solely responsible for all equipment necessary to access the Site and/or the Software.
d. Odds, Risk and Fair Play. You acknowledge and agree that the Site Tournaments are skill-based contests[1] that measure your
ability to play poker and manage risk against the skills of others over the period of a month and that you are only able to derive a
long-term profit from this entertainment endeavor if you have a greater level of skill in the game of poker than the other players
on the Site. The chance of winning a prize in any one Site Tournament depends on the number of the players and level of poker
skill of the players participating in such tournaments; precise odds of winning a cash prize are therefore unavailable.
e. Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt
the operations of the Site or any particular Site service or contest. If we believe in our sole discretion that you have engaged, or
attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to
otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may
otherwise be entitled, and we reserve the right to take any legal action against you that we deem appropriate.
f. Behavior & Responsibility.
i. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any website or use of any portion of the Site for
any commercial purposes.
ii. You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros,
and/or programs, LAN play, or engaging in team play on the Site. You acknowledge and understand that any attempt to
participate in the Site Tournaments by means of automatic, macro, programmed, or similar methods, or to otherwise commit
fraud, will result in civil action and/or referral to law enforcement for criminal prosecution, termination of your account, and
forfeiture of all prizes to which you may otherwise be entitled.
iii. You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time-to-time at
our sole discretion.
iv. You agree that we are not liable for any loss caused by any unauthorized use of your credit card or checking or savings account
by a third party in connection with any of our sites or any third-party sites.
v. Any attempt to defraud us through the use of credit cards, checking or savings accounts, or any other form of payment,
regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination
of your account, forfeiture of any prizes to which you are otherwise entitled, civil action and/or referral to law enforcement for
criminal prosecution.
vi. You agree that we are not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or
other unauthorized access or use of the Site or your account.
vii. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom and may
not allow any other person to access your account, access any of our websites, accept any prizes, or participate in any services
using your account information. Your account is not transferable to any other person. By registering and/or participating in
any services offered on the Site, you agree to indemnify, defend, and hold us harmless from or for any claims, liability,
damages, and/or costs (including attorneys' fees) arising from any use of your account by any person. You agree to never
transmit data, conversation, or any other information that may (i) be defamatory or offensive, (ii) be slanderous, (iii) be rude,
(iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) be deemed
generally unacceptable behavior in our sole discretion.
g. Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to
computer software. If you become aware that the Software contains any error, or is incomplete, you shall immediately notify us
by e-mail at support@clubgg.net. You agree to refrain from taking any advantage whatsoever of that error or incompleteness
and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all
associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our
sole discretion, the result of a system error or malfunction.
h. Verification. Whenever we request additional verification, proof or documentation from you, including without limitation a copy
of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of
communication specified by us. Such materials will become our property and will not be returned to you.
i. Interruption of Play. We shall not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown,
malfunction, disconnection from or interruption of electronic or mechanical equipment, of telephone, internet connection or
other communications facilities, or due to any denial of service (DDOS) attack or other malevolent external interferences with our
site or any other causes over which we or they have no direct control.
j. System Errors. In the event of systems, technological or communications failure or errors relating to the generation of any result,
bet settlement or any other element of the Game or the Website, we will not be liable to you because of any such errors and we
reserve the right to void all Games in question.
20. SITE TOURNAMENT DISCONNECTS AND SITTING OUT POLICY
a. By participating in a Site Tournament, you accept the risk of internet disconnection, due to problems with the connection
between your device and the servers, lag or freeze or some other problem in the player’s device(s) or how that device accesses the
internet.
b. We do not accept any responsibility for a player disconnect except in the case of a server crash. Each user is responsible for his
or her own internet connection. In the event of a server crash or system malfunction in the middle of running a Site Tournament,
we will make reasonable efforts to reinstate the tournament ticket used by you to enter such tournament.
c. If a player times out during a hand, whether connected or disconnected, his or her hand will be folded if facing action or may be
checked if facing no action.
d. If a player is not connected before a hand starts, he or she will be dealt cards, and a blind and/or ante will be posted. There is no
rule against a single player choosing to sit out; the player doing so will continue to have blinds and antes posted and cards dealt.
21. TERMINATION.
You understand and agree that Company may, in its sole discretion and at any time, terminate your password and/or account, cancel accumulated Site Tournament tickets, alter the amount of Site Tournament tickets in your account, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Company shall not have any liability to you or any other person for any termination of your access to the Site, the Software and/or the removal of information concerning your account. Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Company. Upon termination of your membership or access to the Site, or upon demand by Company, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Nothing contained in this Agreement shall limit Company in its exercise of any legal or equitable rights or remedies.
22. THIRD PARTY WEBSITES.
a. Other Sites Are Not Our Responsibility. This Site may link you to other websites that may contain information or material that
some people may find objectionable. These other websites are not under our direct control and you acknowledge that we are not
responsible for the accuracy, copyright and trademark compliance, legality, decency or any other aspect of the content of such
websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services
available on or through any such website.
b. Future Marketing. You hereby acknowledge and agree that we and/or our affiliates, licensors and licensees may market products
and services to you in the future.
23. PROPRIETARY RIGHTS.
a. Intellectual Property. You acknowledge and agree that all content and materials available on the Site are protected by
copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks,
service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the
respective owner. Except as expressly authorized in writing, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single
computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary
notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
b. License. You are hereby granted a personal, non-transferable and non-exclusive right and license to use any necessary software
used in connection with the Site services on any single computer at any given time, provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without
limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than
through the interface that is provided by us for use in accessing the Site.
c. DMCA. If you are under the good faith belief that any content appearing on the Site has been copied in a way that
constitutescopyright infringement under U.S. Copyright law, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse. You may forward the following information to Company: (i) information reasonably sufficient to permit us to contact
you, such as your name, address, telephone number, and email address; (ii) identification and description of the copyrighted
work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a
representative list of such works; (iii) the exact URL or identification of the material that is claimed to be infringing; (iv) a
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or
the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf. Company's address is as follows: NSUS Group Inc,
Attn: Legal Affairs,2 Sheppard Ave. East Suite 700 North York ON M2N 5Y7, Canada; email: support@clubgg.net. By this filing,
Company does not necessarily stipulate that it is a service provider as defined in 17 USC section 512(c) or elsewhere in the law,
but merely seeks to preserve any and all exemptions from liability that may be available under the copyright law. If you believe
in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company
a counter-notice pursuant to the statutory requirements imposed by the DMCA. If Company receives a proper notification (or if
Company believes in its sole discretion) that any materials submitted or posted by you allegedly violate another person's or
entity's rights, Company reserves the right to withdraw and remove the affected material from its Site, at any time in our
absolute discretion. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that
there can be penalties for false claims.
24. NO WARRANTY.
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON
INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR
AFFILIATES, OUR SUBSIDIARIES AND OUR LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE
OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
DOWNLOAD.
b. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
c. WE DO NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL
MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, ON BEHALF OF OURSELVES, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES AND
OUR LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE
WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED;
OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD.
25. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENT COMPANY, OUR AFFILIATES, OUR SUBSIDIARIES OR OUR LICENSORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
26. SOLE REMEDY.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
27. INDEMNITY.
You agree to defend, indemnify and hold harmless Company, our parents, our affiliates, our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and our licensors from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to our websites; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
28. GOVERNING LAW/JURISDICTION.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR COMPANY IN CONNECTION WITH THE SITE, THE SOFTWARE AND THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTIONS LAWS.
29. MANDATORY ARBITRATION.
In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Scranton, Pennsylvania, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration.
30. WAIVER OF CLASS ACTION RIGHTS
By agreeing to this Agreement, you hereby waive any right to participate in, be a member of, or to serve as a representative for any class action proceeding with regard to any claim(s) you may have or assert against us. An arbitrator(s) shall not conduct a class arbitration or any other class proceedings.
____________________________________________________________________________________________________________________________________
[1] It is possible that the Site Tournaments could be deemed to be “sweepstakes” under the laws of one or more U.S. states. As a result, these Terms and Conditions comply with those applicable requirements for offering and operating sweepstakes in those jurisdictions.