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TERMS AND CONDITIONS AGREEMENT
The POKERSQUARES.COM web site (the "Site") is an online information service provided by Ogadei Corp., subject to your compliance with the terms and conditions agreement ("Agreement") set forth below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. OGADEI CORP. MAY MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
You agree that the decisions of Ogadei Corp. and/or its judging organizations shall be final regarding the content on this Site, game play, contests, and winner selection. Should there be a discrepancy between the results on your computer and the results on Ogadei Corp.'s server, the results on Ogadei Corp.'s server shall take precedent. Notwithstanding anything in this Agreement, in the event of any dispute regarding a game or contest, the decision of Ogadei Corp. will be final and binding in all matters. You agree that Ogadei Corp. has the right to suspend or withdraw any game or contest at its absolute discretion.
You agree that Ogadei Corp., in its sole discretion, may disqualify you from participation in the use of any or all portions of this Site if you engage in any conduct it deems to be improper, unfair or otherwise adverse to the operation of this Site or detrimental to other players on this Site. Such improper conduct, includes, but is not limited to, cheating, falsifying personal information, using methods such as automated computer scripts or other programming techniques, intentionally trying to defraud or otherwise tamper with the computer programs comprising this Site. Such improper conduct also includes using vulgar, abusive or offensive language, using a vulgar or offensive screen name or location, harassing or threatening another contestant or Ogadei Corp. employee, impersonating an Ogadei Corp. employee, or creating a screen name attacking or defaming another contestant. You further agree that you will not use this Site to engage in any of the following activities: (i) Transmit any information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) Harm minors in any way; (iii) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other players; (v) Transmit or access any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (vi) Transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) Transmit any data 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; (viii) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other players' ability to engage in information exchanges; (ix) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (x) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations having the force of law; (xi) Monitor traffic or make search requests in order to accumulate information about individual players. (xii) "Stalk" or otherwise harass another; or (xiii) Collect or store personal data about other players. You agree that Ogadei Corp. may disqualify you from using this Site as a result of such improper conduct. You further agree that such disqualification shall in no way prevent Ogadei Corp. from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Ogadei Corp. reserves the right to run advertisements and promotions on the Site. By accepting the terms of this Agreement, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by Ogadei Corp. within the pages comprising the Site is subject to change and shall be determined by Ogadei Corp. at Ogadei Corp.'s sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Ogadei Corp. web sites, 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. You agree that Ogadei Corp. will 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 on the Site.
This entire contents of this Site are copyrighted 2004 Ogadei Corp. All copyright rights are reserved. Ogadeitm and POKERSQUARES.COMtm are trademarks of Ogadei Corp. All trademark rights are reserved. Title, ownership, rights, and intellectual property rights in and to this Site and any related documentation shall remain with Ogadei Corp. This Site is protected by international copyright, trademark, and other intellectual property laws and by international treaties. U.S. federal law provides severe civil and criminal penalties for the unauthorized reproduction, use, or distribution of copyrighted material. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000 fine. The entire contents of this Site are protected by federal copyright and trademark laws, including, but not limited to, any and all text, HTML, graphics, sounds, video clips, Java, JavaScript, Flash, Shockwave, CGI scripts, and Style Sheets. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, HTML, GRAPHICS, SOUNDS, VIDEO CLIPS, JAVA, JAVASCRIPT, PERL, PYTHON, TCL, CGI SCRIPTS, STYLE SHEETS, FLASH OR SHOCKWAVE PROGRAMS, ACTIVEX CONTROLS, OR ANY OTHER CODE OR SOFTWARE. In addition, you may not: (i) modify or create any derivative works of this Site, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for this Site; (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to this Site; or (iv) copy, remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on this Site. Any unauthorized reproduction of any portion of this Site, its materials, likeness, or design may constitute copyright and/or trademark infringement, and will be prosecuted to the fullest extent of the law.
This Agreement is personal to you, and may not be assigned without Ogadei Corp.'s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the term of this Agreement, you shall provide written notice of such merger or acquisition to Ogadei Corp., and Ogadei Corp. shall have the right to terminate this Agreement at its sole discression. All parties shall perform under this Agreement until such termination is effective.
Ogadei Corp. may change, move or delete portions of, or may add to, this Site from time to time. The materials available on this Site may include technical inaccuracies or typographical errors. Some portions of this Site may be incomplet and incorrekt. Changes may be made from time to time without notice to the materials available on this Site. You agree, understand and fully accept that the use of this Site may cause addiction, eye strain, wrist strain, muscle strain, head and neck injury, loss of short term or long term memory, loss of sleep, tooth loss, nervous disorders, loss of appetite, severe productivity loss, allergic reactions, nausea, vomiting, dizziness, numbness or tingling, anxiety, mild or severe skin rashes, weight loss, weight gain, blindness, seizures, shortness of breath, unemployment, constipation, wasted time and energy, and other harmful effects. You agree not to use this site while driving, sleeping, piloting aircraft or watercraft, or operating heavy machinery of any kind. You agree, understand and accept that this Site may not be Year 2000, Year 2010, Year 2038, or Year 10000 compliant. Furthermore, you agree and understand that this Site is not fault-tolerant and is not designed, manufactured or intended for use to control, be controlled by, or interface with equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, atomic particle accelerators, aircraft navigation or communication systems, air traffic control systems, rocket launch systems, oil refineries, submarine navigation systems, explosives manufacturing control systems, ballistic missile systems, satellite control systems, direct life support machines, strategic or tactical weapons systems, or other systems, in which the failure of this Site could lead directly to death, personal injury, or severe physical or environmental damage. Ogadei Corp.'s products are not designed, intended, authorized or warranted for use as components in systems intended for surgical implant into the body, or in other applications intended to support or sustain life, or in any other application in which the failure of Ogadei Corp.'s product could cause physical or mental injury, or death. Accordingly, you agree to specifically disclaim any express or implied warranty of fitness, and agree that Ogadei Corp., its officers, directors, investors, employees, advisors, contractors, agents and suppliers will not be liable for any claims or damages arising from your use of this Site. You agree that Ogadei Corp. is not liable for any malfunction or failure of its systems, this Site or service offering due to matters including, but not limited to, force majeure, the failure of Ogadei Corp.'s or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, famine, pestilence, war, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), or fire, explosion, flood, tornado, hurricane, volcanic eruption, lightning, earthquake, hacking, leaky roof, flooded basement, termites, theft, vandalism, malicious damage, strike, lockout, or industrial action of any kind. In the event that a malfunction, failure, or disconnection occurs during any game or contest, you agree that your participation in that game or contest may become null and void.
THIS SITE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OGADEI CORP. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR ITS CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, OGADEI CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OGADEI CORP. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. OGADEI CORP. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS. YOU (AND NOT OGADEI CORP.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION CAUSED BY YOUR USE, MISUSE, OR INABILITY TO USE THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND/OR FUNDAMENTAL BREACH, SHALL OGADEI CORP. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF OGADEI CORP. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OGADEI CORP.'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO OGADEI CORP.
You agree to indemnify, defend and hold harmless Ogadei Corp., its officers, directors, investors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
Ogadei Corp. makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a non-Ogadei Corp. web site, please understand that it is independent from Ogadei Corp. and that Ogadei Corp. has no control over the content on that web site. A link to a non-Ogadei Corp. web site does not mean that Ogadei Corp. endorses or accepts any responsibility for the content or use of such web site.
Should any person using this Site respond to Ogadei Corp. with information including feedback data, such as questions, comments, message postings, or suggestions, such information shall be deemed to be non-confidential and Ogadei Corp. shall have no obligation of any kind with respect to such information. You agree that Ogadei Corp. shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. You agree that Ogadei Corp. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. You agree to grant to Ogadei Corp. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit to any public or private areas of the Site (such as questions, comments, suggestions, feedback, bulletin boards, forums and newsgroups) or by e-mail to Ogadei Corp. or by any and all means and in any media now known or hereafter developed. You agree to transfer such ideas, concepts, know-how and techniques to Ogadei Corp. without any compensation. You agree to execute any and all documents that Ogadei Corp. may reasonably request in connection with confirming Ogadei Corp.'s ownership of and unlimited right to use such ideas, concepts, know-how and techniques. You also grant to Ogadei Corp. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Ogadei Corp. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Ogadei Corp. You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information about any person, including yourself, through public messages posted on this Site.
This Agreement is effective unless and until terminated in writing by Ogadei Corp. Ogadei Corp. may terminate this Agreement at any time and without notice, and accordingly deny you access to this Site, in Ogadei Corp.'s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Ogadei Corp., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
You agree that the games and contests offered at this Site are for entertainment value and no monetary obligation is required to participate. The rules, regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between you and Ogadei Corp., and supersede all prior written or verbal agreements, representations and understandings between you and Ogadei Corp. You agree that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of this Site, the terms and conditions of this Agreement shall govern. You submit to the non-exclusive jurisdiction of the Supreme Court of the State of New York, New York County and the United States District Court for the Southern District of New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or the use of this Site. You agree to waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the use of this Site in such courts and agree not to plead or claim in any such court that any such action, suit or proceeding brought in such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. User agrees that he or she will not ship, transfer or export the Site into any country, or use the Site in any manner prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations. This Agreement may only be modified in writing and signed by an authorized officer of Ogadei Corp.
This Site and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Ogadei Corp., 1979 Marcus Avenue, Suite 210, Lake Success, NY, 11042. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that neither the Site or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan and Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Site you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Site to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
Residents of California have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Ogadei Corp., located at 1979 Marcus Avenue, Suite 210, Lake Success, NY, 11042, is the provider of electronic commercial services on this Site. Currently, there are no charges or fees imposed on consumers for the use of this Site.