TERMS OF SERVICE
1. Terms & Conditions of Use
By using this site, you signify your assent to bitbcash.com Terms and Conditions of Use, as follows. If you do not agree to these terms, please do not use this site. We reserve the right to make changes to these terms. Please check back from time to time to ensure that you are aware of these changes. Your continued use of this site will signify your acceptance of these changes.USE OF OUR WEB SITE (GENERAL)
We, BitB Cash Ltd operate a web site at www.bitbcash.com (Site) which is a site for poker-related educational material, forums, and tools for poker players. As a voluntary user of the site, either as a registered or unregistered user, you are accepting in these Terms and Conditions of Use which are set forth below and which may change from time to time. Thus we encourage you to review these Terms every time you log on.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and BitB Cash Ltd. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words “use” and/or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein.
2. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
Sharing of passwords and multiple simultaneous logins by different users is prohibited and may, at BitB Cash’s option result in cancelation of an account including forfeiture of any monies paid to date. BitB Cash may request verification of the user login (by credit card or other means) in the event that it suspects a violation of this policy. BitB Cash may also limit multiple simultaneous logins by the same user or IP address.
3. RECURRING FEES AND MEMBERSHIPS
When you subscribe to our Services, you must provide to us your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information for the payment method that you provide to pay the periodic membership fee (the “Payment Method”). Fees paid by you for Services are not refundable. By requesting membership to the Site and by accepting the benefits of becoming a member, you agree that as a condition of your continued membership to authorize us or our agent to charge your Payment Method the periodic membership fee applicable to your membership plan in effect from time to time, on each periodic anniversary date of that plan, until your membership is canceled or converted to a basic (free) membership. For example, if you have a monthly plan and your paid membership began on April 2, your periodic anniversary date is the 2nd of each month, and your Payment Method will be charged for the applicable periodic (monthly) membership fee on that date each month. Your Payment Method will be charged on the first day of the following month if the periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month).
Payments are handled by a third party card processor unaffiliated with BitB Cash.
4. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
a. be libelous, slanderous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else;
b. affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
c. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”, or encourage other users to copy a message;
d. be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
e. transmit, distribute or upload programs or material that contain malicious code, such as viruses, so called “timebombs”, “cancelbots”, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions;
f. create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
g. disrupt the normal flow of the Site (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to participate in the use of the Site;
h. contact anyone who has asked not to be contacted;
i. “stalk” or otherwise harass anyone;
j. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
k. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
l. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
m. Sharing passwords with other users.
n. Multiple simultaneous logins
In addition, if you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in BitB Cash’s sole and absolute discretion. BitB Cash reserves the right to disable embedded links at any time without notice as well as reserve the right to ban any user with or without a warning for violating any of the above statements.
Any paid member may cancel his/her paid membership at anytime on the Site by downgrading their subscription to the basic (free) account. At the expiration of a paid membership, the user’s account will be downgraded to a basic (free) account.
6. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of BitB Cash, under U.S. Federal and State, as well as applicable International laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without our express prior written consent. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
If you post something on the Site or submit video footage to us which is used in a video release, you are granting us an unlimited perpetual royalty free license to use or modify whatever is posted.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
8. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
BitB Cash hereby grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting user, using the embedded link function, placing store orders or for accessing information, Applications (as defined herein) and services. BitB Cash reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to BitB Cash. Unless you have received specific written permission from BitB Cash, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
9. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
BitB Cash may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the BitB Cash Site.
The Applications that are made available to you are the copyrighted work of BitB Cash. The use of each Application is governed by this Terms and Conditions agreement or a separate end user license agreement that may accompany such Application. In the event that no end user license agreement accompanies the Application, then only this Terms and Conditions of Use apply.
BitB Cash may cease support of this site or any Application at any time in its sole discretion or terminate your use of or access this Site or to any Application.
10. In entering into this Agreement with you, BitB Cash relies upon your unconditional representations and warranties that: (a) your use of the Services is lawful and in full compliance with this Agreement; (b) your use of the Services does not violate or infringe upon the rights of others; (c) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose BitB Cash to criminal or civil liability, or prevent others from enjoying the Services; (d) you will not upload or post to the BitB Cash Site any information or materials that is protected by copyright, trademark, or other proprietary rights without the written permission of the owner of that copyright, trademark, or other proprietary right; (e) by submitting any material to BitB Cash or on any public area of the Site, you automatically grant or warrant that the owner of such material has expressly granted BitB Cash a 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; and (f) you will not reverse-engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any software used by BitB Cash to protect its proprietary interests in the Service or related materials.
11. BitB Cash DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE SERVICES AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES, AND SKILLS.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BitB Cash MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, PERFORMANCE, DESIRED RESULTS, OR SUITABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BitB Cash DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITIES AND REMEDIES
BitB Cash AND ITS EMPLOYEES, ADVISORS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, REGARDLESS OF WHETHER BitB Cash WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO US (IF ANY) BY YOU FOR USE OF THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH A CLAIM. 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. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR BitB Cash TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
13. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, BitB Cash.
14. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, your account will remain active. If you wish to discontinue use of the site, you should no longer log into your account.
You agree to indemnify, defend and hold the Site, BitB Cash, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your postings.
We respect your privacy and the use and protection of your Personal Information.
BitB Cash may request and/or collect information from you on a voluntary basis when you: register with us, post on our site, or when you send questions or comments via e-mail to BitB Cash, customer support. The requested information may include personal information such as your name and e-mail address.
If you are receiving e-mails or regular mail and at a later date you choose to opt out and have your name removed from the e-mailing list.
As part of our regular business conduct, we may share information with companies or individuals providing services or acting on our behalf, such as companies providing technological or fulfillment services. In the event that there is a change of corporate ownership, the new owners will of course be provided with our files, including information you have submitted. We will also share information with government officials, including law enforcement officials or court authorities, in order to cooperate with a legitimate investigation.
Unless we tell you first (such as at the time we collect information from you), or unless it is part of a specific program or feature in which you have elected to participate, we do not share personally identifiable information that we have collected (such as name or e-mail address) with other, third-party companies for their own commercial or marketing purposes.
From time to time we may include at the Site links to other websites as a service to you. The third party sites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information, as we are not responsible for the privacy practices of those sites.
BitB Cash may also collect your IP address for safety and security purposes. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
Other non-personal information collected by BitB Cash is in the form of logs – files that record website activity, including how many “hits” a particular web page is getting (a.k.a., “click-through data”). For example, log file entries are generated every time a visitor clicks the “Home” icon on our site. These entries enable BitB Cash to assess overall site activity, track interest in advertised sales, track interest in purchase behavior, and troubleshoot technical concerns.
Through the use of log files, we may also collect certain demographic information such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.
To provide relevant information not found on our web site, BitB Cash may provide links from our web sites to third party web sites and we encourage our users to read third party sites’ privacy policies before submitting personal information. All the downloads and Exe files provided on this site are from a third party and BitB Cash is not responsible for any files or adware that gets installed by their games and screensavers. They contain several adware products so download and install at your own risk. BitB Cash resumes NO responsibility. BitB Cash is not responsible for the privacy practices of the content of third party sites’. BitB Cash hereby disclaims any representations or warranties expressed on any site other than its own site.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
17. INTERNATIONAL USAGE
This Site is controlled and operated by BitB Cash from its offices in Edinburgh, Scotland. BitB Cash makes no representation that the Site, Applications, or related information offered by BitB Cash are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to BitB Cash Ltd. by email to: [email protected]