ProTeamPoker.com Terms of Use

Welcome to ProTeamPoker.com (the "Website"). The following terms of services ("TOS") apply to your use of the Website, including your use of or access to any Basic Services, Pay Services and Content (all as defined below and collectively referred to as the "Services") available through the Website. Please read the TOS carefully before using or accessing the Website, the Services or the Content. By using or accessing the Website, the Services or the Content, you signify your agreement to the TOS. Your use of or access to the Website, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the TOS, you should not use or access the Website, the Services or the Content. Your use of or access to the Website, the Services or the Content is also governed by our Privacy Policy, which is available through a link on our home page at http://www. ProTeamPoker.com and is hereby incorporated into the TOS.
The TOS was last modified on August 12, 2004.

A. TERMS OF SERVICE APPLICABLE TO THE BASIC SERVICES, THE PAY SERVICES AND ALL USERS OF THE WEBSITE.
1. TERMS OF SERVICE
All American Association of Pro Team Poker , provides the Website, the Content and the Services to you subject to the TOS. All American Association of Pro Team Poker may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Website at http://www. ProTeamPoker.com /site/terms.html. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Website, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.

2. SERVICES AND CONTENT
All American Association of Pro Team Poker may update, delete or otherwise modify any interactive and non-interactive features and services on ProTeamPoker.com from time to time at the Company's sole discretion. In addition, All American Association of Pro Team Poker also provides access to photographs, text, images, logos and other media and intellectual property related to or otherwise associated with the company and ProTeamPoker.com. Unless stated otherwise, the Website, the Services and the Content are subject to the TOS. You understand and agree that the Website, the Services and the Content are provided "AS-IS" and that All American Association of Pro Team Poker , and other associated parties assume no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may download certain Content and Services available on the Website to a single personal computer. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of All American Association of Pro Team Poker , which permission may be withheld at All American Association of Pro Team Poker 's sole discretion.

3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees which are associated with the Pay Services as applicable. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register with All American Association of Pro Team Poker by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services which require registration, you agree to: (a) provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or All American Association of Pro Team Poker has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, All American Association of Pro Team Poker has the right to suspend or terminate your password and refuse any and all current or future use of the Services.

5. PRIVACY POLICY
All information collected about you during registration for use of the Services will be used in accordance with our Privacy Policy and all applicable laws. You may view our privacy policy at http://www. ProTeamPoker.com /site/privacy.html.

6. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an official or employee of All American Association of Pro Team Poker or any person or entity with whom you are not legitimately affiliated, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services or the Content; or
i. intentionally or unintentionally violate any applicable local, state, national or international law.

7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Website and/or in connection with any of the Services (each, a "Message"), you are, by transmitting or uploading such Message, granting All American Association of Pro Team Poker a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, All American Association of Pro Team Poker may solicit Messages from users. Your provision of any such Messages in response to a solicitation by All American Association of Pro Team Poker shall be subject to a grant of a license to All American Association of Pro Team Poker as specified above.
b. When any user posts any material to the Website or any of the Services, All American Association of Pro Team Poker shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason in All American Association of Pro Team Poker 's sole discretion. It is All American Association of Pro Team Poker 's policy to fully cooperate with law enforcement authorities and court orders which request or require All American Association of Pro Team Poker to disclose personal information or the postings of anyone posting material to the Website or any of the Services. Although All American Association of Pro Team Poker may monitor and/or review posted material from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any postings, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that All American Association of Pro Team Poker may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of All American Association of Pro Team Poker , its users and the public. You understand that the technical processing and transmission of the Services, including posted materials, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. INDEMNITY
You agree to indemnify, defend and hold harmless All American Association of Pro Team Poker and each of its respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates, contractors and other related entities, servants, agents, representatives, successors and assigns, from and against any claim or demand, including reasonable attorneys' fees, arising out of material you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOS or your violation of any rights of another.

9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
All American Association of Pro Team Poker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that All American Association of Pro Team Poker shall not be liable to you or to any third party for any suspension or discontinuance of the Website or the Services; provided that All American Association of Pro Team Poker will provide a pro-rata refund for any Pay Services which are discontinued or otherwise cancelled prior to the conclusion of the term for which payment has been received.

10. TERMINATION
You agree that All American Association of Pro Team Poker , in its sole discretion, may terminate your use of the Website and/or the Services, and remove and discard any material posted within the Services, for any reason, including, without limitation, if All American Association of Pro Team Poker believes that you have violated or acted inconsistently with the letter or spirit of the TOS. All American Association of Pro Team Poker may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice. Further, you agree that All American Association of Pro Team Poker shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided for in Section 11 in connection with early termination of a Pay Service.

11. ProTeamPoker.com ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that All American Association of Pro Team Poker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the Services shall be at your sole risk.

12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because All American Association of Pro Team Poker has no control over such sites and resources, you acknowledge and agree that All American Association of Pro Team Poker is not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that All American Association of Pro Team Poker 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 content, goods or services available on or through any such site or resource.
You further understand and acknowledge that in some cases, it may be necessary or desirable to use third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features or functions available through the Website and/or the Services. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in connection with the functions and features of the Website and the Services and you may or may not be notified of the same. Your use of Third Party Services may be subject to terms of use other than these TOS and as may be set forth by third party providers, as applicable. Further, Third Party Materials may appear to be sourced either through a All American Association of Pro Team Poker branded website or through a third party website. In any event, you agree and acknowledge that All American Association of Pro Team Poker assumes no liability with respect to your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials are endorsed or recommended for use by All American Association of Pro Team Poker .

13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term All American Association of Pro Team Poker and its logo are registered trademarks of All American Association of Pro Team Poker ; (ii) all All American Association of Pro Team Poker logos and marks as well as all other proprietary materials depicted on the Website, the Services and the Content are the property of All American Association of Pro Team Poker or are licensed to All American Association of Pro Team Poker and may not be reproduced without the prior written consent of All American Association of Pro Team Poker (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, photographs, images and illustrations, is the property of, or is licensed by, All American Association of Pro Team Poker . You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to All American Association of Pro Team Poker ; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by All American Association of Pro Team Poker or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Website, the Services, the Content or the Software, in whole or in part. 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 Services. You agree not to access the Services by any means other than through the interface that is provided by All American Association of Pro Team Poker for use in accessing the Services. Other than a limited right of personal use in connection with use of the Website, the Services and the Content, you will have no rights to the Software.

14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES,THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. All American Association of Pro Team Poker EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. All American Association of Pro Team Poker MAKES NO WARRANTY THAT (i) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT All American Association of Pro Team Poker AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, OWNERS, OTHER OFFICIALS, PARTNERS, PARTNERSHIPS, PRINCIPALS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND OTHER RELATED ENTITIES, SERVANTS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF All American Association of Pro Team Poker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES,THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY All American Association of Pro Team Poker, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.

16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

17. NOTICE
All American Association of Pro Team Poker may provide notices to you via email or postal mail. All American Association of Pro Team Poker may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website or by posting an amended TOS on the Website. You may provide notices to All American Association of Pro Team Poker by email at info@ ProTeamPoker.com or by postal mail at All American Association of Pro Team Poker, PO Box 707, Gilbert, AZ 85299

18. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Website must be to http://www. ProTeamPoker.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.

19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and All American Association of Pro Team Poker and govern your use of the Website, the Services and access to the Content, superseding any prior agreements between you and All American Association of Pro Team Poker . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and All American Association of Pro Team Poker shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and All American Association of Pro Team Poker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona. The failure of All American Association of Pro Team Poker or any of its entities to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.