AGREEMENT TO TERMS
Where the context allows, references to the Company (and to “we”, “us” or “our”) also incorporates reference to each subsidiary and holding company of Match Poker Online Pty Ltd, and any subsidiary of such holding company.
LIMITATIONS ON ACCESS TO OUR SERVICES
Our Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or licensing requirements within such jurisdiction or country. We make no representation or warranty that our Services are lawful to use or to access in your jurisdiction. Accordingly, you are solely responsible for compliance with local laws, if and to the extent local laws are applicable, and you access and use our Services at your own risk. We shall not be liable for your access or use of our Services in any manner in any jurisdiction where such access or use is unlawful.
Our Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Services.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use our Services, you are granted a limited license to access and use our Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Services, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).
You may be required to register an account in order to use our Services. You agree to keep your password confidential and will be responsible for all use of your account and we will treat all acts performed through your account as having been performed by you. This included purchases made using your account whether authorised by you or not. You may be held liable for losses incurred by us or any other user of our Services caused by someone else using your Account.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use our Services for any purpose other than that for which we make our Services available. Our Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of our Services, you agree not to:
- Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and/or other users, including in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of our Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services.
- Use any information obtained from our Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use our Services in a manner inconsistent with any applicable laws or regulations, or in pursuance of any fraudulent or unlawful activity or scheme.
- Use our Services to advertise or offer to sell goods and services, or to advertise, promote or offer goods or services.
- Market, promote, offer the goods or service of, or solicit users for any third-party poker mobile application, software application or website (being one not operated by us or one of our affiliates), including by linking to websites operated by any such third-party.
- Engage in unauthorised framing of or linking to our Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to our Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Services to you.
- Attempt to bypass any measures of our Services designed to prevent or restrict access to our Services, or any portion of our Services.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Services, or using or launching any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on our Services.
- Make any unauthorised use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use any part of our Services as part of any effort to compete with us or otherwise use our Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Perform or caused to be performed, directly or indirectly, by any human, mechanical and/or electronic means, any manipulation of any attributes relating to the accessibility, performance, calculation or display of gameplay, game and player records and results, Player Achievements or Virtual Items offered as part of our Services, whether in respect to you or your Account, or in respect of any other player or other player’s Account.
- Aid, abet, counsel or procure any other user to do any of the foregoing.
As part of our Services, we may offer users the ability to use electronic representations of value such as virtual currency, betting chips, tokens and other items (“Virtual Items”). Your use of Virtual Items is pursuant to a licence from us, pursuant to which you are granted a limited, “at will” licence to use such Virtual Items in conjunction with your use of the Services. You agree that you do not have any ownership rights in respect of Virtual Items other than such limited use license, and that such limited use licence may be terminated by us for any reason, or for no reason, in respect of any or all of the Virtual Items. In order to facilitate enjoyment of users’ experience with our Services, we endeavour to accurately record changes to our users’ holdings of Virtual Items. However you agree that we will have no liability to you for any failure or neglect in doing so either accurately or at all. You also acknowledge and agree that Virtual Items do not have any real-world value whether in monetary or other terms of value, and you shall have no claims against us in respect of any Virtual Items or your loss of use of any Virtual Items for any reason. We may change the representation, measurement, accounting, recoding methods, use and existence of any Virtual Items at any time without having to give any notice to you and without recompense to you.
As part of our Services, we may offer and award users various forms of recognition for their play, participation and/or success in games, tournaments, events and other features offered by us (“Player Achievements”). Player Achievements may include, (without limitation): scores, ratings, rankings, leaderboard positions, trophies and titles, and their visual representation in electronic forms including badges and icons.
The offer, award and maintenance of any Player Achievements is at our sole discretion, which we may revoke for any reason or for no reason.
From time to time, we may offer in our sole discretion certain real-world rewards or privileges in connection with the attainment or maintenance of certain Player Achievements. Save to the limited extent as we expressly stipulate in writing in these such cases, you acknowledge that Player Achievements have no real-world value and are not convertible into any item of real-world value, monetary or otherwise.
In all cases, you agree that you have no claims against us (including without limitation any claims for consequential loss or pure economic loss) in respect of the award, mis-award, non-award, failure or refusal to maintain, or the revocation of any Player Achievements, including any failure or neglect by us in implementing, recording, awarding or maintaining any Player Achievements either accurately or at all.
We may change the representation, measurement, accounting, recording methods, use and existence of any Player Achievements without having to give any notice to you and without recompense to you. We may also, without notice, modify, adjust or revoke any Player Achievements which were awarded as a result of error, fraud, technical failure, our own changes to the basis on which we apply rankings or ratings or to the basis on which they are calculated, or which arose from activity violating our Fair Play standards.
MATCH POKER ONLINE EVENTS
From time to time we may promote and hold scheduled and special events featuring different competitive formats of our game. These events currently include but are not limited to our Premiership competition, our Weekly Challenge competition, and our Match Poker Online World Cup (each, and collectively, “MPO Events)”. The lineup of MPO Events may change from time to time.
The schedule and format of MPO Events; their eligibility criteria; the criteria we apply for determining the progression of players within them and the manner of ranking players’ results and of determining winners; and the nature, amount and distribution of prizes (if any), in relation to MPO Events will be notified to users from time to time via material published on our website and/or other forms of communication we have with our users, such as in-app messaging or via email messages sent to users’ email addresses associated with their account.
Any aspects of MPO Events not outlined by us in such prior communications which affect the conduct of such events may be addressed and resolved by us, including our authorised representatives, at the time of any incident, question or controversy arising. Such determinations shall be final and binding and not subject to any appeal.
We reserve the right to add to or change any of the foregoing aspects of MPO Events, including the suspension or cancellation of any MPO Events, at any time for any reason (including for no reason) at our sole discretion. We may do so without giving prior notice. We will nevertheless endeavour to provide our users with notice of such changes via the communication methods listed previously in this section.
Users are requested to be punctual for any scheduled MPO Events they wish to participate in as we will endeavour to commence such events promptly at their scheduled time. In the event that a user fails or is unable to join any MPO Event promptly, or experiences a connection issue interrupting or interfering with their participation in any MPO Event, the event will continue and such user may, at the discretion of the event officials, be removed from further participation in the event in the interests of the smooth and efficient conduct of the event for other users.
We may suspend or discontinue any MPO Event if, in our sole opinion, there is any actual or suspected tampering of the event, or any other malfunction, event or activity that may affect the integrity of the event.
Cash Prizes and Other Prizes of Value
Where we make an offer of a cash prize or other prize of value in connection with an MPO Event, the making of such offer and the award of such prize is void in any jurisdiction where it would be prohibited by law. Users may participate in such events only if such participation does not violate local laws applicable to them. Users are responsible for ensuring that their participation in any MPO Events complies with such laws.
Where it is determined that a user is eligible from their participation in any MPO Event to be awarded a cash prize or other prize of value, we will contact that user via the methods of contact supplied to us by that user in association with their account. In order to receive such prize, the user must have either a bank account recognised by our international payment processor Wise.com, or a PayPal account. The user will be required to submit to us within ten (10) days of such notification, necessary information requested by us in order for us to complete the transmission of such prize to the user via one of these means. Should the user be uncontactable by us, or fail to supply such information within such time, or not have either a bank account recognised by Wise.com or a Paypal account, the prize will be forfeited and we may award or distribute the prize to other participants in the relevant event as determined at our sole discretion.
The winner of any prize from any MPO Event will be responsible for all taxes on any prize won and on the value of any items or value transferred to the user by us. We reserve the right to award the winner of any non-cash prize with cash to an equivalent value.
We shall not be obligated to award any prize that relates to or arises out of improper or mistaken prize notification, operation or function of any MPO Event.
Our Services are offered with the mission of promoting, facilitating and recognising skill in poker play. To achieve this, we want all users of our Services to adhere to standards of fair play. Accordingly, you agree not to use any unfair methods in using our services, by way of: (a) opening or using multiple Accounts; (b) engaging in play with any computer-assisted means of enhancing performance; (c) intentionally poor play in certain games in a bid to achieve competitive advantage; (d) collusion with other users; (d) harassment of other users; or (e) any other activity that unfairly alters your competitive chances or constitutes the commission of fraud.
Due to the nature of our Services, we cannot and do not warrant that our Services will be free from activity that may violate these requirements. Please contact us to report any activity that you have reason to believe may do so.
PROHIBITION ON GAMBLING
In keeping with our mission to promote and facilitate the playing of poker as a game of skill, you agree that you will not make use of our Services in connection with any form of gambling or wagering, whether in connection with your own performance or the performance of others.
As part of our Services, we may offer you the opportunity to play with matched opponents. To ensure that you always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that look and play like real people.
USER GENERATED CONTRIBUTIONS
Our Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of our Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual, violent or any other manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of our Services or making Contributions accessible to our Services by linking your account from our Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on our Services. You are solely responsible for your Contributions to our Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on our Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of our Services, we may provide the ability for you to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through our Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through our Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on our Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through our Services. You will have the ability to disable the connection between your account on our Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use our Services. You can deactivate the connection between our Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
We may allow advertisers to display their advertisements and other information in certain areas of our Services, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on our Services and any services provided on our Services or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on our Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through our Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Services are covered by the Notification, a representative list of such works on our Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from our Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
MATCH POKER ONLINE PTY LTD
600 Bourke St
Melbourne VIC 3000
TERM AND TERMINATION
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If we terminate your account, all Virtual Items and Player Achievements will be automatically forfeited.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of our Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Services.
GOVERNING LAW AND JURISDICTION
There may be information on our Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Services at any time, without prior notice.
OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR FUNCTIONING OF OUR SERVICES OR OUR SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, AND/OR (7) THE AVAILABILITY AND FUNCTIONING OF OUR SERVICES IN ANY MANNER, WHETHER RELIABLY, ACCURATELY OR AT ALL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR CORPORATE AFFILIATES AND THEIR AND OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to our Services for the purpose of managing the performance of our Services, as well as data relating to your use of our Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding our Services or to receive further information regarding use of our Services, please contact us at:
MATCH POKER ONLINE PTY LTD
600 Bourke St
Melbourne VIC 3000