2. Description of Service
TheFestival.com is not a poker room operator, or a provider of online poker entertainment and gambling. We advertise and review selected poker rooms for advertising and informational purposes only. Online poker rooms presented on our web site are not to our knowledge operated within the United States of America.
TheFestival.com makes no representations or warranties of any kind as to (a) the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this web site; (b) the merchantability, fitness for use, title and/or non-infringement of any or all of the products or promotions offered by third parties; or (c) computer viruses, bugs, errors or defects in any software or services provided by ourselves or third parties which cause any damage to your computing device or other personal property. All information contained at this web site is provided "as is" and without warranty of any kind.
By visiting our web site and the poker rooms listed thereon, you confirm you understand, that it is possible to lose some or all of the monies deposited and wagered at these online poker rooms, and that you cannot and will not hold TheFestival.com responsible for such losses. Any losses incurred as a result of your playing at online poker rooms listed on TheFestival.com are not the responsibility of TheFestival.com or its affiliated companies, contractors or suppliers.
3. Your Obligations
Poker rooms listed on our web site are likely to change their promotions, rules and regulations on a regular basis. Individual poker rooms can, and often will, cancel a promotion without prior notice. TheFestival.com recommends that you check the rules and restrictions on the poker room's web site before playing on that site.
TheFestival.com recommends that you check with current laws in your area before playing at an online poker room. Online poker gambling must be legal in your town, state or country of residence, and you must be of legal age to gamble and pay applicable taxes in your town, state or country of residence. It is your responsibility to know and respect the local laws in place regarding online poker playing where you are playing.
By using this web site, you agree that you shall not: (1) provide any content or conduct yourself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically or otherwise objectionable, pornographic, (b) designed to interfere or interrupt this web site or any service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, (d) giving rise to a civil or criminal liability, or in violation of an applicable local, national or international law; (2) impersonate any person or entity, including, but not limited to, a TheFestival.com official, forum leader, or falsely state or otherwise misrepresent your association with any person or entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (3) collect or harvest any data about other users of this web site; (4) provide or use this web site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized advertising, without PokerListing.com’s prior written consent; and (5) provide any content that may give rise to civil or criminal liability of directors, officers, employees, agents, contractors, advertisers, partners of TheFestival.com or its affiliated companies, or that may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent or trade secrets.
5. Third-Party Web Sites
We provide links to external web sites and resources, such as online poker rooms. TheFestival.com has no control over these external web sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You agree that you will be subject to any and all rules applicable to those web sites and you will not and cannot hold TheFestival.com responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of such content available on such web sites or resources.
7. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this web site, including access to and use of this web site.
8. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND TheFestival.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TheFestival.COM MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER TheFestival.COM NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT TheFestival.COM MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheFestival.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF TheFestival.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
10. Reservation of Rights
TheFestival.com reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that TheFestival.com may have for this web site, its content, and the goods and services that may be provided. The use of TheFestival.com rights and property requires TheFestival.com's prior written consent. By making this web site and services available to you, TheFestival.com is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without TheFestival.com's prior written consent.
11. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, please contact us at [email protected].
TheFestival.com tries to provide complete, accurate, and current information. If you should observe any incomplete or inaccurate information, we would greatly appreciate being notified. We can be reached via e-mail at [email protected].
12. Applicable Law