ACCEPTANCE OF TERMS
Welcome to PokerCast Asia! The following represents the terms of which PokerCast Asia offers you access to our services. These General Terms and Conditions (“Agreement”) govern the terms by which you may use and access the Site and/or any services provided therein. By accessing or using the Site and any service provided through the Site (the “Service”), you hereby represent, warrant and undertake that you have read, understood, and agree to be bound by the terms of this Agreement thereby making them a binding agreement between you and us, whether or not you are a registered user of our Site. This Agreement applies to each visitor, user, and others who access or use the Site and/or Service (“User(s)”). The Agreement applies to all users of the PokerCast Asia website, including, but not limited to, users who contribute directly to the website with materials or services. PokerCast Asia reserves the right to change the Agreement at any time. If you do not agree to any of these terms, please refrain from using the PokerCast Asia website.
PokerCastAsia.com, as well as the local sites linked thereto (collectively, the “Site”) is a website and online service owned and operated by PokerCast Asia Inc. (“PokerCast Asia”, “we”, “our”, or “us”).
You agree that PokerCast Asia is based solely in the Philippines, and that Philippine law is applicable to any and all disputes that may arise from your use of the website, and that any legal issues will be addressed and settled in the Philippines. PokerCast Asia assumes the right to change these Agreement at any time, without prior notification, and it is the user’s obligation to assure that they are properly informed about changes in the Agreement. Using the PokerCast Asia website will be considered as agreement to these Agreement.
ACCESSING THE WEBSITE
PokerCast Asia gives you access to the website according to the Agreement, assuming you agree to the Agreement. Accessing some features of the website requires an account. You may never use another person’s account, and may never allow anyone else to use your account. While creating your account you will be asked for personal information. You must provide complete and accurate information, omitting nothing that is required. You alone are responsible for actions taken while logged in with your account. For safety reasons you are required to keep your password secure and private. If you suspect that your account is being used by someone else, you are required to immediately notify PokerCast Asia. Failing to notify may cause you to be liable for losses inflicted on PokerCast Asia, and/or other interests, that may originate from unauthorized use of the account. PokerCast Asia cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. Furthermore you agree not to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, such as the use of automated systems, including but not limited to “robots”, “spiders” and “offline readers”. However, operators of public search engines may use spiders to access the site in order to make the content of the site searchable through their service. This permission does not apply to account names and other personal information about users. You also agree to use the site solely for private use.
INTELLECTUAL PROPERTY RIGHTS
The content of the PokerCast Asia website, excepting submitted material as defined below, are owned by or licensed to PokerCast Asia and protected by Philippine and foreign laws. The content is provided as is for personal use only, and may not be used for any other purposes without the written consent of the respective owners. PokerCast Asia reserves all rights not explicitly granted on the site. You may download material for personal use only. You may not download material without related copyright notices being retained in the copy. You agree not to use the site in any other way than specified in this agreement, and you may not in any way bypass security related or other functions of the site. PokerCast Asia may accept material submitted (“submitted material”) by users of the site. PokerCast Asia does not claim ownership of submitted material. However, by submitting material, you agree to give PokerCast Asia worldwide, royalty-free and non-exclusive license(s) to use the material as PokerCast Asia sees fit regarding any and all uses of the submitted material, including promotional use. By submitting material you assure that you hold copyright of the material and/or license to use the material as governed by this agreement. You also assure that you have the permission of any persons identifiable in the material relating to the use of the material. By submitting material you also agree to license other PokerCast Asia users, according to the Agreement. This license is not terminated by the removal of the submitted material. You alone shall be responsible for submitted material. PokerCast Asia may or may not pre-screen the submitted material. PokerCast Asia may also, without limitations regarding responsibility, refuse, remove, move and otherwise handle the material if it is deemed to be in violation of the Agreement or otherwise objectionable. By submitting material you agree to:
1. Refrain from publishing material that is copyrighted or otherwise protected by intellectual property rights, unless you are legally allowed to do so;
2. Refrain from publishing material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. Refrain from publishing false, misrepresenting or otherwise harmful material that could damage PokerCast Asia or any third party;
4. Refrain from posting advertisements or business solicitations, unless expressly allowed to do so by PokerCast Asia;
5. Refrain from impersonating any person or company, either explicitly or implicitly.
PokerCast Asia does not accept any liability for submitted material, nor does it endorse opinions expressed in the material. PokerCast Asia will remove copyrighted material that is infringing on someone’s rights if properly advised that such material is present on the site. Such advising should include the reason, and reasonable proof that it is the rightful owner of the right advising the site, including contact information. PokerCast Asia reserves the right to disallow access to the site for persons who repeatedly submits copyrighted material without proper rights to do so. PokerCast Asia may remove accounts and/or material at any time, without prior notice, for any reason.
By using the PokerCast Asia website you agree to and understand that:
1. Your use of the website is at your own sole risk. The website is provided as is, without claims regarding availability. PokerCast Asia and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, be they expressed or implied.
2. PokerCast Asia and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the website will meet your expectations; and (v) any errors in whichever software is and will be implemented shall be corrected.
3. Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data, or any other damages that results from the download of any such material.
4. PokerCast Asia subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be responsible for damages occurring due to bugs, viruses, trojans etc. that may be transferred from the site of third parties.
5. PokerCast Asia and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors
shall not be held responsible for any damages occurring to anyone or anything by the use of the site and other services.
6. PokerCast Asia does not accept responsibility for products or services solicited by third parties on the site, on linked sites, or otherwise presented in association with PokerCast Asia.
YOU SPECIFICALLY ACKNOWLEDGE THAT POKERCAST ASIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold PokerCast Asia and its subsidiaries, officers employees, affiliates, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website, your violation of the Agreement, or your violation of any rights of another. This indemnification will survive these Agreement, and your use of the PokerCast Asia website.
ABILITY TO ACCEPT AGREEMENT
You affirm that you are legally allowed, and fully able and competent to enter into the obligations presented in these Agreement, regarding but not limited to age, and/or legal competence.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PokerCast Asia without restrictions.
LEGAL POLICY STATEMENT IN RELATION TO ADVERTISING AND EDITORIAL CONTENT
There are no advertisements in this publication that have gambling as their essential element. Advertisements for offline casinos, poker card rooms, sports betting outlets or other betting establishments do not depict gambling, or contain any inducement to gamble. They depict other aspects of that establishment, such as restaurants, bars, hotel rooms and/or other facilities. Advertisements for offline establishments, activities or things that do not involve bets or betting do not depict gambling, or contain any inducement to gamble. Advertisements for some online casinos, poker card rooms, sports betting outlets or other betting establishments that accept “bets” are in fact completely free to play, those bets are with “play money” that has no real cash value, and those bets therefore are not gambling. Advertisements for other online casinos, poker card rooms, sports betting outlets or other betting establishments, do not depict gambling, or contain any inducement to gamble. They depict other aspects of that establishment that are either completely free (such as free play, competitions, learn to play facilities, and so on), or depict a product or service for which a non-gambling payment is made (for example payment for a book or educational course). In the case of online casinos, poker card rooms, sports betting outlets or other betting establishments that do accept bets that are in the nature of gambling, any advertising placed in this magazine does not have gambling as its essential element. This does not preclude such online casinos, poker card rooms, sports betting outlets or other betting establishments from placing advertising in this magazine for goods and/or services that require payment, but such payment must not be in the nature of gambling but must merely be payment for a good or service, for example a book or educational course. Nothing in the content of this publication is intended to be construed as a gambling advertisement, and nor should it be so construed. Only gamble what you can afford. If gambling becomes a problem, seek professional help. The editorial content of this magazine is not necessarily the opinion of PokerCast Asia, but is the opinion of the relevant contributors, provided openly and honestly for our readers’ education, information and entertainment. We do not, and never will, sell editorial opinion. Our contributors are under strict instructions to never sell editorial opinion.