IMPORTANT: READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN TABLEBRAIN CORP. F/K/A ROPTASP CORP AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL OR ENTITY WHOSE COMPUTER YOU’RE USING). IF YOU CLICK THE “I AGREE TO THE TERMS AND CONDITIONS” OPTION OR USE OUR SITE/GAMES/TOOLS (TERM DEFINED BELOW) YOU WILL BE BOUND BY THIS AGREEMENT. YOU ARE NOT REQUIRED TO ACCEPT THESE TERMS AND CONDITIONS BUT, UNLESS AND UNTIL YOU DO, YOU WILL NOT BE AUTHORIZED TO USE THE SITE/GAMES/TOOLS.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (”Agreement”) with respect to our Site/Games/Tools. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site/Games/Tools, the content, the games made available hereon - rules and playable versions of same, tools, features, applications, and the goods, products or services you may acquire and relationships you may establish via content or links on the Site/Games/Tools. This Agreement may be amended at any time by us from time to time without specific notice to or approval by you. The latest Agreement will be posted on the Site/Games/Tools, and by using the Site/Games/Tools you are deemed to have reviewed this Agreement in each instance prior to using the Site/Games/Tools.
2. Copyright and Other Proprietary Intellectual Property Rights.
The content, the games made available hereon – rules, tools, features, applications, and playable versions of same, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site/Games/Tools are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site/Games/Tools, except as expressly allowed for herein, is strictly prohibited. You do not acquire ownership rights to, or any other rights in, any content, document or other materials viewed through the Site/Games/Tools. The posting of information or materials on the Site/Games/Tools does not constitute a waiver by us of any right in such information and materials. Our game concepts and rule-sets and tools are our intellectual property and may only be used under license. The foregoing are owned by TableBrain Corp. f/k/a ROPTASP Corp. which holds rights under trademark, copyright, patent, common-law, moral rights, artist's rights, droit moral and other like laws. Rights in the games and tools and their use may only be acquired through written agreement with TableBrain Corp. Some of the content on the Site/Games/Tools may be the copyrighted work of third parties.
3. Service Marks.
“TableBrain.com”, “TableBrain”, “TableBrain Corp.”, “TableWinner”, “Double Hold’Em”, “Double Texas Hold’Em”, “Selector Hold’Em”, “Doubleholdem”, “EZDouble” ,“TableWinner.com”, “ROPTASP”, and others marks herein are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site/Games/Tools may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (“Grant”) (a) only to access and use the Site/Games/Tools strictly in accordance with this Agreement; (b) to use the Site/Games/Tools solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site/Games/Tools solely for internal, personal, non-commercial purposes and provided that you maintain all copyright, trademark and other policies contained therein. No print out or electronic version of any part of the Site/Games/Tools or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Nothing contained herein shall constitute a representation by TableBrain Corp. that your use of any website that provides for the play of poker or any other game is legally permissible in the jurisdiction in which you are located. Any use of any website is subject to the terms and conditions thereof.
6. Data, Forms, Agreements & Documents
We may make available through the Site/Games/Tools or through other Web Site/Games/Tools, sample and actual forms, information available through links contained on the Site/Games/Tools, data, reconstitution of data (through a tool, replayer services or otherwise), checklists, or business documents (collectively, “Information”). All Content and Materials and Information is provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Content and Materials and Information is provided gratis or for a charge and without any representations or warranties, express or implied, as to its suitability, completeness, currentness, accuracy, and/or appropriateness. THE CONTENT AND MATERIALS AND INFORMATION IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE INFORMATION DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Content and Materials and Information may be inappropriate for your particular circumstances. Furthermore, applicable laws may require different or additional provisions to ensure the desired result.
7. No Advice.
Content and Materials and Information contained on or made available through the Site/Games/Tools is not intended to and does not constitute general advice or recommendations under any circumstance. We do not warrant or guarantee the accurateness, completeness, performance, adequacy or currentness of the Content and Materials and Information contained in or linked to the Site/Games/Tools. Your use of the Content and Materials and Information on the Site/Games/Tools or materials linked to the Site/Games/Tools is entirely at your own risk.
8. Linking to the Site/Games/Tools.
Except as provided below, you may provide links to the Site/Games/Tools, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright or other intellectual property notice(s), or other notices on the Site/Games/Tools, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site/Games/Tools immediately upon request by us.
The Site/Games/Tools may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site/Games/Tools is accurate and complies with applicable laws. We are not responsible for any illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site/Games/Tools may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site/Games/Tools, or any of the Content and Materials and Information contained therein, will be error-free, defect-free, free of viruses or other harmful components, or that defects will be corrected or identified. We do not represent or warrant that the Content and Materials and Information available on or through the Site/Games/Tools will be correct, accurate, timely or otherwise reliable. We may unilaterally make changes to the features, functionality or content of the Site/Games/Tools at any time. We reserve the right in our sole discretion to at any time edit or delete any Content and Materials and Information or other content or materials appearing on the Site/Games/Tools.
12. Third Party Content.
Third party content may appear on the Site/Games/Tools or may be accessible via links from the Site/Games/Tools. We are not responsible for and assume no liability for any mistakes, misstatements of law, breach of applicable law(s), defamation, violations of applicable intellectual property rights, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site/Games/Tools or content of any third party site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information we deem necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site/Games/Tools.
15. Nontransferable Site/Games/Tools Use / Voiding Said Right.
Your right to use the Site/Games/Tools is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. We reserve the right to void your right to use the Site/Games/Tools – subsequent to which you agree to immediately discontinue use of the Site/Games/Tools.
16. Disclaimer and our Limitation Of Liability.
THE INFORMATION, CONTENT, MATERIALS, TOOLS AND DOCUMENTS FROM OR THROUGH THE SITE/GAMES/TOOLS ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, CONTENT, MATERIALS, TOOLS, DOCUMENTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EITHER EXPRESS OR IMPLIED, FOR YOUR USE OF ANY INFORMATION, CONTENT, MATERIALS, TOOLS OR SERVICE, EXCEPT AS EXPRESSLY PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE/GAMES/TOOLS AND THE INFORMATION, CONTENT, MATERIALS, TOOLS, PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE/GAMES/TOOLS OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY A VIRUS OR VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT OR OTHERWISE CONVEYED TO YOU BY THE SITE/GAMES/TOOLS IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site/Games/Tools or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site/Games/Tools or any features thereof, (c) your use of the Site/Games/Tools, (d) the content or tools contained on the Site/Games/Tools, or (e) any delay or failure in performance regardless of whether this use within our control or that of an Affiliated Party. (b) THE AGGREGATE LIABILITY TO YOU BY US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE/GAMES/TOOLS AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 (U.S. Dollars) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (”Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
23. Securities Laws.
The Site/Games/Tools may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site/Games/Tools, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site/Games/Tools and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our filings (potential securities-related filings and otherwise) or documents.
24. Links to other Web Sites.
The Site/Games/Tools contains and/or may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such Web Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked websites on our Site/Games/Tools does not imply approval or endorsement of the linked websites by us. If you decide to leave our Site/Games/Tools and access these third-party Sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you come to believe that your work has been copied in a way that constitutes copyright infringement, you must within seven days of forming this belief (time of the essence) provide us with a writing containing all a the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site/Games/Tools; d. Your address, telephone number, and email address; e. 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; and f. 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. g. Information and Press Releases, if any, concerning the alleged copyrighted work. Absent timely provisioning of the above information, you fully waive said claim. The Site/Games/Tools may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
26. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site/Games/Tools and the Content and Materials and Information provided therein.
27. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, should you make a written request within two weeks of receipt of the goods or services (time of the essence), we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our Site/Games/Tools are sold by third parties or are linked to third party Web site, and we have no responsibility or liability for those products or services.
This Agreement shall be treated as though it were executed and performed in New York, New York, U.S.A. and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site/Games/Tools (and/or any information, documents, content, materials, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in herein. To the extent there is any inconsistency with the limitations set forth herein, the broader understanding of said limitation shall govern. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be assigned by us in our sole discretion to a third party in the event of an acquisition, disposition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site/Games/Tools is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site/Games/Tools operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York U.S.A., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York U.S.A. necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.