Updated: May 6, 2009 ePokerFaces.com Terms of Use Agreement and Privacy Policy ePokerFaces is a social networking service for poker players, poker communities, along with other passionate poker enthusiasts, one of our goals is to connect and bring everyone together. Anyone and/or group is welcome to become a Member of ePokerFaces. We are not in anyway prejudice to poker itself, ePokerFaces is a social network, and welcomes all individuals and groups who enjoy the exciting experience of the online socialization world. So come experience and discover something or someone new, learn one of our many opportunities, like "poker" that present itself at ePokerFaces. One of Our many goals here at ePokerFaces is to form a network of knowledge, shared goals, common interests, activities, plus many more. Please Note: While meeting strangers online is fun, exciting, and safe, common sense precautions should always be taken and practiced whenever arranging to meet any individual or group face to face for the first time. Also if at anytime You experience any unsecured feeling, do not hesitate to send Us an email along with all possible information at, abuse@epokerfaces.com. We have many opportunities available at ePokerFaces for anytype of individual or group interested in, establishing, advertising, promoting, you can also share, create, learn, and thats just a few to go along with the many more possibilities, It's all up to You, Your strong mindset and personal enthusiasm. Start by registering with Us and becoming a Member, browse around and see what You think You would like to get involved in. We have many social networking tools available to go along with anyones forte. While browsing ePokerFaces You may soon realize We are in many ways considered very similar to other popular social networking sites, including Facebook and MySpace, just to name a couple. Also, if You happen to decide at any time You would like to cancel and delete Your ePokerFaces account, You can do so at any time with ease and piece of mind. The ePokerFaces Service is hosted in the United States of America, and operated out of NYC.This legal Agreement is made between You and Us ("Agreement"). Please read this Agreement carefully before accessing, browsing, using or registering for the Service. By registering for the Service, You become a Member (a "Member"), and You agree to be bound by the Terms of Use of this Agreement for as long as You continue to be a Member of the Service. IF YOU DO NOT AGREE WITH THE TERMS OF USE OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS OF USE OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME WITHOUT NOTICE. ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. IF CHANGES ARE MADE, THEY WILL BE POSTED ON THIS PAGE AND WE WILL INDICATE AT THE TOP LEFT OF THIS PAGE THE DATE TO WHICH THESE TERMS OF USE WERE LAST UPDATED. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE TERMS OF USE PAGE TO DETERMINE IF THERE HAVE BEEN CHANGES AND TO REVIEW SUCH CHANGES, THANK YOU. In this Agreement the following words have the following meanings unless the context requires otherwise:“Agreement” means the Agreement between You and Us incorporating these Terms of Use for the provision of the Service, as amended from time to time in accordance with the Terms of Use set forth herein;“We, Us, Our” means the Service; the Site; the Company; the Owners of www.epokerfaces.com.“You, Your, Yourself, Visitor, User, Users” means the person who accesses and browses the ePokerFaces website or the person who registers for the Service, accepts the Terms of Use of this Agreement and whose registration for Membership of the Service is accepted by Us.“Member, Members” means the person who registers for the Service, accepts the Terms of Use of this Agreement and whose registration for membership of the Service is accepted by Us.EligibilityBy becoming a Member, You represent and warrant that You are at least 18 years of age or over. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the Terms of Use of this Agreement. Your membership for the Service is for Your personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.Registration DataTo become a Member, You must register for the Service. In consideration of Your use of the Service, You, (a) agree to provide truthful, accurate, current and complete information about Yourself as prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of Your password and identification; (c) maintain and update Your Registration Data, and any other information You provide, in order to keep it truthful, accurate, current and complete; (d) You agree that We may rely on Your Registration Data as truthful, accurate, current and complete; and (e) be fully responsible for all use of Your account and for any actions that take place using Your account.Proprietary RightsYou represent and warrant to Us that all information posted in Your profile including all content on the Site and available through the Service, including all designs, text, graphics, pictures, video, information, applications, software, music, sound, games and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its Users or its licensor's with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to Your own User Content that You legally post on the Site. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Except for Your own User Content, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication or otherwise. This license is revocable at any time without notice and with or without cause.Account SecurityYou agree to select a User password ("User Password") that is unique and entirely different from Your User name ("User Name") when registering for the Service. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use for Your User Password personal information such as portions of Your address, phone number, User name, or Your name or any simple words that might be guessed. You agree that You will never divulge or share Your User Name or User Password with any third person or entity for any reason. You agree not to allow anyone else to access or use Your Membership account or provide them with Your login information to do so. If You do so, We cannot protect Your personal information in Your membership account against compromise or theft.IndemnificationYou agree to indemnify, defend, and hold Us, and Our officers, directors, shareholders, employees, suppliers, agents, contractors, subsidiaries, affiliates, and each of their assignees, and any third parties harmless, for any losses, liabilities, claims, damages, costs and expenses, including any attorneys' fees relating to or arising out of Your use or attempted use of the Service.Online ContentOpinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors. Such authors are solely responsible for such content. ALTHOUGH ANY SUCH INFORMATION CAN BE ACCEPTED BY THE USER, WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.Member ConductYou represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.We are entitled, but not obligated to investigate and if deemed necessary terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive list of the types of actions that are illegal or prohibited under this Agreement. You Agree Not To:harvest or collect email addresses or other contact information from ePokerFaces Members and/or other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;use automated scripts to collect information from or otherwise interact with the Service or the Site;upload, post, transmit, share, store or otherwise make available any content that We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; exploit people in a sexual or violent manner; contain nudity, excessive violence, or offensive subject matter or contains a link to an adult website; impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized solicitations, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; covering or obscuring the banner advertisements on Your personal profile page, or any ePokerFaces page via HTML/CSS or any other means; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;upload, post, transmit, share or otherwise make available any material 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; intimidate or otherwise harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;use or attempt to use another's account, Service or system without authorization from the Company, or create a false identity on the Service or the Site.upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.Intellectual PropertyAll intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.User Content Posted on the SiteYou are solely responsible for the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that You upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any User Content You post or store on the Site or provide to the Company.When You post User Content to the Site, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub licenses of the foregoing. You may remove Your User Content from the Site at any time. If You choose to remove Your User Content, the license granted above will automatically expire, however You acknowledge that the Company may retain archived copies of Your User Content. ePokerFaces does not assert any ownership over Your User Content; rather, as between Us and You, subject to the rights granted to Us in these Terms, You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content.Copyright PolicyWe respect the intellectual property rights of others and We prohibit Users from uploading, posting or otherwise transmitting on the ePokerFaces website or the Service any materials that violate another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of any repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written email notification of such infringement to the Company at, support@epokerfaces.com.Repeat Infringer PolicyIn accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, Members who are deemed to be repeat infringers. the Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.TerminationThe Company may terminate Your membership, delete Your profile and any content or information that You have posted on the Site or through any Application and/or prohibit You from using or accessing the Service or the Site or any Application (or any portion, aspect or feature of the Service or the Site or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if the Service believes that You are under 18 years of age. When and if We are notified of the unfortunate death to one of Our Members, We will generally, but are not obligated to, keep that Members account active for a period of time determined by Us in order to allow other Members and Friends to continue and post comments, and to view any comments.DisclaimersAlthough each Member must agree to Our Terms of Use Agreement, We cannot guarantee that each Member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by ePokerFaces, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. We do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.THE SITE, THE SERVICE, ANY APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OF ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.Limitation of LiabilityIN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.