Terms as of January 1, 2018
Open League allows players to earn tokens ("Tokens") at live poker events ("BPO League Events") organized by third party leagues designated by Open League ("BPO Leagues"), which can be used to play in online poker tournaments ("Online BPO Events") offered to you on the website found at www.barpokeropen.com and online.barpokeropen.com/play/ (together, the "Site"). By participating in Online BPO Events, players may be awarded additional Tokens, cash prizes, entry into live poker tournaments organized by Open League ("Live BPO Events") and other valuable non-cash prizes. The term "BPO Events" refers to BPO League Events, Online BPO Events, and Live BPO Events, collectively.
By participating in any BPO Events, you consent to the terms and conditions set forth in this Agreement, as it may be updated or modified from time to time in accordance with the provisions below.
For the purposes of this Agreement, "Software" means any and all software that Open League provides or makes available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not, and the "Service" means the Software, Online BPO Events and Live BPO Events, together.
2. GRANT OF LICENSE/INTELLECTUAL PROPERTY
- 2.1. Subject to the terms and conditions contained herein, Open League grants you a non exclusive, personal, non-transferable right to install and use the Software on your computer or mobile device, as the case may be, in order to play Online BPO Events.
- 2.2. The Software is licensed to you by Open League for your private personal use. Please note that the Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction, (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so, and (iv) individuals outside of the Unites States. Open League is not able to verify the legality of the Service in each jurisdiction and it is your responsibility to ensure that your use of the Service is lawful.
- 2.3. Open League reserves the right at any time to request from you evidence of age in order to ensure that minors are not using the Service.
- 2.4. Open League and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organization, including copyright, trade secrets, intellectual property and other rights.
2.5. You may not, within the limits prescribed by applicable laws, do any of the following (each, an "Unauthorized Use"):
- 2.5.1. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- 2.5.2. sell, assign, sublicense, transfer, distribute or lease the Software;
- 2.5.3. make the Software available to any third party through a computer network or otherwise;
- 2.5.4. export the Software to any country (whether by physical or electronic means); or
- 2.5.5. use the Software in a manner prohibited by applicable laws or regulations.
- 2.6. Open League and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to you hereunder and retain all rights, title and interest in and to the Software.
- 2.7. The terms "Bar Poker Open" and "BPO" and any other trademarks, service marks, signs, trade names and/or domain names used by Open League on the Site and/or the Software from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of Open League and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Open League and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without Open League's prior written consent.
- 2.8. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Open League and/or its licensors in the Software, the Trademarks or the Site Content nor will you do anything that damages the image or reputation of Open League or its employees, directors, or officers.
3. DISCLAIMER OF WARRANTIES
- 3.1. The Service is provided to you "AS IS." Open League disclaims any and all warranties, express or implied. Open League provides you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
- 3.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, Open League makes no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
- 3.3. Open League reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice, and Open League shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Open League in this regard.
4. USE OF THE SOFTWARE
- 4.1. You acknowledge that your use of the Software is at your sole option, discretion and risk.
- 4.2. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Open League, and Open League will have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting those networks or access services;
- 4.3. You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf), other than prizes awarded for participation in BPO Events.
5. BPO EVENTS
- 5.1. Tokens have no value in and of themselves and are not transferable and exchangeable within a user account. Further, such Tokens are not redeemable for any currency or prize, other than entry into an Online BPO Event or a Live BPO Event. Accordingly, you are prohibited from transferring or attempting to transfer your user account or Tokens associated with your user account to a third person.
- 5.2. Your are prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function or the player images option or in correspondence with Open League staff.
5.3. During all BPO Events, you agree to refrain from the following behaviors:
- 5.3.1. Collusion with any other user by sharing hole cards or any other method;
- 5.3.2. Behavior that, in Open League's or a tournament director's reasonable judgment, is harassing or threatening toward other players;
- 5.3.3. Behavior that, in Open League's or a tournament director's reasonable judgment, disrupts the regular operation of any event;
- 5.3.4. Using External Player Assistance Tools and Automatic Player Software (Bots);
- 5.3.5. Destroying any property owned by any other person;
- 5.3.6. Agreeing to take any action when there is another player at your table all-in;
- 5.3.7. Telling anyone your hole cards before a hand is complete;
- 5.3.8. Needlessly stalling the action in a game;
- 5.3.9. Play or assist a player on any other account, other than your own account;
- 5.3.10. Player on more than one account in the same tournament;
- 5.3.11. Chip-dumping (intentionally losing a poker hand in order to deliberately transfer tournament chips to another user); or
- 5.3.12. Attempting to induce member to leave an event.
5.4. Prizes from BPO Events
- 5.4.1. Open League reserves the right to substitute a prize of equal or greater value if any advertised prize becomes unavailable.
- 5.4.2. Prizes are not transferable unless otherwise specified in writing from Open League and cannot be redeemed for cash unless otherwise stated.
- 5.4.3. Winners may be required to execute an affidavit of eligibility and a liability/publicity release, and return the affidavit to Open League within 14 days of date notice is sent, or prizes will be forfeited and may be awarded to an alternate winner.
- 5.4.4. If a prize notification is returned and/or is undeliverable and/or if recipient is ineligible for any reason, the prize may be forfeited and may be awarded to an alternate winner.
- 5.4.5. Users shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a prize won from an Online BPO Event or a Live BPO Event. If required by law, as determined by Open League in its sole discretion, Open League reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
- 5.4.6. By accepting any prize from the Site, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as Open League may require for this purpose.
- 5.5. Open League has the right to cancel or alter any Online BPO Event or Live BPO Event in any manner fair to all players at the sole discretion of Open League.
- 5.6. By registering for an account, you agree that the Site may display your user name, prize winnings and tournament records.
- 5.7. You agree that the historical data of each Online BPO Event shall be as recorded on the Open League servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on the Open League server the latter shall prevail.
6.1. Without prejudice to any other rights, if you breach in whole or in part any provision contained in this Agreement, Open League reserves the right to take such action as it sees fit, including:
- 6.1.1. terminating this Agreement or any other agreement in place with you,
- 6.1.2. immediately blocking your access to the Service or to any other service offered by Open League,
- 6.1.3. terminating your account on the Site or on any other websites operated by Open League,
- 6.1.4. revoking any or all Tokens held in your account,
- 6.1.5. rescinding any prizes previously awarded for participating in an Online BPO Event or Live BPO Event,
- 6.1.6. temporarily or permanently prohibiting you from playing in future BPO Events, and/or
- 6.1.7. taking legal action against you.
- 6.2. For clarification, engaging in any of the conduct at BPO Events prohibited by Section 5.3 constitutes a breach of this Agreement and entitles Open League to any of the remedies described in Section 6.1.
- 7.1. You agree to indemnify and hold Open League (and its officers, employees, and agents) harmless, including for costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your breach of this Agreement, and (c) your violation of applicable laws or regulations.
- 7.2. Open League reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- 7.3. You agree not to settle any matter for which you are required to indemnify us without our prior written consent.
8. LIMITATION OF LIABILITY
- 8.1. To the maximum extent permitted by law, in no event shall Open League be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Service, even if Open League has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
- 8.2. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) any fees that you have paid Open League for use of services or tools provided through the site and (b) fifty us dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.
- 8.3. 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.
- 9.1. You hereby release and forever discharge Open League (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service.
- 9.2. if you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
10. SECURITY AND YOUR ACCOUNT
- 10.1. Each user account shall be accessible through the use of a combination of a unique Online Poker Username and a secret password (together, "Login Credentials").
- 10.2. You will keep your Login Credentials secret and confidential at all times and take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be your sole responsibility and be deemed as your use.
- 10.3. You may only have one account with Open League and shall only use the Service using such single account.
- 11.1.> Open League reserves the right to update or modify this Agreement or any part thereof at any time without notice.
- 11.2.> Your continued use of the Service following any amendment to this Agreement constitutes your agreement to that amendment, so Open League encourages you to review this Agreement before each time you utilize the Service.
- 11.3.> Amendments to this Agreement made after your last use of the Service will not apply to you.
12. GOVERNING LAW AND JURISDICTION
- 12.1. All matters relating to the Service and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction).
- 12.2. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island, in each case located in the City of Providence and County of Providence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- 13.1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
- 13.2. Open League reserves the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
- 13.3. No waiver by Open League of any breach of any provision of this Agreement (including the failure of Open League to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- 13.4. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other.
- 13.5. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.