Terms of Service
Last updated March 12, 2011.
1.1 Governing Agreement
The terms of this agreement ("Terms of Service") govern the relationship between you and HHSmithy (hereinafter "HHSmithy" or "Us" or "We") regarding your use of HHSmithy’s poker applications and related services, which includes HHSmithy websites (the "Service"). In this agreement, "HHSmithy" means HHSmithy Inc.
1.2 Grant of Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant HHSmithy policies, such as the Forum Rules or Loyalty Program Terms, HHSmithy grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.3-1.6 to access and use the Service using a HHSmithy supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial purposes. You agree not to use the Service for any other purpose unless given HHSmithy's written consent.
1.3 Accessing the Service
Before accessing or using the Service, including browsing any HHSmithy website or accessing any poker data, you must agree to these Terms of Service. You may also be required to register an account on the Service (an "Account"). You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
1.4 Use of the Service
The following restrictions apply to the use of the Service:
- a. You shall not have more than one Account, per platform, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- b. You shall not have an Account or use the Service if you have previously been removed by HHSmithy, or previously been banned from using any HHSmithy service;
- c. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
1.5 License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.2, and may subject you to liability for violations of law. You will not be eligible for a refund of any kind if you are found in violation of any of these License Limitations. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY HHSmithy SERVICE IS A VIOLATION OF HHSmithy POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.You agree that you will not, under any circumstances:
- a. Engage in any act that HHSmithy deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our data, or policies;
- b. Make improper use of HHSmithy’s support services;
- c. Share your HHSmithy account or any of your subscribed data with any other party for commercial or non-commercial purposes.
- d. Without HHSmithy’s express written consent, modify or cause to be modified any files or data that are a part of the Service;
- e. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service; or (2) the use of the Service or any HHSmithy data platform by any other person;
- f. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- g. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by HHSmithy, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- h. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- i. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- j. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including HHSmithy employees, including HHSmithy’s customer service representatives; or
- k. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a HHSmithy employee;
- l. Without HHSmithy’s express written consent, use the Service, any HHSmithy game, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any HHSmithy data on a third party website (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering hand history data, player data or any other poker and platform data for sale;
- m. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- n. Resell or make available any hand history data made available on the Service through third party websites or any other channels including email, and file sharing;
- o. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any HHSmithy data in any way not expressly permitted by these Terms of Service;
- p. Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that crawls our pages, reads areas of RAM or streams of network traffic used by the Service or any HHSmithy data platform to store hand histories, or poker data available on the Service for reselling.
- q. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- r. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- s. Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- t. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by HHSmithy;
- u. Solicit or attempt to solicit personal information from other users of the Service; or
- v. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
1. 6 Supsension or Termination of Account and Servicer Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, HHSmithy MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO HHSmithy SERVICES OR PORTIONS THEREOF IF YOU ARE, OR HHSmithy SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, USING DATA FOR COMMERCIAL PUPOSES WITHOUT HHSmithy'S WRITTEN CONSENT, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. HHSmithy reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, HHSmithy shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. THIRD PARTY ADVERTISING
2.1 Third Party Advertisments
You understand that the Service may feature advertisements from HHSmithy or third parties.
2.2 Links to Third Party Sites and Dealings With Advertisers
HHSmithy may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. HHSmithy makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of HHSmithy and may collect data or solicit personal information from you. HHSmithy is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of HHSmithy of these linked sites.
3. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. HHSmithy may require that you accept updates to the Service and to HHSmithy’s software you have installed on your computer. You acknowledge and agree that HHSmithy may update the Service and HHSmithy software, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use HHSmithy's data platform.
4. DISCLAIMERS / LIMITATIONS / INDEMNIFICATION
THE HHSmithy SUBSCRIPTION SERVICE IS PROVIDED "AS IS", WITHOUT A WARRENTY OF ANY KIND. HHSMITHY DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING HHSMITHY DATA. IN NO EVENT WILL HHSmithy BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE HHSmithy DATA, EVEN IF HHSmithy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE AUTHOR DOES NOT WARRANT THAT HHSmithy DATA IS FREE FROM BUGS, ERRORS, OR OTHER LIMITATIONS.
4.2 Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HHSmithy IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE HHSmithy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. HHSmithy WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN HHSmithy FEATURES.
You agree to indemnify, save, and hold HHSmithy, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. HHSmithy reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HHSmithy, and you agree to cooperate with HHSmithy’s defense of these claims. HHSmithy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.