Terms & Conditions
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Terms & Conditions
- Introduction.Welcome to the VGN Poker website, operated by Virtual Gamers Network (“VGN Poker“) and located at www.vgnpoker.com (the “Site“). The following terms and conditions (“Terms“) form a binding legal contract between VGN Poker and you and govern your use of this Site.
The Site is a free online forum & social community that brings together detailed information about poker, including expert reviews of poker websites and forums dedicated to discussing the game from all angles. VGN Poker creates unique editorial content intended for the enjoyment of poker lovers all over the world, but never with the express intention to encourage participation in online poker. VGN Poker does not operate or provide any form of online poker room, nor do we operate or provide any other form of gambling games or entertainment.
- Website Content and Services.The Site and the Site Materials are for informational purposes only and should not be treated or used as advice. The Site does not offer, and should not be understood to offer, financial advice or any authoritative advice of any kind, including any such financial advice for making decisions related to online poker or gambling. Nothing on the Site shall be deemed to be an endorsement of any third-party website, online gambling provider, or other Internet websites or services discussed on the Site (“Third Party Sites“) or of online gaming in general. VGN Poker offers no guarantee or warranties of quality, trustworthiness or reliability of the Third Party Sites, and there is no warranty from VGN Poker in relation to anything that might happen upon you visiting a Third Party Site. Users shall visit Third Party Sites entirely at their own discretion, by their own accord, and at their own risk. VGN Poker shall not be deemed responsible for any action taken in light of you consuming or acting upon content that proves to be incorrect. You should never use this website as an authoritative destination on which to base your online poker decisions.
If you choose to gamble, VGN Poker recommends you check your local laws before gambling online or offline. It is your sole responsibility to understand your local gambling laws and adhere strictly to their parameters. By using the Site, you agree and acknowledge that the VGN Poker does not provide any authoritative or qualified advice on the legality of online or offline gambling, that it provides no guarantee or warranties of accuracy or correctness of such information, that it disclaims all liability associated with your consumption and use of such information, and that it is your sole responsibility to understand the gambling laws applicable to you in your jurisdiction and to comply with the same.
Nothing on the Site should be treated or used as financial advice, legal advice, business advice, gaming advice, gambling advice, or any other type of advice. Always consult with an expert before making any decision that carries risk.
Gaming and gambling, including, without limitation, Poker, is inherently risky. Do not expect or assume that any of the information contained on the Site can or will reduce your risk of loss if you decide to play poker or gamble for money. By using the Site or its services, you agree and acknowledge that playing poker, or any other game, for real money or real money’s worth is a risky activity that can result in financial loss and by gambling you may lose some or all of any monies you wager as a result of such activities. You agree that VGN Poker, as well as our directors, officers, employees, contractors, affiliated companies, or agents shall not be liable in any way for any losses incurred by you as a result of such activities.
Although we provide information related to gaming and gambling, VGN Poker does not encourage Users to participate in gaming or gambling (or betting for that matter) where you risk more than you can afford to lose or where such activities may have a negative impact on your life. Whether or not you choose to play poker or gamble is your personal choice. Make that choice carefully in light of your circumstances and never play beyond your limit. We recommend that all visitors to the Site who choose to play poker for real money do so in accordance with our Responsible Gambling Policy found here.
Without limiting anything else in these Terms or otherwise, VGN Poker is not responsible for any errors or omissions in the Site or Site Materials (defined below). VGN Poker, and its directors, employees, officers, subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content (defined below), products, data, services, links, advertisements or other items contained within the Site. VGN Poker reserves the right to immediately remove any Site Materials or User Content for any reason, or for no reason. VGN Poker cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
If you are using this Site to promote illegal activities or to search for information on illegal activities, leave this Site immediately. Do not use this Site if doing so would violate any laws in your jurisdiction.
- Proprietary Rights. As between you and VGN Poker, VGN Poker owns or licenses all software, data, written materials and other content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials“), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and VGN Poker, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to VGN Poker or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate international trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- User Content.Certain features of the Site may allow you to contribute content, materials, and other information for access, use, viewing and commentary by VGN Poker and other users of the Site (collectively, “User Content“). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to VGN Poker, you grant VGN Poker a, perpetual, irrevocable, transferable, worldwide license to access, use, exploit, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. You also agree to waive all moral rights to the User Content. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
VGN Poker is not responsible for, and does not routinely, monitor edit or moderate User Content and is not responsible for the information contained in User Content or any interactions between visitors of the Site. You are solely responsible for your interactions with other visitors, and for the Content and information you upload or post to the Site. Although you agree VGN Poker is under no obligation to do so, VGN Poker may for any or no reason edit, remove, or restrict access to any User Content, on the Site at any time, including removing such User Content permanently. If you choose to use or act on User Content, you agree that you do so at your own risk. You agree that VGN Poker has no liability whatsoever for any harm, loss, injury, or damages related to your access to User Content. By accessing the Site you expressly agree to waive any potential claim of any nature against VGN Poker resulting from any User Content you viewed on the Site.
- Unauthorised Activities.By visiting the Site you agree (a) not to use the Site in conjunction with any illegal or unauthorised purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) not to modify, copy, distribute, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any of the Site Materials, unless otherwise authorised by these Terms or in a separate written agreement with VGN Poker; (c) not to attempt to gain unauthorised access to VGN Poker’s computer systems or engage in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) not to make any commercial use of the Site; (e) not to download or copy of the Site Materials for any reason (except as reasonably necessary for a web browser to access the Site), redistribute anything found on the Site, or make any use of data mining, robots or similar data gathering and extraction tools on the Site; (f) not to use the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) not to remove, circumvent, disable, damage or otherwise interfere in any way with any security-related features of the Site aimed at preventing or restricting the unauthorised use of the Site or any of the Site Materials; (h) not disparage defame, libel, slander, harass, defraud, or harm VGN Poker, visitors of the Site, Third Party Sites, or any other person; (i) to at all times remain polite when interacting with other visitors of the Site on our discussion forums, and not to engage in any behavior that may be construed by a reasonable person as aggressive, harassing, defamatory, tortious, libelous, hateful, vulgar, obscene, offensive, racist, sexist, insulting or otherwise inappropriate towards other visitors or post any user content that may be construed threatening, bullying, harassing, offensive, obscene, invasive of privacy, racist, sexist, homophobic, or otherwise objectionable or unlawful; (j) not to provide any inaccurate or misleading information when registering on the Site; (k) not to impersonate any individual, person, or entity, including without limitation, an official or employee of VGN Poker, a Third Party Site or another visitor of the Site; (l) not to misrepresent or make false statements regarding the source or origin of any content provided by you to the Site; (m) not to upload files designed to harm the Site or other visitors; (n) not to take any action that would reduce or harm VGN Poker’s goodwill or reputation in the eyes of the public; (o) not to decompile, reverse engineer, hack, or modify any software used by this Site; and (p) to waive any right to a participate in a class action or trial by jury against VGN Poker in any jurisdiction where such waiver is possible and agree to submit to arbitral proceedings in the event of a dispute as further set out in these Terms.
You may use the Site and the Site Materials only as consistent with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorised uses, without prior written permission of VGN Poker is strictly prohibited. You acknowledge and agree that the unauthorised use of the Site or the Site Materials could cause irreparable harm to VGN Poker and that in the event of such unauthorised use; VGN Poker shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Third Party Websites and Content.The Site may contain links to Third Party Sites for the convenience of users in locating information, products, or services that may be of interest. The Site may also incorporate features and services provided by third parties. Use of such Third Party Sites, third party links, features, and services (“Third Party Materials“), the Site and the Site Materials, and any other material or content on and made available through the Site is entirely at your own risk. VGN Poker does not own or control any Third Party Materials and VGN Poker makes no representations, endorsements, guarantees, or warranties with respect to any Third Party Materials or the accuracy of the information, or quality of products or services provided by or advertised on Third Party Sites or the transactions you conduct or enter into with third parties. Your use of any Third Party Sites is at your own risk, and subject to the terms and conditions of such other websites. VGN Poker does not endorse any product, service, or treatment provided on a Third Party Site or advertised or provided on the Site.
- Third Party Gaming Websites.Our Website may reference, contain advertising for, or provide links to third party websites which provide online gambling services (“Gaming Websites“). Such advertisements for Gaming Websites and links to these are only intended and directed at residents of such jurisdictions where using such advertised services is complaint with that jurisdiction’s legal system. If you access such Gaming Websites through any of the links We provide, or as a result of any advertisement on Our Website, you hereby agree and acknowledge the following:
- You are resident in a jurisdiction where the use of any online gambling services advertised by the Gaming Website which you accessed is lawful;
- You are of the legal age to use the online gambling or gaming services advertised by the Gaming Website on which you accessed;
- You are informed of any and all legal requirements that may be applicable to you in your jurisdiction and have ensured that your access of the Gaming Websites is lawful in your jurisdiction;
- You have checked, verified and agreed to comply with any and all requirements imposed by the Gaming Websites for their use, as may be amended from time to time; and
- Your use of information available on the Site for the purpose of online gambling or gaming may result in the loss of any monies you so choose to gamble or wager.
- DISCLAIMER. THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. VGN POKER AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- LIMITATION OF LIABILITY. VGN POKER AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR VGN POKER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF VGN POKER AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF VGN POKER AND ITS LICENSORS SHALL NOT EXCEED TEN EUROS (€10). If you are dissatisfied with the Site or with any of these Terms, or feel VGN Poker has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
- Indemnification.By visiting this Site, you agree to indemnify and hold harmless VGN Poker and its directors, officers, employees, agents, contractors, customers, clients and licensors (“VGN Poker Indemnitees“) against all claims, actions, suits, and other proceedings (“Claims“) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, breach of contract, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to VGN Poker, or any breach by you of these Terms and shall indemnify and hold VGN Poker Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of VGN Poker. VGN Poker or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If VGN Poker or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to VGN Poker, subject to the right of VGN Poker to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Complaint Procedures.If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify VGN Poker by using the contact formwith a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
You should be aware that, pursuant to the copyright laws of some jurisdictions, a person who knowingly and materially misrepresents any such material or activity is considered to be infringing on copyright laws and may be held liable for damages.
- Relationship.Nothing on the Site or in these Terms creates or constitutes an employment, contractor, business, joint venture, partnership, or agency relationship between you and VGN Poker.
- Changes to these Terms.VGN Poker reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective and biding on to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit.
- Termination.You agree that VGN Poker may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing VGN Poker with untrue or inaccurate information about yourself, for infringement upon VGN Poker proprietary rights, or for any other reason whatsoever or for no reason.
- Applicable Law and Arbitration.By using this Site, you agree that these Terms and your use of the Site and its services shall be governed exclusively by the laws of England, without regard to conflict of law provisions.
By using this Site, you agree that, except as directed by VGN Poker, you shall keep strictly confidential and shall not disclose, during the term of these Terms or any time thereafter, the existence of any Dispute or the subject matter of any Dispute other than to the LCIA in connection with resolving the Dispute, any or all of the information disclosed at Arbitration, or the results of Arbitration (collectively, the “Confidential Information“) to any person or entity, nor will you use or exploit, directly or indirectly, the Confidential Information for any purpose other than to resolve the Dispute in strict confidence, to participants in the Arbitration, or to give effect to the result of the Arbitration.
Notwithstanding the foregoing, you will be entitled to disclose such Confidential Information if required by law provided that you promptly notify VGN Poker, consult with VGN Poker, and cooperate with VGN Poker in any attempt to resist or narrow such disclosure or to obtain an order or other assurance that such Confidential Information will be accorded confidential treatment. Notwithstanding any disclosure required by law, the Confidential Information disclosed will, for all other purposes, continue to be treated as Confidential Information under these Terms.
- Severability.If any provision of these Terms, or the application of such provision to any person or circumstance, will be held invalid, the remainder of these Terms, or the application of such provision to any person or circumstance other than those to which it is held invalid, will not be affected by it to the extent that doing so will not alter the fundamental purpose of the Terms.
- Irreparable Harm.You acknowledge and agree that your breach of any of these Terms could cause irreparable harm to VGN Poker and that in the event of such a breach; VGN Poker shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Terms and Survival.These Terms shall remain in effect until terminated by VGN Poker. Sections 1, 3, 4 and 6 to 20 of these Terms shall survive any termination of these Terms.
- Assignment.VGN Poker may assign its rights, interests, and obligations under these Terms at any time without notice to you or your consent. You may not assign your rights, interests, or obligations under these Terms. These Terms shall enure to the benefit of and be binding upon the heirs, executors, administrators, and legal personal representatives of you and upon the successors and assigns of VGN Poker.
- Waiver.The waiver or failure of VGN Poker to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.
- Interpretation.Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”