THIS DISCLAIMER AND TERMS OF SERVICE
AGREEMENT ("AGREEMENT")
CONSTITUTES A LEGAL AGREEMENT
BETWEEN YOU ("USER") AND
GRANNYPOKERS
("GRANNYPOKERS") AND
DESCRIBES THE TERMS AND PROVISIONS
APPLICABLE TO YOUR USE OF
PROPRIETARY SITES AND SERVICES
WITHIN THE DOMAIN AND SUB-DOMAINS OF
GRANNYPOKERS.COM
("SERVICES") AND ANY
FUNCTIONS TO BE PERFORMED THEREBY.
YOU MUST READ, AGREE WITH, AND
ACCEPT ALL OF THE TERMS AND
PROVISIONS CONTAINED IN THIS
AGREEMENT, INCLUDING THE TERMS AND
PROVISIONS EXPRESSLY SET FORTH BELOW
AND THOSE INCORPORATED BY REFERENCE,
BEFORE YOUR USE OF THE SERVICES IS
AUTHORIZED. THE ABOVE NAMED PARTIES
ARE HEREIN REFERRED TO SINGULARLY AS
A "PARTY" AND COLLECTIVELY
AS "PARTIES".
THIS AGREEMENT WILL BE GOVERNED BY
THE ELECTRONIC SIGNATURES ACT. YOU
HEREBY AGREE TO BE BOUND BY THE
TERMS AND PROVISIONS CONTAINED IN
THIS AGREEMENT BY SELECTING "I
AGREE" AND CLICKING THE
APPROPRIATE BUTTON BELOW OR BY ANY
ACCESS, VIEWING, OR USE OF THE
SERVICES. IF YOU DO NOT AGREE, YOU
MUST SELECT "I DISAGREE"
AND NOT ACCESS, VIEW, OR USE ANY
PART OF THE SERVICES.
1. Ownership and Intellectual
Property
1.1 "User Materials" is
defined as any information, data,
content, or materials you provide
(directly or indirectly) to
GrannyPokers or other Users. User
Materials include information you
submit, transfer, post, or deliver
to the Services, including without
limitation, data, information, email
addresses, User Accounts, User
Accounts, and passwords, as well as
any other information resulting from
or produced by your use of the
Services obtained by GrannyPokers.
Users are solely responsible for
User Materials, and you hereby agree
that GrannyPokers acts as a passive
means for the online storage,
distribution, and publication
thereof.
1.2 Other than User Materials, all
information included within or
available via the Services, such as
data, information, processes,
procedures, methods, advertisements,
articles, publications, text,
graphics, logos, icons, images,
audio, videos, software, and other
analog or digital information in any
media, now known or later developed
(collectively the
"Content"), is the
property of GrannyPokers or its
licensors and is protected by
copyright, trademark, patent, or
other intellectual and proprietary
rights.
1.3 The compilation, meaning the
collection, arrangement, and
assembly, of all Content via the
Services are the exclusive property
of GrannyPokers or its licensors ,
and is protected by copyright,
trademark, patent, or other
intellectual and proprietary rights.
All software used via the Services
are the property of GrannyPokers or
its licensors and is protected by
copyright, patent or other
intellectual and proprietary rights.
1.4 All elements of the Services,
including without limitation, the
general design and Content, are
protected by trade dress, moral
rights, copyright, trademark,
patent, or other intellectual and
proprietary rights. Except as
explicitly permitted under this or
another agreement with GrannyPokers
or one of its respective licensors ,
no portion or element of this
Services or its Content may be
copied or retransmitted via any
means, and this Services, its
Content, and all related rights will
remain the exclusive property of
GrannyPokers or its licensors unless
otherwise expressly agreed.
1.5 User may not reproduce, resell
or sublicense the Services without
the express prior written consent of
GrannyPokers. User will not use the
Services for any other purpose or
for the benefit of any of its
affiliates or any third party except
as expressly authorized in advance
in writing by GrannyPokers. User may
not make any derivative works or
other products or software based in
whole or in any part on the
Services. User may not modify the
Services, Services, or the
documentation for its own use or for
the use of any other person or
entity.
1.6 The Services are copyrighted by
GrannyPokers and all websites, html
code, and documents printed or
generated by the Services or
contained in the documentation are
covered by the copyright notice and
the restrictions on reproduction,
publication, and distribution
contained in this Agreement apply.
User will not remove or alter any
copyright notice contained in or
generated by the Services.
1.7 You agree that you will not use
any robot, spider, other automatic
device, or manual process to monitor
or copy any portion of the Services
contained herein without the prior
express written permission of
GrannyPokers. You agree that you
will not use any device, software,
or routine to bypass any operational
element, or to interfere or attempt
to interfere with the proper working
of the Services, server, or
activities conducted therein. You
agree that you will not take any
action that imposes an unreasonable
or disproportionately large load on
Services or network infrastructure.
1.8 Much of the Content is updated
on a real time basis and is
proprietary or licensed to
GrannyPokers by its Users or
licensors . You agree that you will
not copy, reproduce, alter, modify,
create derivative works, or publicly
display any Content, except for User
Materials, without the prior express
written permission of GrannyPokers
or respective GrannyPokers.
1.9 "GrannyPokers" and any
accompanying logos, alone or in
conjunction with any text, are
trademarks and service marks of
GrannyPokers and are in use,
registered, or pending in certain
countries. GrannyPokers retains all
right, title, and interest in and to
its trademarks, service marks,
domain names, Internet sites, and
trade names worldwide (collectively
the "Marks"). You agree to
use the Marks only with the prior
express written permission of
GrannyPokers, and then only in the
manner authorized. You may not
alter, modify, or change the Marks
in any way under any circumstances.
1.10 Subject to the terms and
provisions of this Agreement,
GrannyPokers grants a limited
license to you to make personal use
of the Services only for their
intended purposes. This license
expressly excludes any resale or
making a derivative of the Services,
the collection and use of other
Users' personal information,
email addresses, User Materials, or
any data extraction or data mining
whatsoever, except with the prior
express written permission of the
respective owner. You may not repost
or otherwise reuse or distribute
materials created by or resulting
from using the Services.
1.11 You may not use, export, or
re-export the Content or Services at
this Services or any copy or
adaptation thereof in violation of
any applicable law or regulation,
including without limitation, United
States export laws and regulations.
1.12 You agree to take all action
and cooperate, at GrannyPokers'
request, to protect
GrannyPokers' right, title, and
interest in any property, and agree
to execute any documents necessary
to perfect GrannyPokers'
ownership of such right, title, and
interest.
1.13 Nothing in this Agreement
grants either Party ownership or
other rights except in accordance
with the terms of this Agreement.
2. Services License and Use of
the Services
2.1 Subject to the terms and
provisions of this Agreement,
GrannyPokers hereby grants to User a
non-exclusive, non-transferable,
non-sublicensable license to use and
operate the Services in conjunction
with the operation and function of
the Services in accordance with the
documentation.
2.2 The license granted in this
Section extends to the Services in
executable code form as its exists
as an integral part of the Services
only and not to source code.
GrannyPokers does not grant, and
User does not obtain under this
Agreement, any right to distribute,
sell, or sublicense the Services in
any form. Except as provided herein,
GrannyPokers grants no rights or
licenses to User, by implication,
estoppel, or otherwise, in or to the
Services or any intellectual
property rights therein. User
acknowledges that no right or
license in or to any source code or
technical-level documentation is
granted under this Agreement.
GrannyPokers reserves all rights not
expressly granted to User hereunder.
2.3 User acknowledges that use of
the Services is limited to the scope
of the license granted under this
Section and that this Agreement does
not permit the User to use the
Services other than as provided
herein. User acknowledges that the
Services and its structure,
organization, and source code
constitute valuable trade secrets of
GrannyPokers and its suppliers.
Without GrannyPokers' prior
written consent, User will not
knowingly or negligently permit
other individuals or entities to:
(A) use or copy the Services except
in strict accordance with the terms
and provisions of this Agreement;
(B) modify, translate, alter, adapt,
reverse engineer, decompile,
disassemble (except to the extent
applicable laws specifically
prohibit such restriction),
reproduce, distribute or display, or
create derivative works,
compilations or collective works
based on the Services;
(C) apply any process, technique or
procedure to ascertain or derive the
source code to the Services, which
is a valuable trade secret of
GrannyPokers;
(D) merge the Services with any
other software; publish or provide
any results of benchmark tests run
on the Services to a third party;
(E) sublicense, rent, lease, grant a
security interest in, or otherwise
transfer rights to the Services
except as specifically permitted
herein;
(F) use the Services to operate in
or as a time-sharing, outsourcing,
or service bureau environment other
than for User's own internal
use; or
(G) in any way allow
third-party access to the Services.
2.4 The Services are available only
to individuals who can form legally
binding contracts under applicable
law. Without limiting the foregoing,
the Services are not available to
minors or to temporarily or
indefinitely suspended Users. If you
are a minor, you can use this
service only in conjunction with
your parents or guardians. If you do
not qualify, do not access or use
the Services.
2.5 To use the Services, you
must accept the terms and provisions
contained in this Agreement on
behalf of yourself or the
corporation, partnership, or other
legal entity that will be using the
Services. By accepting this
Agreement, you represent that you
are:
(A) eighteen (18) years of age
or older, or twenty-one (21) years
of age or older in places where
eighteen (18) years of age is not
the age of majority; and
(B) if applicable, you are
authorized to sign for and bind the
corporation, partnership, or other
legal entity that will be using the
Services.
2.6 User Accounts or User
Accounts may not be transferred or
sold to another party. If you are
registering as a business entity,
you represent that you have the
authority to bind the entity to this
terms and provisions contained in
this Agreement.
2.7 You agree to comply with all
applicable local, state, federal,
and international laws and
regulations related to use of the
Services.
2.8 You may not use the Services to
engage in fraud or other illegal
activity, or to infringe the
intellectual property rights of
GrannyPokers or third parties. If
you believe that a User of this
Services has infringed on materials
protected by copyright, trademark,
or patent law, contact
grannypokers@protonmail.com.
2.9 You agree to comply with the
terms and provisions of all
agreements you have with any third
parties, as such terms and
provisions relate to use of the
Services.
2.10 In consideration for the
Services to be provided by
GrannyPokers to User hereunder, User
agrees to comply with, and
GrannyPokers will invoice User in
accordance with, the applicable
GrannyPokers Price List, the terms
and provisions of which are
incorporated herein by reference. A
current version of the GrannyPokers
Price List for any respective
GrannyPokers site is maintained at
the respective GrannyPokers site
URL.
2.11 Except as the Parties
specifically agree in writing, You
will be solely responsible for the
selection, implementation, and
performance of all third party
equipment, software, and
telecommunication equipment and
services, including without
limitation, Internet email
connectivity and Internet services
used in connection with the
Services. You are responsible for
ensuring that the email system and
computer with which you choose to
operate the Services and products
thereof, including without
limitation, data or information
generated by or resulting from the
operation of the Services, meets
GrannyPokers' minimum standards
for interoperability, including
without limitation, processing
speed, memory requirements, choice
of email server and client software,
and use of dedicated Internet access
for accessing Internet email.
2.12 User Accounts allow trial
access to limited and restricted
Services and Content. Unlimited and
unrestricted access to the Services
and Content requires an upgrade to a
Full User Account according to the
monthly fee schedule. TRIAL ACCESS
USER ACCOUNTS WILL ONLY ALLOW ACCESS
TO A LIMITED AREA OF THE SITE. IN
ORDER TO ACCESS THE FULL AMOUNT OF
SERVICES AND CONTENT AVAILABLE
WITHIN THE SITE, USERS MUST UPGRADE
TO A FULL USER ACCOUNT.
3. User Materials
3.1 User Materials, or any items
included therein:
(A) will not be false, inaccurate,
or misleading;
(B) will not be fraudulent or
involve the sale of counterfeit or
stolen items;
(C) will not infringe any third
party's intellectual property,
copyright, patent, trademark, trade
secret, publicity rights, privacy
rights, or other proprietary rights;
(D) will not violate any local,
state, federal, or international law
or regulation, including without
limitation, those governing export
control, consumer protection, unfair
competition, anti- discrimination,
false advertising, deceptive
practices, or securities
transactions;
(E) will not be defamatory,
libelous, unlawfully threatening, or
unlawfully harassing;
(F) will not be obscene, contain
child pornography, harmful to
minors, or be distributed to people
not legally permitted to receive
such content;
(G) will not create liability for
GrannyPokers or cause it to lose, in
whole or in part, the Services, its
Internet Service Provider, hosting
server, or other suppliers;
(H) will not violate the terms and
provisions of any agreements you
have with any third parties as such
relate to your use of the Services;
and
(I) will not contain any virus,
Trojan Horse, worm, time bomb,
cancelbot, robot, spider, monitor,
or other computer programming
routines that are intended to
damage, detrimentally interfere
with, surreptitiously intercept,
record, or expropriate any system,
data, or personal information.
3.2 You will only use the Services
solely for purposes related to the
Services.
3.3 By entering into this Agreement
you grant GrannyPokers a
non-exclusive, worldwide, perpetual,
irrevocable, royalty-free,
sublicensable (through multiple
tiers) right, including a waiver of
any applicable moral rights, to
exercise the copyright and publicity
rights you have in your User
Materials, in any media now known or
later developed, solely for purposes
related to providing the Services.
You represent and warrant that you
have the authority to grant such
license and that the holder of any
intellectual property or other
proprietary rights in your User
Materials has licensed, assigned, or
waived such holder's rights to
the extent necessary to grant the
license.
3.4 Any communications or materials
you transmit to GrannyPokers by
electronic mail or otherwise may be
used by GrannyPokers, its
affiliates, or licensors for any
purpose, including without
limitation, reproduction,
disclosure, display, performance,
transmission, publication,
broadcast, and posting. Furthermore,
GrannyPokers and its affiliates and
licensors are free to use any ideas,
concepts, know-how, hypothesis,
premise, or technique contained in
any such communication for any
purpose whatsoever, including
without limitation, developing,
manufacturing, and marketing
products or services.
3.5 GrannyPokers reserves the right
to access, monitor, remove, or
disable access to any User Materials
at any time in its sole and absolute
discretion.
4. Warranty Disclaimer
4.1 EXCEPT AS SPECIFICALLY PROVIDED
OTHERWISE IN THIS AGREEMENT, YOU
ACKNOWLEDGE AND AGREE THAT USE OF
THE SERVICES, SERVICES, SITE,
CONTENT, OR ANY MATERIALS CONTAINED
THEREIN OR CONSTITUTING A PART
THEREOF ARE AT YOUR OWN RISK AND
THAT GrannyPokers, ITS AFFILIATES,
GrannyPokersS, AND SUPPLIERS PROVIDE
THE SERVICES AND CONTENT "AS
IS" AND "AS
AVAILABLE", WITHOUT ANY
EXPRESS, IMPLIED, OR STATUTORY
WARRANTIES, REPRESENTATIONS,
ENDORSEMENTS, OR CONDITIONS.
GrannyPokers, ITS AFFILIATES,
GrannyPokersS, AND SUPPLIERS
SPECIFICALLY DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION:
(A) ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT;
(B) THAT THE SERVICES, CONTENT, OR
ANY MATERIALS CONTAINED THEREIN OR
CONSTITUTING A PART THEREOF WILL
MEET ANY REQUIREMENTS OR WILL BE
AVAILABLE, ACCURATE, RELIABLE,
CORRECT, USEFUL, TIMELY,
UNINTERRUPTED, SECURE, OR FREE FROM
DEFECTS OR ERROR, INCLUDING WITHOUT
LIMITATION, TRANSMISSION OR
RECEPTION OUTAGES, BLOCKAGES,
WEAKNESSES, STATIC, VIRII, WORMS,
TROJAN HORSES, MALICIOUS CODE, OR
OTHER HARMFUL COMPONENTS OR EVENTS;
(C) ANY IMPLIED WARRANTY
ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE; AND
(D) ANY OBLIGATION, LIABILITY,
RIGHT, CLAIM, OR REMEDY IN TORT,
WHETHER OR NOT ARISING FROM THE
NEGLIGENCE OF GrannyPokers, ITS
AFFILIATES, GrannyPokersS, OR
SUPPLIERS.
4.2 While reasonable efforts are
made to ensure the accuracy,
correctness, and reliability of the
Services, GrannyPokers makes no
representations or warranties as to
the accuracy, correctness, and
reliability of the Services, which
may be out of date. GrannyPokers
makes no commitment to update the
Services.
4.3 GrannyPokers does not guarantee
continuous, uninterrupted, or secure
access to the Services, and
operation may be interfered with by
numerous factors beyond its control.
4.4 The Services is provided
"as is" and "with all
faults" and the entire risk as
to the satisfactory quality,
performance, accuracy, and effort is
with the User.
4.5 GrannyPokers may provide links
to third party sites. Links to third
party sites are provided solely as a
convenience. Use of such links will
cause the User to leave the
Services. GrannyPokers does not
review or control any third party
sites, and does not endorse, make
any representations regarding, and
is not responsible for any content,
services, information, software,
products, or materials found
therein, nor any loss or results
suffered in relation to use of the
third party site. Access of any
third party site via the
GrannyPokers domain or sub-domain is
entirely at the User's own
risk. You hereby waive any and all
claims against GrannyPokers
regarding the inclusion of links to
third party sites and your use of
those sites.
4.6 Some states and foreign
countries do not permit the
exclusion or limitation of implied
warranties. Therefore, some or all
of the above limitations may not
apply to the extent they are
prohibited or superseded by state or
national provisions. There may also
be other legal rights which vary
from state to state.
4.7 No representative, agent,
employee, or other person is
authorized to make any
modifications, extensions, or
additions to any warranty or
disclaimer contained herein.
5. Limitation of
Liability
5.1 EXCEPT AS SPECIFICALLY STATED IN
THIS AGREEMENT OR ELSEWHERE VIA THE
SERVICES, OR AS OTHERWISE REQUIRED
BY APPLICABLE LAW, NEITHER
GrannyPokers NOR ITS SUCCESSORS,
ASSIGNS, AFFILIATES, GrannyPokersS,
OR SUPPLIERS, NOR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR CONSULTANTS, OR ANY
OTHER THIRD PARTY MENTIONED AT THE
SERVICES WILL BE LIABLE FOR DAMAGES
OF ANY KIND WHATSOEVER, INCLUDING
WITHOUT LIMITATION:
(A) THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS
INTERRUPTION;
(B) DIRECT, INDIRECT, COMPENSATORY,
CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF THE RELIANCE ON OR
USE, MISUSE, INABILITY TO USE,
RESULTS OF USE, OR PERFORMANCE OF
THE SERVICES AND ANY THIRD PARTY
SERVICESS LINKED TO FROM THE
SERVICES, OR THE MATERIALS,
INFORMATION, MISTAKES, OMISSIONS,
INTERRUPTIONS, ERRORS, DEFECTS,
DELAYS IN OPERATION, TRANSMISSION,
OR FAILURE THEREOF, OR LINKS
CONTAINED AT ANY OR ALL SUCH
SERVICESS, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES; OR
(C) ANY LOSSES, CLAIMS, DAMAGES,
EXPENSES, LIABILITIES, OR COSTS,
INCLUDING LEGAL OR ATTORNEYS'
FEES, RESULTING DIRECTLY OR
INDIRECTLY OUT OF, OR OTHERWISE
ARISING IN CONNECTION WITH, ANY
ALLEGATION, CLAIM, SUIT, OR OTHER
PROCEEDING BASED UPON A CONTENTION
THAT USE OR ACCESS OF THE SERVICES,
CONTENT, OR ANY MATERIALS CONTAINED
THEREIN, INCLUDING CONTENT AND
MATERIALS SUPPLIED BY YOUR OR A
THIRD PARTY, INFRINGES THE
COPYRIGHT, PATENT, TRADEMARK, TRADE
SECRET, CONFIDENTIALITY, PUBLICITY,
PRIVACY, OR OTHER INDUSTRIAL,
CONTRACTUAL, OR INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD PARTY.
THIS LIMITATION APPLIES TO THE ACTS,
OMISSIONS, NEGLIGENCE, AND GROSS
NEGLIGENCE OF GrannyPokers, ITS
SUCESSORS, ASSIGNS, AFFILIATES,
GrannyPokersS, OR SUPPLIERS,
TOGETHER WITH ALL OF THEIR
RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND CONSULTANTS WHICH,
BUT FOR THIS PROVISION, WOULD GIVE
RISE TO A CAUSE OF ACTION AGAINST
GrannyPokers IN CONTRACT, TORT, OR
ANY OTHER LEGAL DOCTRINE. YOUR SOLE
AND EXCLUSIVE REMEDY REGARDING ANY
OF THE FOREGOING IS TO DISCONTINUE
USE OF THE SERVICES, CONTENT, AND
ANY MATERIALS CONTAINED THEREIN.
5.2 If your use of the Services
results in the need for servicing,
repair or correction of equipment or
data, you assume all costs thereof.
5.3 The aggregate liability of
GrannyPokers, its suppliers, or
distributors to you or any third
parties in any circumstance is
limited to one-hundred United States
dollars ($100).
5.4 Some United States states and
foreign countries do not permit the
exclusion or limitation of
incidental or consequential damages.
Therefore, some or all of the
limitations above may not apply to
you to the extent they are
prohibited or superseded by state or
national provisions. You may also
have other legal rights which vary
from state to state.
5.5 In jurisdictions not allowing
the exclusion or limitation of
incidental or consequential damages,
the liability of GrannyPokers, its
successors, assigns, affiliates,
licensors , and suppliers, together
with all of their respective
officers, directors, employees, and
consultants will be limited to the
fullest extent permitted by
applicable law.
6. Indemnification
6.1 You hereby agree to defend,
indemnify, and hold harmless
GrannyPokers, its successors,
assigns, affiliates, licensors , and
suppliers, together with all of
their respective officers,
directors, employees, and
consultants from and against any and
all claims, civil and criminal
liability, judgments, penalties,
taxes, damages, and all costs and
expenses, including without
limitation, those arising out of or
relating to your use, misuse, or
inability to use the Services or any
materials, or any violation of this
Agreement or any local, state, or
federal law, regulation, or statute,
or any rights of any third parties,
including without limitation:
(A) any third party claim, action,
or allegation that the Services
infringe or violates any third
party's copyright, patent,
trade secret, trademark, right of
publicity, or right of privacy,
contains any defamatory content, or
violates any local, state, or
federal law, regulation, or statute,
including without limitation, any
claim of personal injury or product
liability;
(B) any fraud, manipulation, or
other breach of this Agreement or
other policies and agreements by
you;
(C) any third party claim, action,
or allegation brought against
GrannyPokers arising out of or
relating to a dispute with you over
the terms and provisions of an
agreement or related to the purchase
or sale of any goods or Services;
(D) your violation of any law or the
rights of a third party;
(E) your use, or GrannyPokers'
provision, of the Services or use of
your User Account by any third
party. GrannyPokers will have the
right to participate in its defense
and hire counsel of its choice, at
your expense. You will not settle
any action or claims on
GrannyPokers' behalf without
the prior written consent of
GrannyPokers; and
(F) reasonable attorneys' fees
resulting from any breach of any
warranty or representation under
this Agreement.
6.2 GrannyPokers reserves the right
to exclusively defend and control
any indemnification matters and you
hereby agree that you will fully
cooperate and assist in any such
defense.
7. Deactivation, Suspension, and
Termination
7.1 Without limiting other remedies,
GrannyPokers, in its sole and
absolute discretion, may terminate
this Agreement, deactivate, suspend,
or terminate your access to the
Services immediately without notice
for any reason, including without
limitation:
(A) infringement of the intellectual
property rights of GrannyPokers or
third parties;
(B) inability to verify or
authenticate any information you
provide to us;
(C) breach of any terms of this
Agreement or documents incorporated
by reference;
(D) breach of the applicable
GrannyPokers Price List; or
(E) the taking of any actions that,
in the sole judgment of
GrannyPokers, may cause financial
loss or legal liability for you,
GrannyPokers, or other Users.
7.2 In the event GrannyPokers
suspends or terminates your access
to the Services, you acknowledge
that you may be denied any further
access to any User Materials placed
on any GrannyPokers site or network
location.
8. Privacy
8.1 GrannyPokers is committed to
protecting User privacy and will
only use and disclose User
information in accordance with the
provisions of this Agreement.
8.2 GrannyPokers collects
information in different ways
throughout the various parts of its
Services. This information is used
to provide a customized experience
as you use the Services and,
generally, do not share this
information with third parties.
Personal information will only be
disclosed if your permission is
received beforehand or in very
special circumstances, such as when
GrannyPokers believes such
disclosure is required by law or
other special cases.
8.3 Users may be asked to provide
certain personal information when
they are assigned a User Account,
including name, address, telephone
number, email address, billing
information, and the type of
computer being used to access the
Services. The personal information
collected from Users during the User
Account assignment process is used
to manage User information and for
billing purposes related to
GrannyPokers. The personal
information collected from Users is
used to enable delivery, operation,
and maintenance of the Services,
including without limitation, to
provide accurate customer and
technical service, to respond to
inquiries and troubleshooting, to
ensure proper delivery of Content
and billing information, to provide
specific services as requested or
subscribed for, to protect the
security of the Services and network
resources, to ensure compliance with
local, state, or federal laws,
regulations, or statutes, to ensure
compliance with this Agreement and
other policies governing use of the
Services, and to maintain records.
This information is not shared with
third parties unless your permission
is received beforehand or in very
special circumstances, such as when
GrannyPokers believes that such
disclosure is required by law.
8.4 You must at all times maintain
the confidentiality of User Accounts
and passwords. If you are a
corporation or other legal entity,
you may allow employees to use User
Accounts and passwords, provided
that you are responsible for all
activity by such employees.
8.5 Permitting use of the Services
by a third party is prohibited and
is a violation of this Agreement. If
there is a breach of security
through your User Account, you must
immediately change your password and
also notify GrannyPokers. You will
be liable for any unauthorized use
of the Services until you notify us
of the security breach.
8.6 GrannyPokers may provide links
to third party sites where you can
purchase products and services or
register to receive materials, such
as catalogs or new product and
service updates. The third party
site may ask you to provide personal
information, such as name, address,
email address, phone number, and
credit/debit card information. If
you complete an order for someone
else, such as an online gift order
sent directly to a recipient, the
third party site may ask you to
provide personal information about
the recipient, such as the
recipient's name, address,
email address, and phone number.
GrannyPokers has no control over any
third party site's use of any
personal information you provide to
such third party site under any
circumstances. Please exercise
extreme care when providing personal
information to a third party site.
8.7 GrannyPokers may display online
advertisements and may share
aggregated and non-identifying
information about Users collected
via the Services, as well as through
online surveys and promotions with
these advertisers. Additionally, in
some instances, this aggregated and
non-identifying information is used
to deliver tailored advertisements.
GrannyPokers does not share personal
information about Users with these
advertisers.
8.8 When Users send email inquiries
to an email address within the
GrannyPokers.com domain, the return
email address is used to answer the
email inquiry. GrannyPokers does not
use the return email address for any
other purpose and does not share the
return email address with any third
party under any circumstances.
8.9 GrannyPokers may periodically
conduct User surveys. Users are
encouraged to participate in these
surveys because they provide
important information to assist in
improving the Services. Responses to
such surveys will remain strictly
confidential and participation is
voluntary.
8.10 Information received from
responses to User surveys may be
combined, or aggregated, with the
responses of other GrannyPokers
Users to create broader, generic
results to the survey questions. The
aggregated information may be used
to improve the quality of the
Services. This aggregated,
non-personally identifying
information may be shared with third
parties.
8.11 GrannyPokers does not to use or
share the personal information about
Users in ways unrelated to the ones
described above without also
providing you an opportunity to opt
out or otherwise prohibit such
unrelated uses. However,
GrannyPokers may disclose personal
information about Users, or
information regarding your use of
the Services or third party sites
accessible through the Services, for
any reason if GrannyPokers believes,
in its sole and absolute discretion
as permitted by law, that it is
legal, ethical, and reasonable to do
so in order to:
(A) satisfy laws, such as the
Electronic Communications Privacy
Act, regulations, or governmental or
legal requests for such information;
(B) disclose information that is
necessary to identify, contact, or
bring legal action against someone
who may be violating the terms and
provisions of this Agreement;
(C) operate the Services properly;
or
(D) protect the Services and its
Users.
8.12 A "cookie" is a small
data file that can be placed on your
computer's hard drive when you
visit certain Internet sites.
GrannyPokers may use cookies to
collect, store, and sometimes track
information for statistical purposes
to improve the Services and to
manage networks and systems. If you
have been assigned a User Account,
cookies are used to save your
settings and to provide customizable
and personalized Services. These
cookies do not enable third parties
to access any personal information.
Additionally, be aware that if you
visit third party sites where you
are prompted to log in or that are
customizable, you may be required to
accept cookies.
8.13 Advertisers, third parties, and
partners may also use their own
cookies. GrannyPokers does not
control use of these cookies and
expressly disclaims responsibility
for information collected through
them.
8.14 Protecting children's
privacy is especially important. It
is GrannyPokers policy to comply
with the Children's Online
Privacy Protection Act of 1998 and
all other applicable laws.
8.15 Please remember that any
information you may disclose in
public areas of the Services or the
Internet, becomes public
information. You should exercise
extreme care when deciding to
disclose personal information in
these public areas.
8.16 The Services has security
measures in place to protect the
loss, misuse, and alteration of the
information under its control. While
GrannyPokers makes every effort to
ensure the integrity and security of
its network and systems, it cannot
guarantee that these security
measures will prevent third-parties
from illegally obtaining this
information.
9. Confidentiality
9.1 Each Party will treat as
strictly confidential all
Confidential Information of the
other Party, and will not disclose
such Confidential Information to any
person or entity or use such
Confidential Information except as
contemplated herein or as otherwise
authorized in writing. Each Party
will implement procedures to
prohibit the unauthorized disclosure
or misuse of the other Party's
Confidential Information by its
agents, employees, and
representatives, and will not
intentionally disclose such
Confidential Information to any
third party except for the purposes
of this Agreement, and subject to
confidentiality obligations similar
to those set forth herein.
9.2 Notwithstanding the above,
neither Party will have liability to
the other with regard to any
Confidential Information of the
other which:
(A) was publicly available at the
time it was disclosed or becomes
publicly available through no fault
of the receiver;
(B) was known to the receiver,
without similar confidentiality
restriction, at the time of
disclosure;
(C) is disclosed with the prior
written approval of the discloser;
(D) is independently developed by
the receiver without any use of the
Confidential Information; or
(E) becomes known to the receiver,
without similar confidentiality
restriction, from a source other
than the discloser without breach of
this Agreement by the receiver.
9.3 In addition, each Party will be
entitled to disclose the
other's Confidential
Information to the extent required
by any order or requirement of a
court, administrative agency, or
other governmental body, provided
that the receiver will provide
prompt, advance written notice
thereof to the discloser and
cooperate with the discloser if the
discloser elects to seek a
protective order or otherwise
prevent such disclosure.
9.4 Nothing in this Agreement will
restrict each Party's rights to
assign or reassign its employees,
including without limitation those
who have had access to the other
Party's Confidential
Information, to any project in its
discretion.
10. Term
10.1 This Agreement will enter into
force on the date on which User
manifest their consent by selecting
"I Agree" and clicking the
appropriate button below or by any
access, viewing, or use of the
services, and will remain in force
for twelve (12) months thereafter.
This Agreement will automatically be
renewed for additional periods of
twelve (12) months, unless it is
terminated by either Party giving
one month written notice prior to
the expiration of the initial or any
additional term. GrannyPokers will
notify User of any changes in the
terms of this Agreement at least
thirty (30) days prior to the
expiration of the initial or any
additional terms.
10.2 If either Party defaults
in the performance of its material
obligations hereunder and if any
such default is not corrected within
thirty (30) days after it will have
been called to the attention of the
defaulting Party in writing by the
other Party, then the other Party,
at its option, may, in addition to
any other remedies it may have,
thereupon terminate this Agreement
by giving written notice of
termination to the other Party
10.3 If any amounts due under
this Agreement are not paid when
due, then GrannyPokers may, at its
option, without limiting
GrannyPokers' other available
remedies suspend its further
obligations to User under this or
any other agreement between the
Parties and, if such amounts remain
unpaid twenty (20) days after
receipt by User of written notice
from GrannyPokers that such amounts
are overdue, GrannyPokers may, in
its sole and absolute discretion,
terminate this Agreement immediately
and without further notice.
11. Governing Law and Dispute
Resolution
11.1 This Agreement will be
interpreted, construed and governed
by the laws of the State of
Washington, United States of
America, without reference to its
laws relating to conflicts of law
and not including the provisions of
the 1980 United Nations Convention
on Contracts for the International
Sale of Goods.
11.2 Venue for all disputes arising
under this Agreement will lie
exclusively in Lynden, Washington.
11.3 You agree that any and all
disputes, claims, or controversies
arising from or relating to this
Agreement or the breach,
termination, or validity thereof
which cannot be resolved informally
will be resolved individually,
without resort to any form of class
action or consolidation in any
arbitration with any dispute, claim,
or controversy of any other party,
and will be submitted to binding
arbitration in accordance with the
commercial rules of the American
Arbitration Association then in
effect.
11.4 The arbitration panel will
consist of one (1) neutral
arbitrator if the amount in
controversy is less than
twenty-thousand United States
Dollars ($20,000.00), otherwise the
panel will consist of three (3)
neutral arbitrators, each an active,
licensed attorney with at least five
(5) years of experience in the
primary area of the law as to which
the dispute relates.
11.5 The arbitration will be in the
English language in Lynden,
Washington.
11.6 The arbitration panel will
determine issues of arbitrability
but may not limit, expand, or
otherwise modify the terms and
provisions contained herein.
11.7 Any award made pursuant
to this section:
(A) will be a bare award
limited to a holding for or against
a Party and affording such remedy as
is deemed equitable, just, and
within the scope of this Agreement;
(B) will be without findings
as to issues, including without
limitation, copyright, trademark, or
patent validity or infringement, or
a statement of the reasoning on
which the award rests:
(C) may, in circumstances
other than patent disputes, include
injunctive relief;
(D) will be made within four
(4) months of arbitration panel
appointment; and
(E) may be entered in any court of
competent jurisdiction.
11.8 The requirement for arbitration
will not be deemed a waiver of any
right of termination under this
Agreement and the arbitration panel
is not empowered to act or make any
award other than based solely on the
rights and obligations of the
Parties prior to any such
termination.
11.9 Each Party will bear its own
expenses, but those related to the
compensation and expenses of the
arbitration panel will be borne
equally.
11.10 The arbitration panel will not
have authority to award punitive or
damages in excess of compensatory
damages, and each Party irrevocably
waives any claim thereto.
11.11 The Parties, their
representatives, participants, and
the arbitration panel will hold the
existence, content, and result of
the proceedings in confidence.
11.12 Notwithstanding the foregoing,
GrannyPokers reserves and will have
the sole and exclusive right to
commence and prosecute any legal or
equitable action or proceeding
before any court of competent
jurisdiction, whether in the United
States or in a foreign country, to
collect any fees, recover damages
for, or obtain injunctive or other
relief relating to the Services, its
operation, or intellectual property
if, in the sole opinion of
GrannyPokers, such action is
necessary or desirable.
(A) You hereby consent and agree to
irrevocably submit to the exclusive
personal jurisdiction of such
courts, accept service of process by
mail, and irrevocably waive any
available jurisdictional, venue, or
inconvenient forum objections to
such court.
(B) You hereby agree that such
action will not be deemed a waiver
of the obligation to arbitrate.
11.13 In the event you file an
action contrary to the foregoing
provisions, GrannyPokers may recover
attorney's fees and costs up to
five-thousand Unites States Dollars
($5,000).
12. General
Provisions
12.1 No action of GrannyPokers,
other than an express written waiver
or amendment, may be construed as a
waiver or amendment of any of this
Agreement.
12.2 Should any clause of this
Agreement be found unenforceable,
wherever possible this will not
affect any other clause and each
will remain in full force and
effect.
12.3 You agree that this Agreement
and all incorporated agreements may
be automatically assigned by
GrannyPokers, in its sole and
absolute discretion, to a third
party in the event of a merger or
acquisition.
12.4 Headings are for reference
purposes only and in no way define,
limit, construe, or describe the
scope or extent of such section.
12.5 Any failure to act with respect
to a breach of the terms and
provisions of this Agreement does
not waive any right by GrannyPokers
to act with respect to subsequent or
similar breaches.
12.6 All provisions of this
Agreement that by their nature
should survive termination will
survive termination, including
without limitation, provisions
related to intellectual property,
warranty disclaimers, general
releases, limitations of liability,
indemnity, arbitration, governing
law, and the general provisions.
12.7 You also may be subject to
additional terms and provisions that
may apply when you use affiliate or
third party services, sites,
content, or software.
12.8 Should GrannyPokers prevail in
any action or proceeding to enforce
rights under this Agreement, it will
be entitled to recover its costs and
attorneys' fees from you.
12.9 You agree that you are subject
to the terms and provisions
contained in this Agreement and any
additional policies applicable to
the Services, which may be posted
from time to time. All such posted
policies or rules are effectively
immediately upon posting and are
hereby incorporated by reference
into this Agreement.
12.10 The provisions of this
Agreement will be binding upon and
will inure to the benefit of the
Parties, their heirs,
administrators, successors, and
assigns.
12.11 You may not assign this
Agreement or the rights and
obligations hereunder to any third
party under any circumstances.
12.12 You will be solely responsible
for all costs and expenses incurred
arising out of or relating to this
Agreement.
12.13 You acknowledge and agree that
if you are located in any United
States or international jurisdiction
where any common, statutory,
regulatory, codified, or other law,
rule, or regulation makes accessing
the Services or any materials
contained therein inappropriate,
illegal, or subject to consents or
permissions that you have not
obtained, or voids this Agreement in
whole or in part, then you are not
authorized to access the Services or
any materials contained therein.
12.14 The Services contain features
that may allow User to collect data
from, control, or monitor computers
running the Services. User hereby
agrees to hold GrannyPokers harmless
from and against any damages,
claims, losses, settlements,
attorney's fees, and other
expenses related to any such
activities.
12.15 User acknowledges and agrees
that the Services are not intended
for use with any high risk or strict
liability activity and GrannyPokers
makes no warranty and will have no
liability arising from any use of
the Services in any high risk or
strict liability activities.
12.16 User acknowledges that the
laws and regulations of the United
States restrict certain export and
re-export of commodities and
technical data of United States
origin, including the Services. User
agrees that it will not export or
re-export the Services in any form.
12.17 The Section headings in this
Agreement are solely for convenience
and will not be considered in its
interpretation. Any applicable
GrannyPokers Price List is
incorporated herein as if set forth
herein in full. This Agreement has
been reviewed and negotiated by the
parties, and each party has had the
opportunity to review this Agreement
with counsel of its own choosing.
Accordingly, this Agreement will not
be construed strictly for or against
either party. Pronouns used in this
Agreement will be construed to
include the masculine, feminine or
neuter, as the identity of the
antecedent may require.
12.18 Each Party acknowledges that
its material breach of this
Agreement including, without
limitation, unauthorized disclosure
or use of the other Party's
Confidential Information, will cause
irreparable harm and significant
injury to the Party which may be
difficult to ascertain and that a
remedy at law would be inadequate.
Accordingly, each Party agrees that
the other Party will be entitled to
immediate injunctive relief to
enforce obligations under this
Agreement in addition to any other
rights and remedies it may have at
law or in equity.
13. Revision, Amendment, and
Notice
13.1 GrannyPokers reserves the right
to amend or revise this Agreement
and any terms and provisions
incorporated by reference herein at
any time and in any manner. Amended
or revised terms and provisions will
be effective immediately. Users will
be notified of any such revision or
amendment as provided herein. This
Agreement may not otherwise be
amended or revised except in a
writing signed by both parties.
13.2 GrannyPokers reserves the right
to revise the Services, Content,
information, materials, and
available contractual license terms
featured via the Services without
notice.
13.3 Except as explicitly stated
otherwise, any notice required
according to this Agreement will be
given as follows:
(A) Notice to GrannyPokers: via
email to
grannypokers@protonmail.com.
(B) Notice to Users: via
GrannyPokers
or email to the address provided
during the registration process.
13.4 Notice will be deemed given
twenty-four (24) hours after any
HTTP document is posted or after any
email is sent, unless the sending
Party is notified that the email
address is invalid. Alternatively,
notice may be sent via reputable
carrier to the address provided to
GrannyPokers during the registration
process. In such case, notice will
be deemed given three (3) days after
the date sent.
13.5 The designated agent for
service of notices pursuant to the
Digital Millennium Copyright Act is
as follows:
14.1 In the event that you have a
dispute with one or more Users or
users of third party sites, you
release GrannyPokers, its
successors, assigns, affiliates,
licensors , and suppliers, together
with all of their respective
officers, directors, employees, and
consultants from claims, demands and
damages, both actual and
consequential, of every kind and
nature, known and unknown, suspected
and unsuspected, disclosed and
undisclosed, arising out of, or in
any way connected with such
disputes.
14.2 GrannyPokers does not control
the information provided by other
Users or users of third party sites
that is made available through the
Services. You may find other
Users' information to be
offensive, harmful, inaccurate, or
deceptive. Please use caution,
common sense, and practice safe
online behavior when using the
Services. Please note that there are
also risks of dealing with underage
persons or people acting under false
pretense. Additionally, there may
also be risks dealing with
international trade and foreign
nationals.
14.3 If you are a California
resident, you waive California Civil
Code 1542, which states: "A
general release does not extend to
claims which the creditor does not
know or suspect to exist in his
favor at the time of executing the
release, which if known by him must
have materially affected his
settlement with the debtor."
15. No Relationship or
Agency
15.1 No agency, partnership, joint
venture, employee-employer, or
franchisor-franchisee relationship
is intended or created herein.
16. Force Majeure
16.1 Neither you nor GrannyPokers
will be liable for, or will be
considered to be in breach of or
default under this Agreement on
account of any delay or failure to
perform as required by this
Agreement as a result of any causes
or conditions that are beyond the
affected Party's reasonable
control that it is unable to
overcome through the exercise of
commercially reasonable diligence.
If any force majeure event occurs,
the affected Party will give written
notice to the other Party and will
use commercially reasonable efforts
to minimize the impact of the event.
17. Severability
17.1 If any court or other tribunal
of competent jurisdiction hereof
holds any term, clause, or provision
of this Agreement invalid or
unenforceable, then such term,
clause, or provision will be
eliminated, severed, or limited to
minimum extent necessary such that
this Agreement will otherwise remain
in full force and effect.
18. Entire Agreement
18.1 This Agreement and the terms,
clauses, and provisions hereof, as
well as those incorporated by
reference, constitutes the entire
understanding and agreement of the
Parties, and revokes and supersedes
all prior oral or written agreements
between GrannyPokers and the User
and is intended as a final
expression of their Agreement.
18.2 You agree that you are not
entering into this Agreement in
reliance on any statements,
representations, or promises other
than those contained herein.
18.3 This Agreement will take
precedence over any other documents,
incorporated herein or otherwise,
which may conflict with this
Agreement.
18.4 This Agreement will not be
modified or amended except in
writing signed by the Parties,
specifically referring to this
Agreement.