Last Updated February 17, 2011
Welcome to the website of PokerGives.org. This user agreement ("User Agreement"), which includes our Privacy Statement, sets forth the terms and conditions for your use of the website we operate at PokerGives.org ("Our Site"). We may change this User Agreement (including the Privacy Statement) from time to time by posting an updated version on this page, or, if we determine that it's appropriate, we may post a special notice of the changes on our home page. By continuing to use Our Site after we have posted an updated User Agreement or special notice, you agree to the new User Agreement.
Please read this User Agreement carefully, because by using Our Site, you agree to be bound by and comply with its terms and conditions. If you do not consent to the User Agreement, you may not access or use Our Site.
Except where otherwise noted, content on Our Site
is licensed under an
Attribution-Noncommercial-Share Alike 3.0 Unported Creative Commons
license. This means that:
You are free:
♦To Share - to copy, distribute and transmit the work;
♦To Remix - to adapt the work;
Subject to the following conditions:
♦Attribution. You must attribute the work in the following manner: PokerGives.org (with a link to source page), but not in
any way that suggests that PokerGives.org endorses you or your use of the work.
♦Noncommercial. You may not use this work for commercial purposes.
♦Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or
similar license to this one.
More information about this Creative Commons license.
PokerGives.org and other logos and trademarks featured on Our Site are trademarks owned by PokerGives.org in the United States and other countries ("Our Trademarks"). You may not use Our Trademarks without valid, written authorization from us. Additionally, you may not use Our Trademarks (a) in connection with any product or service that does not belong to us; (b) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; (c) or in any manner that disparages or discredits us. You may not register any domain names containing any of Our Trademarks without our prior written consent in each case.
Links, Frames and Metatags
You may not frame the content of Our Site on any other website unless you first obtain our express and prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name without our express and prior written consent.
Links to Third-Party Websites
Material Provided By You and Other Users
Our Site may, from time to time, offer features that allow you to submit and share comments, questions, answers, information, images, photographs, video, or other works of authorship (all together, "User Content").
If you submit User Content to Our Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use the names, likenesses, voices, and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent, warrant, and covenant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including from each individual depicted in User Content; and (C) the User Content does not and will not violate any third party's copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal or other right of any kind. You irrevocably release (on behalf of you, your successors, heirs, family members, and executors) PokerGives.org and its affiliates from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, "moral rights," false right, libel, defamation, false advertising, intentional or negligent infliction of emotional distress) arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content.
We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify, or supplement User Content at any time for any reason without notice to anyone. User Content is not confidential and may be available to the general public via Our Site or otherwise. You represent and warrant that (1) you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit and (2) no User Content that you submit contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.
You are solely responsible for any User Content that you submit to Our Site. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We may restrict you from submitting new User Content or from otherwise participating in Our Site's interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with this User Agreement.
Conduct on Our Site
We value a diversity of viewpoints and expect users of Our Site to exhibit the same level of respect for others on Our Site as they would in any community forum. All users must practice discretion and maintain civility on Our Site.
Accordingly, you may not (A) submit, upload, post, email, transmit, or otherwise make available any User Content or other information that is unlawful, tortuous, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate; (B) submit any User Content or other information that you do not have the right to submit or that violates another party's right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam or bulk email, or any advertising or other form of communication that violates this User Agreement or any law or regulation; or (D) upload, post, email, transmit or otherwise make available any User Content or other materials or information that contain any computer code, file or program designed to interrupt, corrupt, destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on Our Site. If you believe that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office:
Thank you, Lisa Tenner, Co Founder
For more information contact
Michelle (Sassy) Richey
To comply with the Copyright Act, your Notice must be in writing and must include the following:
1. A physical or electronic signature of the
person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
1. A physical or electronic signature of the
2. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
4. The alleged infringer's name, address, and telephone number; and
5. A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on Our Site.
Our Site and the services and materials available through it are available "as is" and "as available." We do not warrant that Our Site or any of the services or materials available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials or services available through Our Site. We make no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on Our Site or services available through it or through links to third-party websites. We reserve the right to correct any errors or omissions in Our Site and our services. If you rely on Our Site and any materials or services available through it, you do so entirely at your own risk.
To the maximum extent permitted under law, we disclaim all express or implied warranties with respect to Our Site and any content, information, goods or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose (even if that purpose has been disclosed).
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other malicious code to Our Site, we do not guarantee or warrant that Our Site, or services or materials that may be available through Our Site, are free from such destructive features. We are not liable for any damages or harm attributable to such features.
Limitation of Liability
PokerGives.org, and its officers, directors, employees and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in Our Site or any services or materials available through Our Site including loss or injury that results from your breach of any provision of this user agreement.
Under no circumstances will Poker Gives or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of Our Site or services available through Our Site or this user agreement, regardless of the theory of liability, whether tort (including negligence), contract or any other legal or equitable theory. Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.
You agree to indemnify and hold harmless, Poker Gives.org and its officers, directors, employees, and agents against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that they may incur based on claims arising out of your violation of this User Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
We reserve the right to terminate any services offered through Our Site or to terminate Our Site and this User Agreement at any time without notice, for any reason, including, because of your violation of any of these provisions. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of this User Agreement (along with any other provision that by its terms contemplates survival) survive any termination of this User Agreement.
This User Agreement, which includes the Privacy Statement, is the complete agreement between you and PokerGives.org regarding your use of Our Site and is governed by the laws of the State of Nevada applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of Our Site and this User Agreement exclusively in the state and federal courts located in Clark County, State of Nevada, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts. If a court determines that any provision of this User Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of this User Agreement).
Please email us at Sassy@pokergives.org with any questions you may have about this User Agreement, including our Privacy Statement.
PokerGives.org is committed to protecting your privacy. Specifically, this Privacy Statement describes what information we collect through Our Site, how we use it, and how you can make choices about our use of that information. By using Our Site, you consent to our collection and use of information about you in accordance with this Privacy Statement.
Collection of Personal Information
Our service provider(s) ("Service Providers") collect personally identifiable information about you ("Personal Information"), such as your name, address, telephone number, and email address, through their websites when you voluntarily provide it. For example, our Service Providers ask for your Personal Information when you donate money to PokerGives.org or sign up to attend an event or to receive news about PokerGives.org by email. Our Service Providers provide your Personal Information, except for your credit card information, to us. We are not responsible for Service Providers' websites or their privacy practices. Service Providers' treatment of your information is governed by those sites' privacy statements, which you should review carefully to learn about their practices.
We will use your Personal Information for the purposes for which you provided it. For example, when you sign up to receive news from us, we will send you that news by email. You may also receive other email messages from us with special news, events, or opportunities. If you no longer wish to receive email from us, you can follow the opt-out instructions in the messages you receive. You may also make your request by sending an email Sassy@pokergives.org Anonymous Information and Cookies
We may also collect anonymous information about visitors to Our Site, such as the time and date of visits to Our Site, the length of the visit to Our Site, web pages viewed during a visit, the type of web browser used, the website that referred or linked you to Our Site, and visitor IP addresses, which are the numbers assigned to each computer to identify its location on the Internet. Some parts of Our Site rely on cookies, which are small data files placed on your computer to keep track of this anonymous information. We collect this anonymous information solely to analyze how visitors use Our Site so we can improve the quality of the information and services we provide. We do not use anonymous information to identify visitors individually except in circumstances where we may deem it necessary in connection with legal process or for similar reasons.
You are not required to accept cookies from Our Site. You can disable the cookies function, or delete existing cookies, using your web browser's options.
Sharing Information With Third Parties
We do not share your Personal Information with anyone except for our Service Providers (e.g., the companies that help us operate Our Site). Under no circumstances do we sell or exchange names or email addresses from our database.
We reserve the right to disclose and use Personal Information and anonymous information in special circumstances including: to enforce this Privacy Statement or any other part of our User Agreement; to protect our property or rights; to protect the safety of any one; or for other reasons we determine in good faith are necessary, appropriate, or required by law. Of course, if we ever merge with, are acquired by, or otherwise consolidate with another organization, Personal Information could be transferred along with our other assets.
Review and Update Your Personal Information
We will use reasonable efforts to let you review your Personal Information and, upon your instructions, to correct inaccuracies in your Personal Information from our databases. If you wish to review your Personal Information or have any questions regarding our treatment of your Personal Information, you can contact us by sending an email Sassy Richey at firstname.lastname@example.org Third-Party Information
From time to time, Our Site may have features that allow you to send communications related to Our Site to third parties, such as your friends and family. For these features to operate, Our Site will collect contact information from you about those third-party recipients ("Third-Party Information"). We will not use this Third-Party Information for any purpose other than to send the communications you have initiated. We may keep a record of the Third-Party Information for a period of time in case we decide we need to resolve problems related to the communications. If the third-party recipient wishes to have information about him or her deleted from our records, the recipient should contact us by sending email to Sassy@pokergives.org –director of operations.
We strive to keep your Personal Information in a secure manner and safeguard it from unauthorized access. Of course no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.
Location of Servers and Transfer of Information
Our servers are located in the United States. If you are located outside of the United States, be aware that the information you provide to us will be transferred to the United States. By using Our Site or providing your Personal Information to us, you consent to this transfer and to the collection, storage, processing and use of your Personal Information in the United States. If you are located in the United States, our Service Providers may not be located in your geographic area in the United States. By providing your Personal Information on Our Site, you consent to the transfer of your Personal Information to these Service Providers.
Children Under Age 13
Our Site is designed for use solely by individuals 13 years and older. By using Our Site, you represent to us that you are at least 13 years old. If you are not at least 13 years old, you may not use Our Site.
We do not knowingly collect personally identifiable information from children under the age of 13. In the event that we learn that we have inadvertently collected any personally identifiable information from a child under the age of 13 without verification of parental consent, we will delete that information. If you are a parent or guardian and you believe that your child under age 13 may have provided personally identifiable information through Our Site, please contact Sassy@pokergives.org.
Links to Third-Party Websites
Our Site may contain links to Third-Party Websites and content providers that may interest you. If you follow any link to a third-party site, you should review those sites' privacy statements to find out how they protect your privacy. We are not responsible for Third-Party Websites or their privacy practices.
For any questions you may have about this Privacy Statement, please contact us at:
Or email us at Sassy@pokergives.org