SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Use of Phil Hellmuth's Texas Hold'em and Texas Hold'em by Phil Hellmuth offered by Oasys Mobile, Inc. (USA) ("the Service") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. Oasys Mobile may modify these Terms and Conditions at any time, with modifications becoming effective 30 days after they are first posted on the Service. Your continued use of the Service following the 30-day notice period signifies your binding acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.
1.2 Entire Agreement These Terms and Conditions, along with the game rules and any other obligations and rules detailed in writing on the Service, constitute the entire agreement between you and Oasys Mobile. These Terms and Conditions cannot be modified on an individual basis by you or by any person affiliated, or claiming affiliation, with Oasys Mobile. Nothing in this subsection will prevent Oasys Mobile from modifying the terms of these Terms and Conditions and posting such modifications on the Service as described above in Section 1.1.
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1 Acknowledgment of Proprietary Rights By using the Service, you acknowledge that all materials and information contained on the Service (the "Content") may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks or other proprietary rights or as a trade secret, and that all such rights are owned by Oasys Mobile. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, except that you may download one copy of any game offered on the Service for your personal, non-commercial mobile phone use only, provided you keep intact all copyright and other proprietary notices. Oasys Mobile neither warrants nor represents that your use of the Content displayed on the Service will not infringe rights of third parties. While Oasys Mobile uses reasonable efforts to include accurate and up-to-date information, Oasys Mobile makes no warranties or representations as to the accuracy of the Content, and assumes no liability or responsibility for any errors or omissions in the Content.
Any communication or material you transmit to or through the Service by email or otherwise, including, without limitation, any data, questions, comments, suggestions or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Oasys Mobile or its affiliates for any purpose, including, but not limited to, reproduction (in original or modified form), disclosure, transmission, publication, broadcast and posting. Furthermore, Oasys Mobile, its agents and contractors are free to use any ideas, concepts, know-how or techniques contained in any communication you send to Oasys Mobile for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Service, including the names of all games, are registered and unregistered Trademarks of Oasys Mobile and/or others. Nothing contained on the Service should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of Oasys Mobile or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, or any other content on the Service, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Oasys Mobile will aggressively enforce its intellectual property rights to the fullest extent of the law.
2.2 User Names At the time of initial registration to participate on the Service, you will be required to submit an alias that will be your user name. Oasys Mobile reserves the right, in its sole discretion, to change, suspend and/or terminate offensive aliases. By participating in the Service, you agree that Oasys Mobile may display your user name and Service records.
2.4 Scope of Permitted Use Use of the Service is limited to recreational use and communications related thereto. You agree not to use the Service for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on or through the Service in any manner; to interfere with or disrupt the operation of the Service or the networks or servers connected to Oasys Mobile or its Web site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party or is otherwise unlawful or offensive; to harass or otherwise harm Oasys Mobile or any other person or entity; or to engage in commercial activities of any kind.
From time to time Oasys Mobile may offer you the ability to use certain other interactive applications in connection with the Service, including, for example, chat areas, bulletin boards, or SMS text messaging functions "Applications"). Oasys Mobile grants you a limited license to use the Applications subject to the following conditions:
(a) You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Service ("Materials") are the sole responsibility of the person from whom the Materials originated. This means you, and not Oasys Mobile, are entirely responsible for the Materials you transmit to or through the Service. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.
(b) You will not create a user name, screen name or label, or upload to, distribute through or otherwise publish through the Service, any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
(c) Your Materials shall not infringe the copyrights, trademarks or other intellectual property rights of Oasys Mobile or any third party.
(d) Your Materials shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
2.5 Abuse Anyone who exceeds the authorized use of the Service or displays behavior consistent with the use of unfair methods on the Service, including but not limited to the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), any breach of the terms of the agreement between you and Oasys Mobile, or any breach of the security of your account or the Service (collectively, "Abuse"), shall be subject to immediate sanction (as determined by Oasys Mobile in its sole discretion), up to and including account termination and blocking of Service access.
Any attempt to gain unauthorized access to Oasys Mobile's systems or any account, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account.
Any attempt to participate in the Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, will result in civil and/or criminal prosecution and termination of your account.
2.6 Account Termination Oasys Mobile reserves the right, in its sole discretion, to terminate your account and limit or prohibit your participation in the Service.
SECTION THREE - GENERAL CONDITIONS
3.1 Limitation on Liability BY USING THE SERVICE, YOU AGREE THAT OASYS MOBILE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE, LOSS, OR INJURY CAUSED BY USING A GAME FROM THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT (1) OASYS MOBILE IS NOT LIABLE FOR ANY DAMAGE TO YOUR MOBILE PHONE, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SERVICE.Oasys Mobile also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your mobile phone or other property resulting from your attempted or actual access to, use of, or browsing in the Service.
3.2 No Warranty ALL GOODS AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH OASYS MOBILE OR THE SERVICE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
3.3 Hacking, Tampering, or Unauthorized Access; Technical Failures By participating in the Service, you agree that Oasys Mobile is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your account on the Service. Oasys Mobile is not responsible for any interruption in or suspension of game play on the Service caused by technical failures.
3.4 Third Party Links From time to time, reference links may appear on the Service that may be used to link to web sites of third parties. These links are provided as a courtesy to our users. Oasys Mobile has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. Oasys Mobile is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. Oasys Mobile reserves the right to terminate any link at any time.
3.5 Legality You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service and are solely responsible for obeying those laws. You agree Oasys Mobile cannot be held liable if laws applicable to you restrict or prohibit your participation. Oasys Mobile makes no representations or warranties, implicit or explicit, as to your legal right to use the Service nor shall any person affiliated, or claiming affiliation with the Service have authority to make any such representations or warranties.
3.6 Governing Law and Choice of Forum for Disputes These Terms and Conditions will be governed and construed in accordance with the laws of the State of North Carolina, irrespective of any principles of conflicts of law. You agree that any legal action arising from any dispute shall proceed only in a court of competent jurisdiction in Wake County in the State of North Carolina.
3.7 Severability If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.