Website Terms and Conditions
1. ACCEPTANCE OF TERMS
Smart Spin Ltd. (“Smart Spin,” “we” or “us”) registered in Malta under company number C 72630 with a registered office at Tigne Street 89/1, SLM 3170 Sliema, Malta provides its “Service” (as defined herein) to you (also “User”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Please read the TOS completely before using the Smart Spin website and internet forums. We recommend that you refer to the most current version of this TOS from time to time to help make sure you are aware of any such modifications, revisions, additions, or deletions to this TOS which can be viewed at any time at: http://smartspin.com/terms-of-use. Your use of the Service is conditional upon your acceptance of all terms and conditions contained within this TOS.
2. DESCRIPTION OF SERVICE
Smart Spin currently provides users with an interactive community and discussion forum (the “Forums”), in which Users can discuss, among other things, poker and gaming theory. Through Smart Spin and the Forums, users are able to become members, browse strategy posts, engage in various discussions, send private messages and contribute to the Smart Spin online community. Smart Spin also provides access to numerous online resources, including, various communication tools, forums, articles, reviews, guides, hyperlinks, personalized content and branded programming (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Smart Spin software, forum groups, or content, shall be subject to the TOS. You understand and agree that Smart Spin assumes no responsibility for the timeliness, deletion, delivery or failure to store any user communication or personalized settings. In addition, Smart Spin holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. Smart Spin may also choose, without notice or liability, to limit or restrict access to portions or of all its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service, in whole or in part to any third party.
Please note that the Service is strictly for entertainment and informational purposes only. The Service is not to be used for or in conjunction with any illegal activities. You agree that Smart Spin and its parents, subsidiaries, or affiliates, will not be liable or responsible for any User activity that may violate any law of the User's jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.
3. SERVICE CONTENT: INFORMATION, AND FEATURES
The Service contains information, advice, text, materials, and services (collectively, the "Content") that are provided for your convenience and entertainment. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
4. USER REGISTRATION OBLIGATIONS
Registration may be required for the access and use of certain portions of the Service. In consideration of your registration, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malta or other applicable jurisdiction. You also hereby agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration page. If you provide any information or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
5. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Smart Spin of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Smart Spin cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. USER CONTENT AND CONDUCT
From time to time, Smart Spin may permit you to upload information, advice, text, data, forum communications, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not Smart Spin, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. Smart Spin cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.
Smart Spin does not claim ownership of Your Content; however, you hereby grant Smart Spin a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that Smart Spin does not pre-screen Your Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse, or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Smart Spin and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You acknowledge and agree that Smart Spin may archive Your Content and may also disclose Your Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable. In addition, you hereby agree not to use Your Content or the Service in any other matter to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Smart Spin official, forum leader, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of Smart Spin or of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- collect or store personal data about other users.
By accepting the TOS, you agree that Smart Spin may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by Smart Spin to potentially endanger the Service, other users, or the Services ability to perpetuate.
8. DISCLAIMER OF SERVICE RESALE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Smart Spin has no control over such sites and resources, you acknowledge and agree that Smart Spin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Smart Spin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Other sites may link to, but not replicate Smart Spin content. Any other site that links to the Service shall not (i) create a browser or border environment around any of the content of the Service, (ii) imply that Smart Spin is endorsing or sponsoring it or its products, (iii) present false information about Smart Spin or its products or services, (iv) use Smart Spin’s trademarks or other intellectual property, or (v) contain content that could be construed as distasteful, offensive or controversial, without the express written consent of Smart Spin.
Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
You agree that Smart Spin may, under certain circumstances and without prior notice, immediately terminate your User account, any associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity.
Termination of your Smart Spin Forums account includes, but is not limited to: removal of access to all offerings within the Service; deletion of your password and all related information; and, barring further use of the Service. Further, you agree that all terminations for cause shall be made in Smart Spin’s sole discretion and that Smart Spin shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
11. DISCLAIMER OF WARRANTIES
The service, including all content, software, documents, functions, materials, graphics, and information made available on or accessed through or sent from the service, are provided "As is." to the fullest extent permissible by law, smart spin and its officers, employees, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever about:
- the content on and provided through the service;
- the materials, information and functions made accessible by the software used on or accessed through the service;
- the materials, messages and information sent from the service by users;
- any products or services offered by third parties or hypertext links to third parties; and/or
- any breach of security associated with the transmission of sensitive information through the service or any linked site. smart spin does not warrant that the functions contained in the service or any materials or content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the service or the servers that makes it available are free of viruses or other harmful components.
- smart spin does not warrant that your activities or use of the service is lawful in any particular jurisdiction and, in any event, specifically disclaim such warranties. you understand that by using any of the features of the service, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. further, smart spin and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title and noninfringement.
- smart spin and its subsidiaries and affiliates shall not be liable for the use of the service including, without limitation, the content and any errors contained therein. some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.
12. LIMITATION OF LIABILITY
Under no circumstances shall smart spin be liable to you for any direct, indirect, consequential, incidental, exemplary, or special damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the service, even if foreseeable or if smart spin has been advised of the possibility of such damages whether in an action of contract, negligence or other tortious action. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, smart spin's total liability to you for all damages, losses, or causes of action may not exceed one hundred euro (€100).
You agree to defend, indemnify, and hold harmless Smart Spin and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
14. COPYRIGHTS & TRADEMARKS
The Service is protected by copyright pursuant to the laws of Malta, international conventions and other copyright laws. The Content contained on the Service is protected by copyright and are owned or controlled by Smart Spin or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from Smart Spin or the copyright holder as identified on the Service.
SMART SPIN and other service marks, trademarks and logos displayed on the Service are the property of Smart Spin or its licensors. You agree not to display or use the Smart Spin intellectual property in any manner.
Elements of the Service including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by Smart Spin.
By agreeing to the TOS, you agree and understand that Smart Spin may terminate use of the Service, as detailed in Section 10, in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.
15. GOVERNING LAW; JURISDICTION AND VENUE
The TOS and the relationship between you and Smart Spin shall be governed by the laws Malta. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the courts of Malta. The parties agree not to raise the defense of forum non conveniens.
16. MISCELLANEOUS INFORMATION
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party. It is the intent of the parties that said rule is not applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.
Smart Spin’s Policy on End User Advertising
Posts made with the intent of the promotion of any goods or services, including other websites, will be deemed spam and will not be allowed.
- Users are not permitted to promote for-profit special interests, services or products within forum threads or posts (this may include some not for profit special interests as well, Smart Spin’s moderators can evaluate these scenarios on a case by case basis). Threads or posts that do not follow this policy will be considered SPAM by Smart Spin, subject to deletion, and the offending user may be penalized with an infraction or banning at the forum moderator’s discretion.
- Users are not permitted to promote for-profit special interests, services or products within the users location, title or username (this may include some not for profit special interests as well, Smart Spin’s moderators can evaluate these scenarios on a case by case basis). Users who modify their locations, title, or username so they do not follow this policy may be penalized with an infraction or banning at the forum moderator’s discretion. This rule also forbids statements such as “blogging”, “coaching” or “PM for rakeback”.
- Special branded usernames are permitted only when pre-approved by a moderator. These branded usernames are permitted to use an avatar that contains the brand logo without the url – but they are not permitted to post outside of their respective forums.