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Sidepot.net, ("Sidepot") provides the Poker Championship Series (the "PCS") to you ("you" or "your"), subject to the following Sidepot PCS Terms of Service ("SPCSTOS) which may be updated by Sidepot from time to time without notice to you. It is important for you to refer to this SPCSTOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this SPCSTOS. You can review the most current version of this SPCSTOS at any time at http://www.sidepot.net/pcs-tos.php. Your use of the PCS constitutes your acceptance of this SPCSTOS.

1. Definitions.

• "Sidepot Web Site" means the Sidepot Web site located at the domain "Sidepot.net" or other domain as determined in the sole and exclusive discretion of Sidepot.
• "Sidepot Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the PCS.
• "Sidepot Registered User" means a person that has successfully completed the registration form on the Sidepot Web Site and obtained a Sidepot Web Site. user identification ("Sidepot ID") and associated password ("Sidepot Password"). Not all users will get a username and password, just administrators, but all users must confirm their agreement with these terms and conditions.

2. Term; Termination and Survival.

This SPCSTOS is effective as of the Effective Date and shall remain in full force and effect for the period the PCS is available on the Sidepot Web Site, unless earlier terminated as provided herein (the "Term"). Sections 6 through 11 of this SPCSTOS and other provisions which are set to survive the Term herein shall survive the expiration or earlier termination of this SPCSTOS.

3. PCS Service.

• Sign Up for the PCS. Sidepot Registered Users may sign up for the PCS by following the instructions on the PCS registration pages on the Sidepot Web Site, including, without limitation, paying any registration fee, if applicable.
• Payment Terms of PCS. Your registration fee for the PCS, if applicable, gives you access to the features of the PCS from the time you register through the remainder of the Term. The credit card that you provide as part of your registration data will be billed for the PCS. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card information in connection with your registration for the PCS and your failure to provide accurate and up to date information which permits us to bill your credit card will result in the denial of your use of the PCS. All currency references are in U.S. dollars. Please note that your payment for the PCS is non-refundable, and you may not cancel your PCS before the end of the Term.
• Revision of the PCS. Sidepot may modify, suspend or discontinue any aspect of the PCS at any time, including, without limitation, the availability of any Sidepot Content. Sidepot may also impose limits on certain features and services or restrict your access to parts or all of the PCS and/or the Sidepot Content without notice or liability of any kind.
• No Resale of the PCS. You agree that this SPCSTOS is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the PCS, including, without limitation, the Sidepot Content.
• No Accuracy of Sidepot Content. The Sidepot Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the Sidepot Content. You should be aware that the Sidepot Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Sidepot Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Sidepot Content and will not be liable for any lack of the foregoing.
• No Warranty of Lawfulness of the PCS. Sidepot does not represent or warrant that every action you take with regard to your account and related activities in connection with the PCS, including, without limitation, the Sidepot Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the PCS, including, without limitation, the Sidepot Content.
• Entertainment Purposes Only. The PCS is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
• Collection of Personal Information. Sidepot reserves the right to use your email address to send you information regarding Sidepot, the PCS and our sponsor. Your email address will never be sold or shared with any third parties. At any time you can choose to be removed from further mailings. Sidepot will collect information from browsers by setting a cookie on your computer. The information collected using this cookie will be, for example, the type of browser you use, your I.P. address etc. This information is collected for security reasons, and with the aim of constantly improving our Web site to better meet your needs. Sidepot uses a session-cookie to authenticate our customers after login. This cookie is terminated as soon as you log out from your account. Sidepot will always strive to make no unnecessary use of cookies.
• Suspension and/or Termination of Your PCS Service Account. Sidepot expressly reserves the right to immediately modify, suspend or terminate your PCS Service account without refund and refuse current or future use of the PCS Service, if Sidepot, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this SPCSTOS.
• Suspension and/or Termination of the PCS. The PCS and its related benefits are offered at the discretion of Sidepot and Sidepot has the right to modify or discontinue, temporarily or permanently, the PCS, in whole or in part for any reason, with or without notice to you. You agree that Sidepot will not be liable to you or to any third party for any modifications or discontinuance of the PCS.
  

4. License and Proprietary Rights.

• PCS License. During the Term, Sidepot hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the PCS, including the Sidepot Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and Sidepot does not grant you any right or license in any Sidepot materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
• No Sublicense. Nothing herein shall be interpreted to mean, and Sidepot does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the PCS, including, without limitation, the Sidepot Content.
• Copyright Notices. The PCS, including without limitation, the Sidepot Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by Sidepot. You will abide by any and all additional copyright notices, information, or restrictions contained in the PCS, including, without limitation, the Sidepot Content or as Sidepot otherwise may impose from time to time.
• No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the PCS, including, without limitation, the Sidepot Content.
• No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the PCS, including without limitation, the Sidepot Content or take any action whatsoever in derogation of Sidepot's rights therein or in breach of any terms and conditions contained in this SPCSTOS.
• Reservation of Rights. Any and all rights to use the PCS Service, including, without limitation, any Sidepot Content not expressly granted to you under this Agreement are hereby reserved for Sidepot. Nothing contained in this Agreement shall affect, impair, or limit in any way Sidepot's rights to exploit fully the PCS Service, including, without limitation, any Sidepot Content.
• Proprietary Rights. You acknowledge and agree that Sidepot owns and shall retain all rights, title and interest in and to the PCS, including, without limitation, the Sidepot Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
• No License to Sidepot Trademarks. Nothing herein shall be interpreted to mean, and Sidepot does not grant you any right or license in any Sidepot trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with Sidepot, its parent, sponsor, subsidiaries or affiliates, in any manner whatsoever.
  

5. Representations and Warranties.

• You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the PCS any materials which: (a) Restrict or inhibit any other user from using and enjoying the PCS; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
• You represent, warrant and covenant that you will comply with the SPCSTOS in connection with your use of the PCS
  

6. Content Linked to Sidepot

You should be aware that when you are on Sidepot, you could be directed to other sites that are beyond our control. There are links to other sites from Sidepot’s pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Sidepot Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves Sidepot the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Sidepot is not responsible for those sites. We reserve the right to disable links from third-party sites to Sidepot, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to Sidepot.

7. Disclaimer of Warranties.

THE PCS, INCLUDING, WITHOUT LIMITATION, ALL SIDEPOT CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SIDEPOT SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SIDEPOT AND ITS SPONSORS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE PCS; (B) THE SIDEPOT CONTENT MADE AVAILABLE TO YOU THROUGH THE PCS SERVICE (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PCS; (D) THE ABILITY OF THE PCS TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PCS. SIDEPOT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PCS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PCS OR THE SERVERS THAT MAKE THE PCS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SIDEPOT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PCS IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PCS, INCLUDING, WITHOUT LIMITATION, THE SIDEPOT CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PCS, INCLUDING, WITHOUT LIMITATION, THE SIDEPOT CONTENT. FURTHER, SIDEPOT AND ITS SPONSORS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

SIDEPOT AND ITS SPONSORS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE PCS INCLUDING, WITHOUT LIMITATION, THE SIDEPOT CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS SPCSTOS.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL SIDEPOT AND ITS SPONSORS, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE PCS, EVEN IF FORESEEABLE OR SIDEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SIDEPOT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE PCS.

9. Indemnity.

You agree to defend, indemnify and hold harmless Sidepot and its sponsors, subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this SPCSTOS, including, without limitation, your use of the PCS, including, without limitation, the Sidepot Content. Notwithstanding the foregoing, Sidepot retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Sidepot herein under the terms and provisions of this Section 8 and in no event shall you settle any such claim without Sidepot's prior written approval.

10. Arbitration.

The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this SPCSTOS and/or the PCS. Any controversy or claim arising out of or relating to this SPCSTOS and/or the PCS shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Diego, County of San Diego.

11. Governing Law and Jurisdiction.

THIS SPCSTOS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in Section 10 of this SPCSTOS and/or for entering any judgment on an arbitration award, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the California state and federal courts located in the City of San Diego, County of San Diego, and State of California. The parties agree not to raise the defense of forum non conveniens.

11. Miscellaneous

This SPCSTOS contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this SPCSTOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this SPCSTOS or the intent of any provision of this SPCSTOS. It is the intent of the Parties that neither this SPCSTOS, nor any covenant in this SPCSTOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this SPCSTOS. If any provision of this SPCSTOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this SPCSTOS.

12. Report Violations

If you witness any user activity in the PCS that violates this SPCSTOS, please notify us of the activity via our contact information located at http://www.sidepot.net/pcs-contact.php Sidepot cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the PCS an enjoyable experience for everyone.

© SidePot.net 2005. All Rights Reserved.