Terms & Conditions
ShowdownPokerGear.com Terms of Use Agreement
December 1, 2009
Showdown Poker Gear, LLC. (“Showdown Poker Gear” or “SPG” or “we”) operates ShowdownPokerGear.com (the “Site”). This Terms of Use Agreement (“Agreement”) constitutes legally binding terms and applies to your use of the Site and may be modified from time to time. By accessing, using, or posting photographs or any other media to the Site, you agree to be bound by this Agreement.
1. Sharing your photographs or other media (“Your Content”).
You own all of Your Content that you post to the Site. By posting Your Content to the Site, you specifically grant to SPG a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of Your Content that you post to the Site. If any of Your Content is found to violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any of Your Content posted by you on or through showdownpokergear.com.
2. Restrictions on Your Content.
By posting any of Your Content to the Site, you agree that
a) You understand that not all of Your Content will be published on the Site;
b) SPG has the right to review all of Your Content that is posted to the Site;
c) None of Your Content will be published on the Site until and after SPG has reviewed Your Content;
d) You will not post any content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
e) You will not upload viruses or other malicious code;
f) You will not link back to showdownpokergear.com when posting your content to other sites.
3. Use of Forums.
Violation of any of the following terms could lead to
a) You will not use the Forums to advertise or link to other websites;
b) You will not link to any viruses or malicious code;
c) You will not use any Prohibited Content. “Prohibited Content” includes content that is, in SPG’s sole discretion,
1) offensive or promotes or incites racism, bigotry, hatred, or physical harm of any kind against an individual or group;
2) exploits people in a sexual or violent manner;
3) publicly posts information that poses or creates a privacy or security risk to any person;
4) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to them;
5) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming.”
6) violates or attempts to violated the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person.
4. Limitation of Liability.
IN NO EVENT SHALL SPG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITITVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS ARISING FROM YOUR USE OF THE SITE, WHETHER SPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPG FOR ANYTHING OTHER THAN THE PURCHASE OF SPG PRODUCTS. “SPG PRODUCTS” MEANS ANY APPAREL AVAILABLE FOR PURCHASE THROUGHT THE SITE.
5. Indemnity.
You agree to indemnify and hold SPG, its subsidiaries, employees, agents, and assigns harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorney’s fees, made by a third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any of Your Content that you post of the Site.
