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.
You will not copy or record or in any way save videos, html pages, quizzes, or
any content made available through PokerXFactor.com accept 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.
Members are allowed to record their personal hand histories that they upload into the PokerXFactor Hand Viewer. However, members are not allowed to use any resulting videos or content for commercial use, nor can they alter, block, or obscure the PokerXFactor logo.
By submitting a poker hand history or when adding audio comments to any hand history, you release all rights to the hand history and audio comments and explicitly give Mindwise Media, LLC all rights to the poker hand history and audio. You agree that you will not be compensated monetarily or otherwise in any way that PokerXFactor.com or Mindwise Media, LLC may use the hand history or audio. You agree that the poker hand history, audio comments, and any video or animation made of the poker hand history can be posted publicly for any person to see or privately for PokerXFactor members to view.
The initiation fee may be partially refunded within 7 days of
registration if you are not satisfied with the product. There will be a bandwidth
restocking fee deducted from any refund in the amount of $15 for each subscriber-only
hand history, video, or
quiz viewed in your account. Therefore, if you view ten or more hand histories,
videos, or quizzes there is no partial refund available. In case you have technical difficulty viewing hand histories, videos, or quizzes,
you should immediately open a support ticket by clicking on the HELP link on
the left side of any page. Do not view multiple
different videos if you are having trouble, this will reduce any partial refund
you may request. The recurring monthly charge is non-refundable. You may cancel future
monthly charges at any time by logging into your MY ACCOUNT page and
clicking the Subscription Cancel link. If you request a refund, PokerXFactor reserves the right to permanently
cancel your membership without possibility of rejoining in the future. To request a partial refund, click on the HELP link and open a support ticket.
You shall use the site for lawful purposes only. 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 PokerXFactor'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 PokerXFactor's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. PokerXFactor reserves the right to view all Private Messages (PM) sent using software or systems provided by PokerXFactor 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 the United States 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 PokerXFactor
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. PokerXFactor eBooks can not 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 PokerXFactor 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 PokerXFactor 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 3 are for the benefit of PokerXFactor,
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.
3.Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
POKERXFACTOR, 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. POKERXFACTOR 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 POKERXFACTOR AND POKERXFACTOR IS NOT LIABLE FOR ANY MONETARY LOSSES
BY USERS OF THIS SITE.
IN NO EVENT WILL POKERXFACTOR, 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 PokerXFactor'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 PokerXFactor 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.
PokerXFactor shall have the right, but not the obligation, to monitor
the content of the site including any chat rooms and forums, to determine
by PokerXFactor and to satisfy any law, regulation or authorized
government request. PokerXFactor shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted
to or posted on the site. Without limiting the foregoing, PokerXFactor
shall have the right to remove any material that PokerXFactor in
its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
You agree to defend, indemnify and hold harmless PokerXFactor 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.
PokerXFactor, PokerXFactor.com, Mindwise Media, LLC, Mindwise, JohnnyBax, Sheets, and all page headers, custom graphics and
button icons are service marks, trademarks, and/or trade dress of PokerXFactor
or of the owner of such trademarks. All rights reserved. All other
trademarks appearing on the site are the property of their respective
Party Content. PokerXFactor 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 PokerXFactor.
In many instances, the content available through the site represents
the opinions and judgments of the respective information provider
or user. PokerXFactor 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 PokerXFactor employee
spokespersons while acting in their official capacities.
Terms. PokerXFactor has the right at any time to change or
thereof, or to impose new conditions. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without limitation,
posting on the site, or by electronic or conventional mail, or by
any other means. Any use of the site by you after such notice shall
be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
the State of New Jersey, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall
not be given any legal import.