Please read the following legally binding agreement carefully and make sure you fully understand its contents. If you have any doubts about your rights and obligations resulting from entering into this agreement, consult legal counsel in your jurisdiction * NO PURCHASE NECESSARY – A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. * This agreement, including addendums, (collectively referred to as the “agreement”) sets out the terms and conditions of the agreement between you (the “player” or “you”) and Ruyo Games Limited (the “company” or “us” or “we”) in relation to your use of our online services (the “services”). As a user of this web site you are bound by the terms and conditions set out in this Agreement. Please read the following terms and conditions before using or installing any software (the “Software”) accompanied by this Agreement. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
1. Acceptance of Terms and Conditions of Use
By using this Website, creating an account and becoming a member you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions”). Please read the following Terms and Conditions carefully. If you do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website, or merely browsing this Website, you agree to and are bound by these Terms and Conditions.
2. General Terms
Definitions – The following terms shall have the following meanings in this agreement:
- “Site” shall mean our website(s)
- Section References. References to a “Section” shall be deemed references to an enumerated section of this agreement.
- Subsection References. References to a “Subsection” shall be deemed references to labeled Subsection of this agreement.
- Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
3. License Restrictions
You may not:
- permit other individual(s) to use the Software unless they agree to accept the terms of this Agreement
- copy the Software
- rent, lease, transfer, sublicense or otherwise transfer rights to the Software
- use the Software for any reason other than your private use. Commercial use is expressly prohibited.
4. Player Eligibility
Players located in the following jurisdictions are prohibited from playing on TexasHoldEm.com:
Afghanistan, Bahrain, Bangladesh, Brunei, Chad, Central African Republic, Cuba, Democratic Republic of the Congo, Egypt, Equatorial Guinea, Eritrea, Gambia, Iran, Iraq, Libya, Jordan, Kenya, Kuwait, Laos, Malaysia, Mali, Mozambique, Myanmar, Nigeria, North Korea, Northern Cyprus, Oman, Pakistan, Palestinian Territories, Qatar, Rwanda, Saudi Arabia, Senegal, Somalia, South Sudan, Sudan, Swaziland, Syria, Tanzania, Turkey, Turkmenistan, United Arab Emirates, Yemen, and Zimbabwe.
You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Site. – Non-U.S. Residents: To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must:
- be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form
- be physically located in a jurisdiction in which participation in the tournament you select on the Site is unrestricted by law; and (c) at all times abide by the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and we do not make any representation or warranty, express or implied, as to the lawfulness of your participation in our free poker tournament sweepstakes, or that materials on this Site are appropriate for use in your Jurisdiction. We do not intend that the Site be used by persons present in Jurisdictions in which the playing of card games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and we assert that, We shall not have any responsibility under any laws in any Jurisdiction, other than the state of Arizona in the United States. We further reserve the right to require you to provide proof that you are eligible to participate in and win prizes in our online poker tournament sweepstakes prior to payment of any winnings or prizes. We also reserve the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
- You must be 18 years of age to play and may be asked to submit age verification. In some promotions, you must be 21 years of age to play.
- All prizes, including prizes shipped outside of North America, will be sent via US Postal Service with the appropriate international postage (where applicable). We assume no liability for non-deliverability. All cash prizes will be paid in US funds via check or alternate payment.
- A prize is deemed to have been won when a player meets all eligibility requirements as set forth herein, and the prize is shipped to the registered address of that player and the prize is received by the player. Return of any prize or prize notification as undeliverable may result in voiding of the prize. If a prize is not claimed, or if the winner is ineligible or does not provide eligibility verification, then the prize will not be awarded. All winners are presumed to be ineligible until they are verified. Prizes not redeemed within ninety days of the date of winning will be deemed to have been won by an ineligible player and the prize voided.
- Note that residents of Oklahoma and Mississippi are eligible to play but are not eligible to win prizes or redeem points.
5. Registration and Account Rules
You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for yourself. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.
Each time you access and use the site, you represent and warrant to us that:
- you are at least eighteen (18) years of age, or the legal age to participate in a tournament sweepstakes in the applicable Jurisdiction, whichever is higher
- your access to the Site, your participation in tournament sweepstakes, and our offering and operating of our tournament sweepstakes are legal in your applicable Jurisdiction
- the e-mail address submitted by you is owned or controlled by you
- all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by us. By applying for registration, you authorize us to make any and all enquiries as we in its sole discretion considers necessary to verify the information provided by you. We may require you to submit such proof of age, identity and place of residence as it may require, at any time.
In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform us immediately by sending an e-mail to us. By Creating an Account and accepting these Terms and Conditions, you agree to opt-in to the company’s email list and receive emails pertaining to this site. You agree to the Official Rules.
6. Account Identifiers
Secrecy Obligation Once you have selected or been allocated a unique username, password or other appropriate security code (“Identifiers”), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify Provider by sending an e-mail to email@example.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted on the Website where your Identifiers have been used (and where you have not previously notified Provider as provided herein) will be treated as valid. No Transfer Only one account is allowed per person. Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in a game in your applicable Jurisdiction, and in no event any person under the age of thirteen years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes and may be reported to the relevant authorities.
7. Prizes and Disbursement
Prizes are paid on a per-tournament basis. It is your responsibility to check the prize matrix and become familiar with it prior to entering each tournament. Each tournament has a registration period and you may withdraw from any tournament for any reason during this time. All entry credits or points will be returned for any qualified withdrawal from a tournament. The odds of winning any free poker tournament sweepstakes will be dependent on the number of entries we receive.
Prior to the disbursement of any prizes, Provider reserves the right to undertake any and all enquiries and to require you to provide such information or documentation as it deems fit to verify your identity, the prizes and the authenticity of the request for such prizes, including providing proof of your identity by supplying Provider with a copy of government issued photo identification, at its sole discretion. You may also be required to sign and agree to an affidavit of eligibility and publicity release to enable Provider to use your image, voice, likeness and persona to advertise the Provider’s games. If you fail to cooperate with such inquiries and/or to provide such information or documentation, Provider reserves the right to void any prizes in your account.
Verification consists of Proof of Identity, Proof of Residency, and Proof of Age. All three of these requirements must be satisfied to claim your prize. The following forms of identification are acceptable:
- Valid US Drivers License
- Valid US State Identification Card
- Valid US Military ID
- Valid Canadian Drivers License
- Valid Canadian Provence Identification Card
- Valid Foreign Passport
You can Postal Mail, Fax or Email a photocopy of one valid identification listed above along with your Full Name and your TexasHoldem.com – Username to the following address: Ruyo LLC Prize Eligibility Department 6904 E 2nd Street Scottsdale, AZ. 85251
Scan and email to: firstname.lastname@example.org
Fax to: 1-888-433-3054
8. Account Suspension
Right To Cancel Account. We reserve the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
9. Site Use
- Services May Change or End. We reserve the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
- You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from us and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
- Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular site service or contest. If We believe in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and we reserve the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
Behavior & Responsibility
1). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or use any portion of the Site for any commercial purposes.
2). You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, or engaging in team play on any of our websites, including but not limited to the site. You acknowledge and understand that any attempt to participate in any service offered on our Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any of our Sites, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
3). You agree that we are not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any of our site or any third party site.
4). Any attempt to defraud any of our site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
5). You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits there-from, and may not allow any other person to access your account, access any of our site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on our site, you agree to indemnify, defend, and hold us harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees) arising from any use of your account by any person.
6). You agree to never transmit data, conversation, or any other information that may be:
- be defamatory or offensive
- infringe the rights of any third party
- provide information regarding playing contests on the Site
- deemed generally unacceptable behavior in the sole discretion of us.
7). You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify us by e-mail. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. We will not be liable for any alleged winnings that are, in our sole discretion, the result of a system error or malfunction.
10. Membership Billing
By completing the Club VIP membership registration, you authorize us to charge applicable recurring membership fees to your designated credit card or debit the applicable recurring membership fees from your designated checking or savings account. Monthly VIP Club members are billed on a calendar-month cycle, which begins upon Club VIP membership registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends one calendar month thereafter. The date you are billed is the same date each month. That date is determined by the date the account is first billed. If that day of the month does not exist in a subsequent month, then the payment will be made on the first day of the following month and will stay permanently on that day.
- If you do not cancel before the end of the period, we will automatically renew your membership payment plan at the end of the period and you will be billed according to the plan you are currently on.
- You are responsible for reviewing the terms and conditions section to obtain timely notice of such changes. Continued use of the Site and/or Software means that you accept such changes. If you decide that any change is unacceptable, you may cancel your membership. To cancel your membership log in to the profile system and go to the My Account area for cancellation instructions. You can cancel your membership at any time.
- Credit Card Authorizations for Free Trial Memberships. You must provide credit card or bank account information to register for all free trial offers to the VIP Membership service. By signing up for a free trial with a credit card, you agree that we may obtain a pre-authorization of up to $1.00. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, we are not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of the VIP Membership service, we will bill your credit card when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the site, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
- Bank Account Authorizations for Free Trial Memberships. You must provide credit card or bank account information to register for all free trial offers to the VIP Membership service. By signing up for a free trial with a checking or savings account, you agree that we may obtain a pre-authorization of your bank account by making an activation fee of $1.95 into your bank account. If you accept a free trial of the VIP Membership service, we will debit the applicable recurring Club fees from your designated checking or savings account when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the site, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.
The following billing plans will be available.
Monthly Membership: $24.95, Billed each month.
11. Cancellation Policy
At any time, and without cause, subscription to the service may be terminated by either Ruyo Games Limited, or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. Subscribers are liable for charges incurred by them until termination of service. If you request cancellation or request a refund from Ruyo Games Limited your bank, card issuer, or phone company due to unauthorized or fraudulent use, Ruyo Games Limited can at its discretion, to prevent further unauthorized use, block your information from use at all Ruyo Games Limited clients’ websites. This will not however prevent unauthorized use at non-Ruyo Games Limited clients’ websites, and is not a substitution for your contacting your appropriate channels to prevent further misuse. If you are taking advantage of a “Free” trial period through a credit card, please be aware of the following: Ruyo Games Limited will request and your bank will immediately put a “Reserved Funds” hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the website, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that Ruyo Games Limited has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
12. Refund Policy
Should a refund be issued by Ruyo Games Limited all refunds will be credited solely to the payment method used in the original transaction. Ruyo Games Limited will not issue refunds by cash, check, or to another credit card or payment mechanism.
13. Third Party Websites
- Other Sites Are Not Our Responsibility. This Site may link you to other websites, these websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of us and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
- Future Marketing. You hereby acknowledge and agree that we and/or its affiliate/sponsor partners may market products and services to you in the future.
14. Proprietary Rights
- Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of us. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
- License. We grant you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
- Use and Likeness Release. I hereby authorize TexasHoldem International, and its subsidiaries, affiliates and assigns, to photograph or film me and consent to the use of my likeness and image in any and all publications, educational materials, research, advertising, news media, and World Wide Web materials. I understand and agree that such materials, including all negatives, positives, digital images, and prints shall become and remain the sole property of Ruyo Games Limited and I shall have no right or title to such items. I agree that Ruyo Games Limited does not owe me any compensation for the acts that I have consented to in this agreement. I further understand and agree that these materials may be kept on file and used by us for potential future purposes and further agree to release Ruyo Games Limited from any and all liability arising from or in connection with the taking, use, publication, or dissemination of such materials.
15. Right to Cancel Contest
If Ruyo Games Limited, its parents, affiliates, managers, or directors determines that operating the free poker tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the free poker tournament sweepstakes may be ended by us and we shall owe you nothing. Ruyo Games Limited, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the free poker tournament sweepstakes is cancelled.
16. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website, services, and Materials is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. A. Disclaimer of Warranties. THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. B. Limitation of Liability. PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to:
- your use of the Website or the Materials, including any data or work transmitted or received by you or any service provider
- any other party’s access and use of the Website or the Materials with your unique Identifiers, except where you have previously notified Provider that you believe such Identifiers are no longer secure and confidential
- your connection to any Provider site; (d) your violation of these Terms and Conditions
- your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
18. Applicable Law/Jurisdiction.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
20. Statute of Limitations.
21. Entire Agreement.
- Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by Ruyo Games Limited, in its sole discretion, to a third party in the event of a merger or acquisition.
- No Waiver. If we fail to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If we fail to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
- Dispute Resolution. You and us agree that any Dispute between you and Ruyo Games Limited will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”) and conducted under its rules, except as otherwise provided below. You and Ruyo Games Limited will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and Ruyo Games Ltd. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Scottsdale, AZ. If you prevail in the arbitration of any Dispute with Ruyo Games Limited, we will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to:
- this agreement, its interpretation, or the breach, termination, applicability or validity thereof
- the related order for, purchase, delivery, receipt or use of any product or service from us
- any other dispute arising out of or relating to the relationship between you and us; the term “US” means us and their parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by us.
23. World Series 10k Final Tournament
- The TexasHoldEm.com World Series 10k Final takes place on Sunday, June 9, 2013 at 7:30 PM EST. The first place winner of the TexasHoldEm.com World Series 10k Final will win their choice of either $2,500 USD or a $10,000 seat in the 2013 World Series of Poker* Main Event held in Las Vegas including flight and hotel.
- Entry into the TexasHoldEm.com World Series 10k Final will be limited to those players who have qualified by placing in any of the TexasHoldEm.com “World Series 10k Semi-Final Tournaments” and earning a Token to the World Series 10k Final. Each World Series 10k Semi-Final Tournament is a No-Limit Texas Hold’em Tournament and will run through June 8, 2013. The starting times for each World Series 10k Semi-Final Tournaments will be posted on www.TexasHoldEm.com client software. Players may enter as many World Series 10k Semi-Final Tournaments as they qualify for but can only qualify for the World Series 10k Final Tournament once.
- Players that received a Semi Final token as part of a VIP Membership will be required to have an active subscription at the time of the World Series 10k Final. TexasHoldEm.com reserves the right to remove any players from the Final that were gifted tokens and subsequently cancelled their membership.
- Entry into any World Series 10k Semi-Final Tournament will be limited to those players who have earned a “World Series 10k Semi-Final Tournament Token” by placing in any of the World Series 10k Quarter-Final tournaments. Each World Series 10k Quarter-Final is a No-Limit Texas Hold’em Tournament and will run daily through June 8, 2013. The starting times for each World Series 10k Quarter-Final will be posted on www.TexasHoldEm.com client software. World Series 10k Semi-Final Entries expire on Sunday, June 9, 2013 at 12:01 AM ET and are no longer valid after this time. Players may enter as many World Series 10k Quarter-Final Tournaments as they qualify for but can only qualify for the World Series 10k Final Tournament once.
- Entry into any World Series 10k Quarter-Final Tournaments will be limited to those players who have earned a “World Series 10k Quarter-Final Tournament Token “by placing in any of the World Series 10k Qualifier tournaments. Each World Series 10k Qualifier Tournament is a No-Limit Texas Hold’em Tournament and will run daily through June 8, 2013. The starting times for each World Series 10k Qualifier Tournament will be posted on www.TexasHoldEm.com client software.
- World Series 10k Qualifier Tournaments have buy-ins of Poker Points. Players may enter as many World Series 10k Qualifier Tournaments as they wish (if they have enough Poker Points) but can only qualify for the World Series 10k Final Tournament once.
- The grand prize WSOP* seat will be awarded to the winner of the World Series 10k Final at the Rio Hotel in Las Vegas in July 2013, prior to Day 1a of the Main Event.
- The grand prize winner of the World Series 10k Final will be required to wear a TexasHoldEm.com shirt and hat during their play in the World Series Main Event in Las Vegas in July 2013 if attending. In addition, the grand prize winner may be required to take promotional photographs. By accepting the grand prize, the winner agrees to allow their name and likeness to be used in TexasHoldEm.com promotions at the sole discretion of TexasHoldEm.com.
- If the grand prize winner of the WSOP* seat is under 21 years old on July 1st, 2013, they will receive a ,500 check in lieu of the grand prize.
- The grand prize winner of the World Series Final may elect to receive a ,500 check in lieu of the grand prize (a ,000 seat to the World Series of Poker* Main Event in Las Vegas in July 2013). The winner must contact TexasHoldEm.com by June 23rd, 2013, and inform TexasHoldEm.com of their decision by email at email@example.com or by mail at 6900 E. 2nd Street Scottsdale, AZ 85251 attention “TexasHoldEm.com – World Series.”
*Caesars Interactive Entertainment, Inc. (“Harrah’s”) is the owner of all rights, title and interest in and to the World Series of Poker brand including each of its associated trademarks, service marks, copyrights, trade dress and all of the goodwill emanating therefrom (hereinafter collectively, “trademarks”). Therefore, it is important to Harrah’s that WSOP trademarks are displayed consistently and appropriately and that the WSOP trademarks are protected and respected whenever and wherever used.
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