Terms and Conditions of Use
KickstartPoker.com is a site for poker-related educational material. As a voluntary user of the site, either as a registered or unregistered user, you are accepting these Terms and Conditions of Use which are set forth below and which may change from time to time. Thus we encourage you to review these Terms every time you log on.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and KickstartPoker.com. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words “use” and/or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein.
2. USER ACCOUNT
The “Service” means the Website and any content or services that KickstartPoker.com provides on or through the Website, including without limitation the content subscription and paid services, videos, audio files, podcasts, downloads, articles, blogs, and private messaging. To become a “User” and be eligible to access and use the Service (except those portions of the Website to which KickstartPoker.com allows access without registration), you must create a User account by registering on the Website. To open a User account, you must complete the registration process for the Service by providing KickstartPoker.com with the information requested on the registration page on the Website and accepting these Terms. By establishing a User account, you represent and warrant that all information you provide is current, complete, and accurate and, if you are an individual, that you are 18 years of age or over.
You shall promptly update all registration data to keep it true, accurate, current, and complete. Should KickstartPoker.com suspect that any information you provide is untrue, inaccurate, not current or incomplete, KickstartPoker.com has the right to suspend or terminate your use of the Service. When you register, KickstartPoker.com will ask you to provide a user name and password. You will be responsible for all activities that occur under your user name and password and therefore you should keep your password confidential.
You agree to notify KickstartPoker.com immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. KickstartPoker.com reserves the right to require you to alter your user name and/or password if KickstartPoker.com believes that your User account is no longer secure. No contract will exist between you and KickstartPoker.com for the Service until KickstartPoker.com accepts your request to register for a User account by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
Membership at this site is limited to a single individual per membership. You agree to never share Login IDs nor passwords. Doing so is illegal and could result in the termination of a paying membership. Violators of this policy will be responsible for lost membership fees caused by sharing of Login IDs and Passwords.
Sharing of passwords and multiple simultaneous logins by different users is prohibited and may, at KickstartPoker.com’s option result in cancelation of an account including forfeiture of any monies paid to date. KickstartPoker.com may request verification of the user login (by credit card or other means) in the event that it suspects a violation of this policy. KickstartPoker.com may also limit multiple simultaneous logins by the same user or IP address.
You will not copy or record or in any way save videos, html pages, quizzes, or any content made available through KickstartPoker.com except as noted below. Doing so is illegal and is a copyright violation and could result in the termination of a paying membership. Violators of this policy will be responsible for lost revenue and copyright violation penalties.
By submitting a poker hand history to KickstartPoker.com, you release all rights to the hand and explicitly give KickstartPoker.com all rights to the poker hand history, and you agree that your poker name or identification can be show on the site or where ever the hand may be displayed. You agree that you will not be compensated monetarily or otherwise in any way by KickstartPoker.com or by anyone associated with KickstartPoker.com. You agree that the poker hand history and any video or animation made of the poker hand history can be posted publicly for any person to see or privately for KickstartPoker.com members to view.
KickstartPoker.com reserves the right to establish standard pricing tiers for Products, including one-time purchase pricing or subscription pricing. KickstartPoker.com’s current pricing levels are listed on KickstartPoker.com. You acknowledge and agree that KickstartPoker.com may change its Standard Pricing at any time by posting notice of such change and stating the date upon which such new pricing shall take effect.
4. RECURRING FEES AND MEMBERSHIPS
When you subscribe to our Services, you must provide to us your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information for the payment method that you provide to pay the one-time or periodic membership fee (the “Payment Method”). Fees paid by you for Services are not refundable outside of our seven (7) day refund period. By requesting membership to the Site and by accepting the benefits of becoming a member, you agree that as a condition of your continued membership to authorize us or our agent to charge your Payment Method the periodic membership fee applicable to your membership plan in effect from time to time, on each periodic anniversary date of that plan, until your membership is canceled.
Payments are handled by a third party card processor unaffiliated with KickstartPoker.com
Any paid member may cancel his/her paid reoccurring subscription membership at any time on the KickstartPoker.com Site.
KickstartPoker.com offers registered users a seven (7)-day, no-questions-asked money back guarantee on courses, course bundles and site subscriptions. If you, as a user, are unhappy with a course, course bundle or site subscription and request a refund within seven (7) days of the date that you paid for access to that course, course bundle or site subscription, we will provide you with a full refund of the amount you paid minus credit card and processing fees.
The only exclusion is if you attempt to download, rip, mirror or otherwise copy content from our members area for offline use. Anyone caught doing this will not be entitled to a refund.
To request a refund, please contact us to initiate a refund request. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
7. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
KickstartPoker.com hereby grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting user, using the embedded link function, placing store orders or for accessing information, Applications (as defined herein) and services. KickstartPoker.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to KickstartPoker.com. Unless you have received specific written permission from KickstartPoker.com, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
8. RESTRICTIONS OF USE
You shall use the site for lawful purposes only. You are permitted to use the Service only for your own personal use. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without KickstartPoker.com’s express prior approval, you shall not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in KickstartPoker.com’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. KickstartPoker.com reserves the right to view all Private Messages (PM) sent using software or systems provided by KickstartPoker.com or related websites.
The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, eBooks, downloadable files, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of KickstartPoker.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. KickstartPoker.com eBooks cannot be printed.
You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted KickstartPoker.com the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user’s personal use. You grant KickstartPoker.com the right to edit, copy, display, publish and distribute any material made available on the site by you.
Your access to the site, other than to portions open to the public, is controlled by your individual password. You may not share your password with anyone else or permit your password to be used to provide anyone else with access to non-public portions of the site.
The foregoing provisions of Section 8 are for the benefit of KickstartPoker.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
9. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, slanderous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”, or encourage other users to copy a message;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, so called “timebombs”, “cancelbots”, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions;
- create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- disrupt the normal flow of the Site (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to participate in the use of the Site;
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
- Sharing passwords with other users.
- Multiple simultaneous logins.
In addition, if you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in KickstartPoker.com’s sole and absolute discretion. KickstartPoker.com reserves the right to disable embedded links at any time without notice as well as reserve the right to ban any user with or without a warning for violating any of the above statements.
10. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of KickstartPoker.com. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well.
The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of KickstartPoker.com.
Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
If you post something on the KickstartPoker.com Site or submit video footage to us which is used in a video release, you are granting us an unlimited perpetual royalty free license to use or modify whatever is posted.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
12. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER KICKSTARTPOKER.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. KICKSTARTPOKER.COM DOES NOT GUARANTEE ANY RESULTS OR IMPROVEMENTS OF USERS IN THIS SITE CONCERNING THE USERS RESULTS IN ANY CARD GAMES.
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. ANY LOSSES INCURRED IN POKER OR GAMBLING BY USERS OF THIS SITE IS NOT THE RESPONSIBILITY OF KICKSTARTPOKER.COM AND KICKSTARTPOKER.COM IS NOT LIABLE FOR ANY MONETARY LOSSES BY USERS OF THIS SITE.
13. LIMITATION OF LIABILITIES AND REMEDIES
IN NO EVENT WILL KICKSTARTPOKER.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KICKSTARTPOKER.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SPYWARE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KICKSTARTPOKER.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless KickstartPoker.com and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.
KickstartPoker.com, KickstartPoker.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of KickstartPoker.com or of the owner of such trademarks. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
17. THIRD PARTY CONTENT
KickstartPoker.com has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of KickstartPoker.com. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. KickstartPoker.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized KickstartPoker.com employee spokespersons while acting in their official capacities.
18. CHANGED TERMS