TERMS AND CONDITIONS OF SITE USE

The Poker Player Website,pokerplayernewspaper,com (the "Site") is an online presence for Poker Player Newspaper subject to your compliance with the terms and conditions set forth as follows.

The "Poker Player " design and logo are a registered trademark of Gambling Times in the United States . Other marks which appear on this Web site may be marks of third parties that are not affiliated with Poker Player.

Please read this Agreement carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. If you utilize the site in a manner inconsistent with these terms and conditions, Poker Player may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. Poker Player may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the 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.

Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by Poker Player from time to time), which are the rules that govern your activity in connection with the site. Poker Player has the right but not the obligation to remove any communications and materials that Poker Player believes is in violation the Operating Policies.

Submissions. The entire contents of the site are copyrighted under United States copyright laws. The owner of the copyright is Poker Player Holding Company, a partnership between Gambling times Incorporated and Stanley R. Sludikoff. You agree that you shall have no recourse against Poker Player Holding Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Use of the site. You understand that, except for information identified as being supplied by Poker Player, Poker Player does not operate, control or endorse any information, products or sites on the Internet in any way. You also understand that Poker Player cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet. Poker Player does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or site provided through the site or on the Internet generally, and Poker Player shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, sites, and other information provided through the site or on the Internet generally. Poker Player does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site is provided on an "as is, as available" basis.

In no event will Poker Player be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site, or any information, or transactions provided on the site or downloaded or hyperlinked from the site, even if Poker Player or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the site and/or materials or information downloaded through, or hyperlinked from, the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Poker Player's liability is limited to the greatest extent permitted by law.


Indemnification. You agree to indemnify, defend and hold harmless Poker Player, its officers, directors, employees, agents, licensors, and suppliers to the site from all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

Third Party Rights. The provisions of paragraphs Use of the site and Indemnification are for the benefit of Poker Player and its officers, directors, employees, agents, licensors, and suppliers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.


Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the site after you have terminated this Agreement. The provisions of Submissions , Use of the site , Indemnification , Third Party Rights and Miscellaneous shall survive any termination of this Agreement.


Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Poker Player and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California . Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Poker Player's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.


 

Appendix A - Operating Policies

Poker Player cannot and does not screen content provided by users of the site at the time of submission. Notwithstanding the foregoing, Poker Player reserves the right to monitor submissions to the site and to remove content which Poker Player, in its sole discretion, determines to be harmful, offensive, incorrect, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable site that meets the needs of the users of the site and avoids violation of the rights of others, or is otherwise harmful, it is necessary to establish the following rules to protect against abuse:

1. Use your real name in online communications.

2. You may not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or site marks used in an infringing fashion.

3. You may not interfere with other users use of the site.

4. You may not submit or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

5. You may not collect via any means contact information from the site for the purpose of solicitation or mass e-mail (spam).