Poker Charts Terms of Service

	1. Acceptance of Terms of Service 

These Terms of Service will govern your use of the Poker Charts website ("Poker Charts"), a service of Speedboat Interactive, LLC. By using any of the tools available on this site, you are indicating your agreement to be bound by these Terms of Service as such terms may be modified from time to time. These Terms of Service govern your use of Poker Charts and all services provided in connection with Poker Charts. If you do not agree to these Terms of Service, please do not sign-up for or enter Poker Charts. Speedboat Interactive, LLC may, at its sole discretion, modify, restrict, change or otherwise alter the Terms of Service in whole or in part or impose limits on certain features or services provided through the Poker Charts or restrict your access to part or all of the Poker Charts without notice to you. Please check these Terms periodically for changes. By continuing to access and use the Service you will be evidencing your consent to, agreement with and understanding of such modifications, change or alteration.

2. Registration Information/Privacy Policy 

Any information provided by you or gathered by Speedboat Interactive, LLC or third parties during any visit to Poker Charts shall be subject to the terms of the Poker Charts Privacy Policy, which is incorporated herein by reference. Speedboat Interactive, LLC reserves the right to offer you third party services and products.

Speedboat Interactive, LLC reserves the right to terminate your Poker Charts subscription if Speedboat Interactive, LLC learns that you have provided false or misleading registration information. 

3. Termination 

Speedboat Interactive, LLC reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access Poker Charts  and/or any other service provided to you by Speedboat Interactive, LLC upon any breach by you of the Terms of Service. 

4. Modifications of these Terms of Service 

Speedboat Interactive, LLC may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Poker Charts, you will be deemed to have accepted any such changes. 

5. Modifications to Poker Charts 

Speedboat Interactive, LLC may modify PokerCharts.com with or without notice to you and without liability to you or any third party. If PokerCharts.com is discontinued for any reason, your subscription will be canceled and all recurring billing will cease. 

6. Subscription and Billing

We will ask for a subscription fee after either 1.) your free trial has ended or 2.) an existing subscription period has ended.  We will NOT bill your credit card, PayPal or Neteller account on a recurring basis unless you explicitly 'opt-in' to do so in the subscription process. Your subscription fee is non-refundable.

8. Content of Messages 

You alone are responsible for the content of your messages, and the consequences of any such messages. Speedboat Interactive, LLC reserves the right to terminate your service if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. 

Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Poker Charts is to be used by you for your personal use only. Commercial uses of Poker Charts are strictly prohibited unless prior written consent from Speedboat Interactive, LLC has been granted. 

You further agree not to use Poker Charts to send or post on message boards or any place on Poker Charts, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Speedboat Interactive, LLC in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Poker Charts. Speedboat Interactive, LLC reserves the right to delete any such material from the site. Speedboat Interactive, LLC will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6. 

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Speedboat Interactive, LLC. You further agree not to use an inappropriate member name of any kind. 

You agree not to post or use Poker Charts to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. 

You acknowledge that (i) Poker Charts permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Poker Charts, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Poker Charts is not protected by Rights rests with you. You acknowledge that Speedboat Interactive, LLC may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. 

By submitting content, which shall include your member name, to any "public area" of Poker Charts, including message boards, you grant Speedboat Interactive, LLC a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Poker Charts retains any and all Rights that may exist in such content. 

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS OR ANY OTHER AREA ON Poker Charts, YOU HEREBY EXPRESSLY PERMIT Speedboat Interactive, LLC TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY Speedboat Interactive, LLC IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED. 

8. Third Party Services 

You may order services or merchandise through Poker Charts from other persons not affiliated with Speedboat Interactive, LLC ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Speedboat Interactive, LLC makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Speedboat Interactive, LLC nor will Speedboat Interactive, LLC be construed as a party to such transactions, whether or not Speedboat Interactive, LLC may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. 

7. Subscription Username and Password 

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Speedboat Interactive, LLC of any unauthorized use of your subscription or password. 

9. Notification of Any Possible Copyright Infringement 

In the event you believe that material or content published on the Poker Charts site may infringe on another's or your copyright, please send a detailed message to us. 

11. Disclaimer of Warranties 

YOU EXPRESSLY AGREE THAT USE OF Poker Charts IS AT YOUR SOLE RISK. Poker Charts IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Speedboat Interactive, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

Speedboat Interactive, LLC MAKES NO WARRANTY THAT Poker Charts SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT Poker Charts  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Speedboat Interactive, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON Poker Charts. Speedboat Interactive, LLC WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF Poker Charts. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Poker Charts IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 

YOU UNDERSTAND AND AGREE THAT Speedboat Interactive, LLC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. Speedboat Interactive, LLC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. 

Speedboat Interactive, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN Poker Charts. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Speedboat Interactive, LLC, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

Speedboat Interactive, LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Poker Charts OR ANY TRANSACTIONS ENTERED INTO THROUGH Poker Charts. 

Speedboat Interactive, LLC IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE Poker Charts SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Speedboat Interactive, LLC with respect to such sites. 

12. Limitation of Liability 

Speedboat Interactive, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Poker Charts OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Poker Charts OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF Speedboat Interactive, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

13. Indemnification 

You agree to indemnify and hold each of Speedboat Interactive, LLC, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Poker Charts, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. 

14. Applicable Law 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering Poker Charts, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York. 

15. Remedies for Breach of these Terms by You 

In the event that Speedboat Interactive, LLC determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Poker Charts, Speedboat Interactive, LLC reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to Poker Charts; (iii) delete all content provided by you to Poker Charts ; (iv) discontinue your subscriptions(s) with Poker Charts; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Speedboat Interactive, LLC deems to be appropriate. 

If your subscription(s) with or ability to access Poker Charts  and/or any other service provided to you by Speedboat Interactive, LLC is discontinued by Speedboat Interactive, LLC due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Poker Charts, then you agree that you shall not attempt to re-register with or access Poker Charts, and/or any other service provided by Speedboat Interactive, LLC through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Speedboat Interactive, LLC reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you. 

16. Miscellaneous 

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. 

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. 

Speedboat Interactive, LLC may assign its rights and obligations under these Terms of Service and upon such assignment Speedboat Interactive, LLC may be relieved of any further obligation hereunder. 

You represent to Speedboat Interactive, LLC that you have the authority to register with or visit Poker Charts according to these Terms of Service. Speedboat Interactive, LLC does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to Poker Charts services. 

All content, images, and tools contained in the Poker Charts web site (http://www.PokerCharts.com) are copyright (c) Speedboat Interactive, LLC. The content presented herein may not under any circumstances be distributed in any way or form without prior written permission from Speedboat Interactive, LLC.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Poker Charts) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Speedboat Interactive, LLC, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
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Poker Charts

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Poker Charts Terms of Service
