These terms of use ("Terms") govern your use of all websites, mobile websites, online video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.) or other online services owned or operated by Calian Tech Sdn Bhd , ("U Series of Poker," "we" or "us"), including, without limitation, the website currently located at www.useriespoker.com and any mobile version of the website (collectively, the "Site"), the Contents (as defined below), any other interactive features, widgets, products, and resources offered by U Series of Poker and/or its affiliates, distributors, or licensees through traditional Internet websites, mobile devices, or other platforms, included within the Site and accessible via any applications (all of which are collectively referred to as the "Services").
By using the Services, you agree to these Terms. If you do not agree to these Terms, please do not use or discontinue using the Services.
1. ELIGIBILITY
You must be at least 18 years old to use the Services.
2. ADDITIONAL TERMS
Your use of certain parts of the Services may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through before your use of such part of the Services. By using such part of the Services, you agree to the Additional Terms.
3. ACCOUNT SECURITY
You are required to create an Account to access the Services. You may create your own account ("Account") by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes.
We reserve the right to suspend or terminate your use of the Services if we believe that your account is being used without permission or otherwise in a manner that may disrupt the Services.
4. USE OF THE SITE AND SERVICES
You are responsible for your use of the Services and for any use of the Services made using your Account. At U Series of Poker, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users of the Services. When you use the Services, you may not:
• Use the Services other than for personal, non-commercial purposes.
• Copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit, or retransmit any Content you access, other than as expressly permitted.
• Violate any law or regulation.
• Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights.
• Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
• Send unsolicited or unauthorized advertising or commercial communications, such as spam.
• Transmit any malicious or unsolicited software.
• Stalk, harass, or harm another individual.
• Impersonate or misrepresent your affiliation with someone else.
• Use any means to "scrape," "crawl," or "spider" any web pages contained in the Services.
• Use automated methods to use the Services in a manner that sends more requests to the U Series of Poker's servers in a given period of time than a human can reasonably produce in the same period.
• Modify, make derivative works of, disassemble, reverse engineer, or reverse compile any part of the Services.
• Interfere with or disrupt the Services.
Your experience using the Services may be affected by many factors such as your device hardware, location, available bandwidth, and/or speed of your internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.
5. ACCURACY OF DATA
We make no claims or promises about the quality, accuracy, or reliability of any Content available through Services. U Series of Poker is not liable for any loss or damage that might arise from your reliance on any Content available through the Services.
6. OWNERSHIP
We own or license the contents included in the Services, and the technology connected with the Services, including software, text, data, data display/data feed, "live" data updates, visual and audio content ("Content"), U Series of Poker's trademarks, trade names, logos, and brand elements ("U Series of Poker Marks") and the trademarks, trade names, logos, and brand elements of third-party goods and services that may be offered through the Services ("Third-Party Marks"). The Content, U Series of Poker, and Third-Party Marks are protected under international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any U Series of Poker Marks, Third-Party Marks, or the Content, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view, and use the Services solely for personal and non-commercial use. We reserve the right to withdraw or restrict access to all or any part of the Services at any time.
7. FEEDBACK
We always welcome and appreciate your feedback and suggestions about Services and the Contents. You understand and agree that we may use them without notice or compensation to you.
8. COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright laws and terminate the accounts of infringers. U Series of Poker has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your work has been copied in a way that constitutes copyright infringement, please send U Series of Poker a notification of claimed infringement with all of the following information:
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the claimed infringing material and information reasonably sufficient to permit U Series of Poker to locate the material on its sites.
• Information reasonably sufficient to permit U Series of Poker Plus to contact you, such as an address, telephone number, and, if available, an email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your physical or electronic signature.
Please send all of the above-enumerated information via email to copyright@useriespoker.com
ATTENTION: Copyright Manager
9. PRIVACY
U Series of Poker respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you in connection with the Services. By using the Services, you agree to the Privacy Policy, which is deemed incorporated into this agreement.
By using the Services, you consent to receiving electronic communications from us related to your use of the Services. If you do not agree to these Terms, please do not use or discontinue using the Services.
10. LINKS TO OTHER WEBSITES
Our Services may contain links to other websites. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
11. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES
U Series of Poker enhances and updates the Services from time to time. We may change or discontinue the Services, with or without notice to you. U Series of Poker reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Services.
Your continued use of the Services shall be deemed to attest that you agree to any enhancements, updates, or amendments to the Services.
12. TERMINATION
We reserve the right not to provide the Services to any user. We also reserve the right to terminate any your right to access the Site or the Services at any time, in our unfettered discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.
13. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
You use the Services at your own risk. The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, U Series of Poker and its affiliates, distributors, and licensees, and their respective officers, employees, managers, directors, shareholders, members, parents, subsidiaries, corporate affiliates, agents, and licensors (referred to collectively as "Affiliates") disclaim all warranties of any kind, express or implied, with respect to the Services (including implied warranties of merchantability, fitness for a particular use, or purpose).
In particular, U Series of Poker and its Affiliates make no representations or warranties about the availability, quantity, accuracy, or completeness of the content available on or through the Services, including, without limitation, any commentaries or other content available on or through the Services, or the content of any websites or resources linked through the Services. U Series of Poker and its Affiliates will have no liability for any:
(a) Errors, mistakes, or inaccuracies of the content;
(b) Personal injury or property damage resulting from your access to or use of the Services;
(c) Any unauthorized access to or use of our servers or of any personal or financial information;
(d) Any interruption of transmission of the contents;
(e) Any bugs, viruses, Trojan horses, or the like, which may be transmitted on or through the Services; or
(f) Any loss or damage of any kind incurred as a result of the use of the content or the Services.
Except as expressly provided in these Terms or in any applicable additional terms, U Series of Poker and its Affiliates do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service advertised or offered for sale on or through the Services or any linked website.
To the fullest extent permitted by applicable law, neither U Series of Poker nor its Affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential, or exemplary/punitive damages, including damages for loss of revenues, profits, goodwill, use, data, or other intangible losses, even if such parties were advised of, knew of, or should have known of the possibility of such damages, arising from or relating to the use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that U Series of Poker may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of U Series of Poker's liability will be the minimum permitted under such law.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless U Series of Poker and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind, including reasonable attorneys' fees and other legal costs, arising from or relating to:
(a) Any information, including feedback or any other content, that you or anyone using your account submits, posts, or transmits through the Services;
(b) The use of the Services by you or anyone using your account;
(c) The violation of these Terms by you or anyone using your account; or
(d) The violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.
U Series of Poker reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with U Series of Poker in such defense.
15. DISPUTE RESOLUTION AND ARBITRATION
The term "Dispute" means any dispute, claim, or controversy between you and U Series of Poker arising out of or relating to the Services, these Terms, or your account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Section 17. "Dispute" is to be given the broadest possible meaning. You agree that any Dispute between you and U Series of Poker will be governed by the arbitration procedures outlined below.
If a Dispute arises between you and U Series of Poker, you and U Series of Poker agree that we will resolve any Dispute in accordance with one of the subsections below or as U Series of Poker and you otherwise agree in writing.
16. INFORMAL NEGOTIATIONS/NOTICE OF DISPUTE
You and U Series of Poker agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). Notices of Dispute must:
(a) Include the full name and contact information of the complaining party;
(b) Describe the nature and basis of the claim or dispute; and
(c) Set forth the specific relief sought (Demand).
U Series of Poker will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute by emailing legal@useriespoker.com, ATTN: Legal Department.
16.1. For any claim where the total amount of the award sought is less than $10,000 USD, the parties shall resolve the dispute through binding non-appearance-based arbitration, through an established alternative dispute resolution (ADR) provider based in London, mutually agreed upon by the parties. Failing mutual agreement, the arbitration shall be held at the London Court of International Arbitration, following the rules outlined below:
(a) The arbitration shall be conducted by telephone, online, and/or based on written submissions, as chosen by the party initiating the arbitration;
(b) The arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed upon by the parties in writing; and
(c) Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
16.2. In the event that a Dispute cannot be settled amicably through negotiations within a 30-day period, and the Demand exceeds $10,000 USD, it shall be referred to arbitration and ultimately determined by a tribunal comprised of one arbitrator appointed by the London Court of International Arbitration (Arbitration Centre). The seat of arbitration will be London, United Kingdom, the location determined by the Arbitration Centre, and the language of the arbitration will be English, governed by the rules and regulations established by the Arbitration Centre. The arbitration tribunal will have the right to issue injunctions, and its decision will be compulsory, final, and strictly mandatory to the parties, who waive any other jurisdiction or venue that may apply and agree to be subject to the arbitral decision, waiving any appeals of any type.
16.3. Each party shall bear its own expenses, but the parties shall share equally in the expenses of the arbitration tribunal.
16.4. The parties agree that all arbitration proceedings conducted pursuant to this Section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings.
16.5. Restrictions. You and U Series of Poker agree that any arbitration shall be limited to a Dispute between only you and U Series of Poker individually. To the full extent permitted by law:
(a) No arbitration shall be joined with any other;
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You and U Series of Poker agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and U Series of Poker agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
17. MISCELLANEOUS
17.1. ENTIRE AGREEMENT
These Terms, any supplemental policies, and any documents expressly incorporated by reference herein constitute the entire agreement between you and U Series of Poker with respect to the subject matter hereof and supersede all prior understandings or arrangements, oral or written, between you and us with respect to the subject matter hereof.
17.2. WAIVER
The failure of U Series of Poker to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right shall not be construed as a waiver or relinquishment of U Series of Poker's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by U Series of Poker of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by U Series of Poker shall be deemed a modification of these Terms and shall not be legally binding, unless documented in physical writing, hand-signed by you and a duly appointed officer of U Series of Poker.
17.3. NOTICE
We may notify you via postings on the Sites, email, or any other means of contact you have provided to U Series of Poker. All notices given by you or required from you under these Terms shall be in writing and addressed to:
U Series of Poker
Attn: LEGAL DEPARTMENT
Email address: legal@useriespoker.com
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
17.4. SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of these Terms shall not affect the validity, legality, or enforceability of any other provisions. These Terms shall continue in full force and effect except for any such invalid, illegal, or unenforceable provision.
17.5. FORCE MAJEURE
U Series of Poker shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of U Series of Poker, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond U Series of Poker's control, such as acts of God, war, terrorism, riots, embargoes, pandemics, epidemics, acts of civil or military authorities, changes in law, fire, floods, accidents, network or other infrastructure failures, or labor stoppages or strikes.
17.6. LANGUAGE
These Terms have been written in English and translated into other languages for convenience purposes. In the event of any ambiguity or interpretation, and for all official purposes, the provisions set forth in the English version of these Terms shall prevail.
17.7. GOVERNING LAW
All Disputes and these Terms shall be governed by and construed in accordance with English law.
