1. APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1. For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with the Company as a registered user or not. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3. No one under the age of 18 (“Legal Age”) may access or use the Site under any circumstances and any person of not Legal Age who accesses or uses the Site shall be deemed to be in breach of the terms of this Agreement. Use of the Site by someone not of Legal Age and anyone who facilitates the use of the Site by someone of not Legal Age shall be prohibited from the Site. The Company reserves the right to request proof of age at any stage and to verify that persons not of Legal Age. The Company further reserves the right to exclude any User from using the Site if proof of age is not provided when requested or if the Company suspects that a person using the Site is not of Legal Age.
1.4. The Company may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of The Company.
2. USERS GENERALLY
2.1. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the “Content“) for the purpose of reselling or re-distributing the Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Company, or otherwise commercially exploiting the Content. Systematic retrieval of Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2. Some of the Company Content displayed on this Site is provided or posted by third parties (“Third Party Content“). Neither the Company nor any of our affiliates, directors, officers or employees has entered into any agency relationship with such third parties by virtue of the Company’s display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third Party Content. In addition, The Company is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
2.3. The Company may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that the Company has no control over such third party’s website, does not monitor such sites, and The Company shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
2.4. Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.5 below.
2.5. The Company reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall the Company be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.6. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by the Company and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.7. We urge that you read the Company’s Privacy Policy which governs the protection and use of each User’s information in the Company’s possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that the Company may change the Privacy Policy from time to time provided that The Company shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
3. USER GENERATED CONTENT
3.1. The Site may provide a forum for User-generated content. The Site may also from time to time include competitions which give User the opportunity to submit User-generated Content, materials or other works. As User, You acknowledge that the Site cannot check the Content and accordingly the Site does not take any responsibility and does not assume any liability whatsoever for all or part of the Content that you or any other User or third party post on or send to or upload via the Site.
3.2. No agency relationship is created between any User and The Company, our affiliates, directors, officers or employees by virtue of the Company’s display of any of the User’s information on the Site.
3.3. Each User hereby represents warrants and agrees to (a) provide the Company with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to The Company to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
3.4. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to the Company or authorizes the Company to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
3.5. Each User hereby represents, warrants and agrees that information submitted to the Company for display on the Site shall not:
• contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
• be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; • relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
• violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, libelous, unlawfully threatening or unlawfully harassing;
• be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
• solicit business from any Users in connection with a commercial activity that competes with the Company;
• contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
• otherwise create any liability for the Company or its affiliates.
3.6. The Company reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject the Company to liability, violates this Agreement or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, The Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and the Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against The Company for such disclosure. In connection with any of the foregoing, the Company may suspend or terminate the usage of the Site by any User as the Company deems appropriate in its sole discretion.
4. USER CONDUCT
4.1. As User, you alone are responsible for all the Content of your transmission to the Site and the resulting consequences. You agree to not use the Site to:
• Transmit any Content to the Site whose reproduction would mean a violation of copyright or other intellectual property rights of a third party.
• Use any offered online service of the Site for pornographic, immoral, dishonest or illegal purposes. The use of the Site offered for publishing or other circulation of material with pornographic, punishable, libelous or other dishonest or illegal content is prohibited. Equally, the circulation of material of anti-constitutional, extremist and/or forbidden groups is prohibited. The disregard of this Agreement by you or a third party, who has used the Site with your permission, may lead to your immediate disqualification from use of or access to the Site. The Company reserves the right to claim for compensation on an indemnity basis in connection with violation of the Agreement.
• Run any advertising or send any chain letters.
• Send Content to the Company which contains software, applications, programs or “viruses” which damage or limit the functionality of the hardware or software of the Company or that of other User.
• Give false or unclear information or register oneself under a false identity when registering. • Defame or in any other way harass other User.
• Attempt to gain unauthorized access of the Site, nor to any data, network or system whatsoever.
• Interfere with the Company’s network comprising the Site.
• Conduct activities which violate the privacy or property rights of others.
• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• Harm minors in any way.
4.2. The Company reserves the right to (i) temporarily or permanently disqualify Users who infringe the law, this Agreement or for any other reason which the Company considers to be a serious abuse of the Site, and (ii) remove Content from the Site.
5. LIMITATION OF LIABILITY
5.1. The features and services on the Site is provide on an “as is” and “as available” basis, and the Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness or fitness for a particular purpose. All such warranties, representations, conditions, representations, conditions, undertakings and terms are hereby excluded.
5.2. The Company makes no representation or warranties about the validity, accuracy, correctness, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Site.
5.3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Company or through or from the Site shall create any warranty not expressly stated herein.
5.4. Under no circumstances shall the Company be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5.5. Each User hereby agrees to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that the Company is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. The Company reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with The Company in asserting any available defenses.
5.6. The Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract,
negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
• the use or the inability to use the Site;
• unauthorized access by third parties to data or private information of any User;
• statements or conduct of any User of the Site;
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The Company is the sole owner or lawful licensee of all the rights to the Site and the Company Content. All title, ownership and intellectual property rights in the Site and the Company Content shall remain with the Company, its affiliates or licensors of the Company Content, as the case may be. Copying, modifying, editing, and/or amending all or part of our Site Content, particularly for commercial or advertising purposes requires our prior written permission. Any other copying, amending, distribution or publication of the Site Content without our prior written permission is prohibited. All rights not otherwise claimed under this Agreement or by the Company are hereby reserved.
6.2. “APF”, “Asian Poker Festival” and related logos are registered trademarks or trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7. NOTICES
7.1. Any notices required to be given in writing to the Company or any questions concerning this Agreement should be addressed to
7.2. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to the Company, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a) the Company is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon the Company’s posting such notice on an area of the Site that is publicly accessible without charge.
8. GENERAL
8.1. Subject to any additional agreements relating to the Site, this Agreement and the Privacy Policy constitute the entire agreement between the User and The Company with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
8.2. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
8.3. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.5. The Company’s failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives the Company’s right to act with respect with subsequent or similar breaches.
8.6. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
8.7. This Agreement shall be governed by the laws of China without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of China