Poolville Terms and Conditions ("Agreement")

This Agreement was last modified on May 7th, 2014.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://www.poolville.co/ ("the Site" and any “Services”) operated by Poolville, LLC ("us", "we", or "our") and you (“you” or “your” or “user(s)”) user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service at http://www.poolville.co/ and any other sub-domains such as, https://play.poolville.co. Our Site and Service are for entertainment purposes only; betting, gambling or wagering may be illegal in your jurisdiction. You are solely responsible for ensuring that you are in compliance with your jurisdiction’s laws. Please be aware that violating any local laws while using our Site and Service is a violation of this Agreement and could result in fines or imprisonment. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, accessing information, resources or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions as stated in this policy. Capitalized terms are defined in this Agreement.

Disclaimer

Poolville is a social platform for sports based pools focusing primarily on delivering amazing experiences and social interaction. We are not an online gambling operator, or gambling site of any kind. Our Site is established for entertainment purposes only.

Responsible Use and Conduct

By visiting the Site and accessing the information, resources and services that we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines: Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (username, credit card information, etc) as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our Site such as message boards and access to social media posts. You understand that generally we do not pre-screen or monitor the content posted by users of these various communications tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
   1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
   2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
   3. Contains any type of unauthorized or unsolicited advertising;
   4. Impersonates any person or entity, including any Poolville employees or representatives.
   We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
8. You agree to indemnify and hold harmless Poolville and their directors, officers, managers and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. You clearly understand that our Site and Service are for entertainment purposes only. Betting, gambling or wagering of any kind is completely disallowed.

Privacy

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Agreement. To read our privacy policy in its entirety, CLICK HERE.

Intellectual Property

The Site and its original content, features and functionality are owned by Poolville, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Poolville, LLC. Poolville, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License

Poolville, LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Warranty Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Poolville, LLC do not warrant that:

1. the Site will function uninterrupted, secure or available at any particular time or location
2. any errors or defects will be corrected
3. the Site is free of viruses or other harmful components
4. the results of using the Site will meet your needs or requirements.

Limitation Of Liability

In conjunction with the Warranty Disclaimer as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. In no event shall Poolville, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Please contact legal@poolville.co if you have any questions about this Agreement.