Terms of Use
Introduction
College Poker Championship Productions (“CPCP”) currently provides users with access to a rich collection of resources, including, various communication tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CPCP to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CPCP properties, shall be subject to the these Terms of Use. You understand and agree that the Service is provided "AS-IS" and that CPCP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The information and services contained at this site are for news and entertainment purposes only. Any use of the information or services in violation of any federal, state, or local laws is prohibited.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using any CPCP or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.
Payment Obligation and Credit Card Authorization
All registration fees are non-refundable.
The Registrant is responsible for paying the registration fee, and hereby authorizes CPCP to charge the Registrant's credit card, debit card, or bank account, to pay for the registration fee via automatic debit. The Registrant is also responsible for paying a product and services fee within thirty days subsequent to the end of the College Poker National Championships for the September to August production year of registration for products and services of CPCP and hereby authorizes CPCP to charge the Registrant's credit card, debit card, or bank account, to pay for the cost of product and services fees via automatic debit unless the Registrant terminates the registration by phone at least 48 hours prior to the product and services fee date. When termination is requested by a Registrant, there is no refund for any unused portion of the current registration. Registrant acknowledges and agrees that the authorization to charge Registrant's credit card shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Registrant may not assign or transfer his or her registration to any other person or entity. Should Registrant request a refund which is denied for a valid reason under these Terms of Service, and should Registrant subsequently file a claim against CPCP, CPCP shall be entitled to collect from Registrant all costs (including attorneys fees) associated with defending such a claim.
Use of Content
All information, materials, functions and other content ("Content") contained on CPCP are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the CPCP Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any CPCP Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the CPCP Site. Any business use, "re-mailing" or high-volume or automated use of the CPCP Site is prohibited.
In the event that we offer downloads of software on a CPCP Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Content Accessible Through Links From CollegePokerChampionshipProductions.com and Search Results
The CPCP sites may contain images of and links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of CPCP and CPCP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CPCP is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CPCP responsible if the Linked Site is not working appropriately. CPCP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CPCP of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different Terms of Use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from CPCP or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Any dealings with third parties (including advertisers) included within the CPCP sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CPCP shall not be responsible or liable for any part of any such dealings or promotions. By subscribing, registering, or using any of the CPCP sites, you agree that you indemnify CPCP from any liability whatsoever associated with your dealings with these third parties.
Message Boards
Registrant-only message boards are included with registration. The accepted standards of conduct in these communities, as well as any other message board communities, are determined by CPCP or the publishing partner of any given site. Registrants and registered users agree that CPCP and its publishing partners have the right to enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to premium message boards with no refund to the Registrant.
By subscribing, registering or using the site, you agree that CPCP and or the publisher(s) and board moderators of the sites have the right, in addition to other rights, to delete your posts or blacklist you or any other user at any time, if they believe that action is in the best interest of the sites, for whatever reason, and the reason need not be disclosed.
By signing up to post on CPCP' message boards, you agree that you will not use the message boards to advertise any product or service, without the express written permission of CPCP. You also agree that if you do use the message boards in such a manner, and are subsequently banned or blacklisted from the message boards, and then continue to post such advertising under a new account, you will be liable for damages to CPCP in the amount of fair compensation for equivalent advertising frequently sold by CPCP to other advertisers, plus CPCP costs of collection, including attorneys fees. Due to difficulty in CPCP assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on CPCP' ability to prove actual damages in excess of this amount).
By signing up to post on CPCP message boards, you agree that if CPCP blacklists you, you will cease and desist from posting on the message boards. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the message boards in any manner, you will be liable for damages to CPCP in the amount of fair compensation for time spent by CPCP staff and/or publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in CPCP assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on CPCP' ability to prove actual damages in excess of this amount).
Disclaimers
The material in this web site is provided for entertainment and informational purposes only. Information and recommendations offered may not be used to violate the local, state, regional, or federal laws of any country. Gambling laws vary greatly throughout different regions of the world. You must consult your local authorities for laws that may apply to you. This site does not encourage you to bet or engage in gambling if you are under age or if it is illegal where you come from.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO CPCP OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM CPCP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CPCP SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Indemnification
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of CPCP. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
CPCP is not obligated to monitor the content on this site. However, with respect to the use of the products and services offered on this site, CPCP reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in CPCP's sole discretion, without notice at any time.
This site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms of Use and Notices.
CPCP reserves the right, but is not obligated, to review materials posted to this site and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, CPCP reserves the right to terminate your access to any or all of the sites and services at any time without notice for any reason whatsoever. Furthermore, CPCP reserves the right to terminate or change any part of the site at any time.
CPCP is not obligated to monitor the content on this site. However, with respect to the use of the community facilities mentioned above, CPCP reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the site or service, in CPCP's sole discretion.
You acknowledge that the community services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. CPCP specifically disclaims any liability with regard to the community areas on our site, or the content published by publishers under their publishing agreements, in which they agree that they are fully responsible for the content they post on the site. Forum managers and hosts of the community services, message boards, chat rooms, etc. are not authorized CPCP agents or spokespersons, are not able to bind CPCP, nor do their views necessarily reflect those of CPCP.
The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.
By registering to post on CPCP message boards, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify CPCP, and their respective officers, agents, partners, employees and subcontractors, and CPCP' publishers from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant CPCP the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on this site and/or by using this site, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified CPCP (see above) as you have. You agree that you will not hold CPCP, and their respective officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters on the message boards.
By registering or subscribing on this site, you agree that you are giving explicit consent to CPCP to send to your various emails, including marketing emails of various types. You hereby agree that, although CPCP may provide methods for opting out of these emails, that these emails are not 'unsolicited emails' or 'spam', and that you will indemnify and hold harmless CPCP, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, CPCP' sending of these emails, and/or your receipt thereof.
Your access to and use of this site, and products and services of this site, is at your own risk. CPCP, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of this site or such products or services. CPCP makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of this site or such products or services.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY CPCP SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A CPCP SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CPCP SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO CPCP OR CHANGE CPCP OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdictional and Venue Issues
You agree that any action at law or in equity arising out of or relating to these Terms of Use or CPCP shall be filed, and that venue properly lies, only in state or federal courts located in California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on CPCP is appropriate or available for use in any particular location. Those who choose to access a CPCP Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Amendment
At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
General Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to."
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY CPCP SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Tournament Operation: All direction, operation, decisions and age requirements of CPCP tournaments are under the sole authority of the host gaming establishment.
