2. Description of Service
The Web Site is not a Gaming Site, or a provider of Gaming Site Services. We advertise and review selected Gaming Sites for advertising and informational purposes only. Gaming Sites presented on the Web Site are not to our knowledge operated within the United States of America or any other jurisdiction where the operation of a Gaming Site may be illegal. It is the responsibility of those Gaming Sites to check with their local jurisdictions to ensure that their Gaming Site Services are operating legally.
The Web Site makes no representations or warranties of any kind as to (a) the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this Web Site; (b) the merchantability, fitness for use, title and/or non-infringement of any or all of the products or promotions offered by third parties; or (c) computer viruses, bugs, errors or defects in any software or services provided by ourselves or third parties which cause any damage to your computing device or other personal property. All information contained at this Web Site is provided “as is” and without warranty of any kind.
By visiting this Web Site and the Gaming Sites listed thereon, you confirm you understand, that it is possible to lose some or all of the monies deposited and wagered at these Gaming Sites, and that you cannot and will not hold the Web Site responsible for such losses caused by the use of Gaming Site Services or losses caused by accessing of a Gaming Site published or contained on the Web Site. Any losses incurred as a result of your playing at a Gaming Site listed on the Web Site are not the responsibility of the Web Site or its affiliated companies, contractors or suppliers.
3. Your Obligations
Web sites and links listed on the Web Site are likely to change their promotions, rules and regulations on a regular basis. Individual Gaming Sites can, and often will, cancel a promotion without prior notice. The Web Site recommends that you check the rules and restrictions on the Gaming Site before playing on that site.
The Web Site recommends that you check with current laws in your area before playing at a Gaming Site. Gaming Site Services must be legal in your town, state, providence, and country of residence, and you must be of legal age to gamble or make wagers, and you must pay applicable taxes in your town, state, providence or country of residence. It is your responsibility to know and respect the local laws in place regarding Gaming Site Services where you are playing.
By using the Web Site, you agree that you shall not: (1) provide any content or conduct yourself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically or otherwise objectionable, pornographic, (b) designed to interfere or interrupt this Web Site or any service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, (d) giving rise to a civil or criminal liability, or in violation of an applicable local, national or international law; (2) impersonate any person or entity, including, but not limited to, a Web Site official, Forum Leader, or falsely state or otherwise misrepresent your association with any person or entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (3) collect or harvest any data about other users of this Web Site; (4) provide or use this Web Site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized advertising, without the Web Site’s prior written consent; and (5) provide any content that may give rise to civil or criminal liability of directors, officers, employees, agents, contractors, advertisers, partners of the Web Site or its affiliated companies, or that may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent or trade secrets.
5. Third-Party Web Sites
We provide links to external web sites and resources, such as Gaming Sites. The Web Site has no control over these external web sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You agree that you will be subject to any and all rules applicable to those web sites and you will not and cannot hold the Web Site responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of such content available on such web sites or resources.
6. LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTER their subsidiaries, agents, and assigns:
You are prohibited from accessing this site.
Legal Notice to PicScout, (http://www.picscout.com), Getty Images, (http://www.gettyimages.com) trading as: GYI, all other customers of PicScout, and Cyveillance Intelligence Center (http://www.cyveillance.com), and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing MacPokerOnline, macpokeronline.com, and any of its associated websites.
6.1 Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Nevada.
6.2 Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a macpokeronline.com, or from its parent company, camera for any purpose; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.
Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices.
As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications.
Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of $25,000 US per violation of our Terms of Service concerning image scanning robots.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Web Site, including access to and use of this Web Site.
9. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY GAMING SITE SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND THE WEB SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE WEB SITE MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE WEB SITE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE WEB SITE MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEB SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
11. Reservation of Rights
The Web Site reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that the Web Site may have for it’s content, the goods, and services that may be provided. The use of the Web Site’s rights and property requires the Web Site’s prior written consent. By making this Web Site and services available to you, the Web Site is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without the Web Site’s prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, please contact us.
The Web Site tries to provide complete, accurate, and current information. If you should observe any incomplete or inaccurate information, we would greatly appreciate being notified. Representatives of the Webs Site can be reached via the Web Site contact form.
13. Applicable Law
The definitions below may be pluralized within the foregoing, and shall have the same or similar meaning as defined below.
“Web Site” means the subdomains, subdirectories, content, information, text, graphics, links, and any other electronic information contained within the domain name or on the servers of Macpokeronline.com.
“Forum Leader” means any moderator, administrator, super-administrator, or individual / company with a leadership position in the Web Site forums.
“Gaming Site” means any and all sites that provide casino services in the form of poker, blackjack, slots, bingo, roulette, sportsbook, bookkeeping, or any other form of wagering to be accepted by means of a web site, domain, or other device via the Internet.
“Gaming Site Services” means services in which a Gaming Site may provide such as acceptance of wagering, gambling, real money entertainment, or any other services that may be construed as not acceptable or illegal within the jurisdiction in which the Web Site operates.