If you wish to become a Member and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by 1to5.com from time to time. We reserve the right, at our discretion, to modify these Terms. We will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the website. Your continued use of this Site following the posting of changes to these Terms will mean you accept those changes.
By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
Membership in the Service is void where prohibited. You agree to:
By creating an Account on our service and becoming a member, you agree to subscribe to a weekly email with the latest hands, and to marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
A. 1to5.com hereby grants you permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without 1to5.com’s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
B. In order to access some of the services of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 1to5.com immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of 1to5.com or others due to such unauthorized use. 1to5.com will not be liable for your losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the 1to5.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. 1to5.com grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. 1to5.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
D. 1to5.com has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.
1to5.com does not claim any ownership rights to a portion of the content in the site such as, but without any limitation, hands details which includes, but without any limitation the players’ names, the players’ images, the place where the hand was taking place at, live and/or online.
The trademarks, patents , logos, shapes and symbols, services, web designs, hands replayer design, hands analysis videos and audios, titles and interests , trade secrets, patents, copyrights, service marks, , know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic, contained therein ("Marks"), which are been use in the site and related to our services are owned by or licensed to 1to5.com. Content on the Site may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without 1to5.com’s prior written consent.
1to5.com reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
The Site permits the submission of Content by You and other users (“User Submissions”). You understand that whether or not such User Submissions are published, 1to5.com does not guarantee any confidentiality with respect to any User Submissions. 1to5.com has complete discretion whether to publish Your User posts and other content as well. You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them therefore you represent and warrant that:
You retain all of your ownership rights in your user Submissions. However, by submitting the user Submissions to 1to5.com, You hereby grant 1to5.com a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and 1to5.com’s (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
Fully-paid and royalty-free (meaning that 1to5.com is not required to pay you for the use or for the posts you added/updated on the site), sub-licensable and worldwide.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 1to5.com’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
1to5.com attempts to be as accurate as possible. However, 1to5.com cannot and does not warrant that the Content available on the Site is and through our emailing system is accurate, complete, reliable, current, or error-free, such as, but not limited to, dates of hands, place where the hand was taking place at, buy in, stacks behind players, small blind and big blind and straddle amount on each hand, the wagers rounds on each hand, the wagers amount on each hand, the action took by players during the hand, the other players’ stacks, names and seats in the hand besides the feature player . 1to5.com reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
To the extent permitted under applicable laws, you hereby release 1to5.com (folton gold inc) from any liability related to: (a) any incorrect or inaccurate Content posted on the Services of 1to5.com or 1to5 emailing system, whether caused by 1to5, any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) and adverting content available to you through the Services, such as, but not limited to, adverting banners and/or links on 1to5 and on 1to5 emailing system(c) the conduct, whether online or offline, of any user of the Services or Member; (d) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (e) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites and/or Members, whether online or offline; and (f) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Member communications.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS 1TO5.COM SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF 1TO5.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND 1TO5.COM , THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED 1TO5.COM DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT 1TO5.COM WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT 1TO5.COM 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.
1TO5.COM DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER 1TO5.COM USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT 1TO5.COM IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. 1TO5.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL 1TO5.COM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF 1TO5.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE 1TO5.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to indemnify and hold 1to5.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of 1to5.com, its users or the public.
1to5.com does not takes as well any responsibility for third-party advertisements, such as but not limited to advertising banners or links, affiliate banners or links, which are posted on the 1to5.com website or through the 1to5.com services such as , but not limited to, our emailing system to members, nor does it take any responsibility for the goods or services provided by its advertisers. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. You will not hold 1to5.com, its subsidiaries and or affiliates responsible for the illegality or any error, inaccuracy or problem with the advertisement or sponsorship.
You may access and use the Services using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the Services via a mobile device is subject to the terms and conditions of this Agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of Content. By accessing and using the Services with a mobile device you acknowledge and agree that you may receive certain communications from the Services (such as , but not limited to, text messages, mobile emails, or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using the Services via mobile devices, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees. If you choose to update your profile with information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (a) such information may be made available to every viewer of your Member profile and (b) 1to5.com does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other Members.