Terms of Service
WELCOME TO POKERKNAVE!
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Pokerknave is the free, social networking website for poker players no matter their level of skill. All you need to do is agree to the below Terms of Service, which, as you’ll see, generally cover:
1) Our Zero Tolerance policy about Spamming ,
2) The Pokerknave Respect Everyone policy (for fellow community members, models, bloggers, people on and offline everywhere)
3) Income generation
This is the Pokerknave User Agreement (the “Agreement”) that governs Pokerknave.com. We hope you find these terms to be both clear and acceptable. By your use of the Site you signify your acceptance of this Agreement.
This Agreement applies to all users accessing the Site, is legally binding on you, and will affect your rights regarding information and material you post. If you upload or otherwise add any proprietary material to the Site, the terms applying to writers apply to you. The terms “you” and “your” refer to you, the writer/user, model, contributer. The terms “Pokerknave”, “we”, “us”, and “our” refer to Pokerknave.com.
By using Pokerknave.com’s platform and community forums, you are agreeing to the following terms and conditions (“Terms of Service”).
These Terms apply to anyone who uses Pokerknave (the Service), from our Members and Content provider, to people stopping by and using the social tools featured on Pokerknave forum
When you’re ready to become a Pokerknave Content provider these terms will continue to apply to you and any content that you put into your account. We’re in this together—the more you give, the more you get—and to protect our Content provider against spammers or other abuse, we’ve laid out clear guidelines. Our goal is to treat every Member and Content provider fairly and with respect, and to make sure this community is a fun, engaging, diverse, positive place. Please let us know how we can do better, drop us a note with your suggestions.
These Terms may change from time to time; you can always check in on the most current version. By your continuing use of the service, you’re agreeing to these terms.
2. DESCRIPTION OF SERVICE.
Pokerknave makes available a collection of resources to registered (free) account holders (Members and Content provider), including hosting services (the “Service”) for our (“Content provider”) who wish to create their own customized ‘’account’’ on our site. A web surfer can quickly explore contents on topics of interest, allowing him or her to quickly find thoughtful, personal, and hand built collections of links to relevant online content.
In order to use the Service, including new services or functionality that will be made available by Pokerknave from time to time, Members and Content provider must abide by these Terms of Service. If a user fails to follow these rules, Pokerknave can discontinue their ability to use the Service entirely. In addition, we have the right to delete your account and corresponding accounts without notice if we see evidence of abuse or other inappropriate activity. Pokerknave is a fun place to be. Please play by the rules and have fun.
Registering: You agree that you are at least 18 years of age on the date that you registered with Pokerknave. This particularly applies to models and agents of the models. If any information that you provide during registration is not accurate (or if Pokerknave has reasonable grounds to believe so), then as detailed further below under “Termination,” Pokerknave has the right to suspend or terminate your account and refuse to grant you further access to the Service. You will receive a registration confirmation email at the email account you provide us. Your Pokerknave account will not be activated until you respond to the email by clicking on the link enclosed. Please check your spam filters if you’re not hearing from us!
You will be responsible for any activities that take place under your name and password, or that take place on or via any of your Contents breach of security, please cancel your account immediately. It is up to you to maintain the confidentiality of your password and account. Pokerknave is not liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
Privacy: You also understand and agree that as part of the Service, you may receive certain communications from Pokerknave, such as account creation confirmations, royalty statements, service announcements, administrative messages and any of the opt-in Pokerknave newsletters. You will be able to opt out of most of these communications, but not others (such as ones concerning your account and your royalties). We’ll promise to keep notes from us at a minimum. If you don’t want to receive ANY messages from us, you will need to cancel your account.
And, of course, Pokerknave promises to never ever rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with us, unless you explicitly opt in to do so.
3. THE RULES
Please remember that Pokerknave reserves the right to cancel your account if we suspect that you’re spamming, sharing illegal content, abusing or maligning another community member or individual, or any other activities that don’t fit the spirit of the site. We promise not to do this without fair cause and alerting you first. By following the below rules, we’re betting you’ll be just fine.
You are solely responsible for your conduct and any data, text, information, screen names, links, graphics, photos, profiles, audio and video clips, and links (“Content”) that you submit post and display on your account or via the Service.
You cannot Spam. We have a Zero Tolerance Policy towards spam: You cannot modify, adapt or hack the Pokerknave website. You also cannot use your Pokerknave account or our platform to spam or attack others online, on the site or off. This includes such behaviour as automatically redirecting traffic from your account to other pages, introducing viruses to the site, spamming bloggers, email spam to content provider or others, and more. If our community reports you for this activity, you’ll likely have your account deleted.
You also cannot create spam accounts
You must not abuse, harass, threaten, malign, flame or intimidate other Content provider, staff, others who use the Service, bloggers, models or others online. Nor may you upload, post or otherwise include any Content that is defamatory, libellous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals.
You must not impersonate another Content provider or any official of Pokerknave.
You cannot create an account or use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity.
You cannot use the Service to distribute, share or solicit Content belonging to third parties without proper authorization from the owner(s) of that Content. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy) in creating your account. Pokerknave is a fair harbour platform and can’t endorse the content on our pages; if you have an issue with another user’s content, please contact that individual directly first. Failing that, please send us a note, and we may be able to review the account.
You must not, in the use of Pokerknave, violate any laws. The Pokerknave Respect Everyone Policy: You cannot abuse other account holder, models, bloggers, organizations and individuals online and off. If our forum moderators or community report you for these activities, your account could get locked or deleted.
You cannot transmit content in breach of a confidentiality or fiduciary obligation you may have.
We’ve said this already but it’s worth saying again: You cannot attempt to automatically redirect surfers to other domains, mislead surfers of the origins of the Content , or use your account as storage for remote loading or to a website outside of the Pokerknave website.
You may not develop restricted or password-only account, or hidden pages or images (those not linked to from another accessible page).
You cannot interfere with or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot collect or store personal data about other users, except that you may encourage surfers to contact you and you may, in return, contact them back.
Note: Pokerknave does not endorse or recommend selling your content to other account holders.
4. THE CONTENT: WHO OWNS IT?
As a Content provider, you will be able to incorporate various forms of Content into your account. Pokerknave does not claim ownership of the Content you place on your account. The Content will be owned by you or a third party from whom you got permission to post the content. By placing Content on your Account, however, you grant Pokerknave a worldwide, royalty-free, and non-exclusive license, for as long as your Content is displayed on Pokerknave, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account on Pokerknave. Pokerknave may preserve and store Content, and may also disclose Content if required to do so by law or if Pokerknave believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pokerknave, its users and the public.
The Content provider, and not Pokerknave, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Content provider on his or her account. Pokerknave cannot guarantee the accuracy, integrity or quality of such Content. Pokerknave does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in an Account for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Pokerknave also cannot take responsibility for anything that your surfers may do in reliance on the Content you post in your account. Pokerknave provides pre-built modules that make it easy for you to find and add links to various sites. However, just because we provide these modules does not mean we are responsible for their accuracy. The Content provider is still responsible for what links he or she elects to put in his or her account.
5. ACCOUNT INCOME
Pokerknave is working to build a meaningful information publishing business with your help. Pokerknave shares a portion of its revenue with its active members based on their level of activity and value that each member brings to the Site. Pokerknave’s revenue sharing model is based on the services you provide to Pokerknave including a number factors, including the number of content that each member publishes, the quality of each content, the popularity of the subjects in which each member produces, the value of each subject area to our advertisers, the quality and quantity of each member’s rating efforts, and the additional members you invite to the Site.
As long as members remain active on the Site, their earnings continue to accrue. Members’ Accounts become “dormant” in the event that they fail to “participate” in the Site for any continuous period of one hundred eighty (180) days. “Participation” is defined as writing an article, inviting additional members to the Site or taking part in competitions. If a member fails to do any of these activities for period of one hundred eighty (180) days, their Account will become Dormant and the member will cease to earn additional earnings until such time as their Account is re-activated through participation. If an account is classified as Dormant, prior earnings are not lost (other than as outlined herein), and the Account can be reactivated by the member at any time by participating as outlined herein.
You hereby agree that you have no legal right, and have not earned any amount, unless and until your earnings balance reaches the minimum payout threshold (“Minimum Payout Threshold”) (which is currently set at £100, and is subject to change by Pokerknave in its discretion). Once a member reaches the Minimum Payout Threshold, he/she has earned and is entitled to receive the amount set forth in the earnings balance. In that you have achieved the Minimum Payout Threshold but your Account remains Dormant for at least 365 days, you understand and agree that you forfeit any and all right you have to any accrued but unclaimed earnings. In the event that your account has not reached the Minimum Payout Threshold, you agree that you have not earned any amount from Pokerknave.
So, in plain English. If you stop participating at Pokerknave for six (6) months, your account will stop receiving any distribution from the revenue sharing pool. If you return to Pokerknave after six months but before 12 months, your account balance will still be in place, and you will start earning again. If you leave Pokerknave for a full 12 months, you will lose any accrued earnings in your account
You will earn 25% of revenue up to £10,000 and 35% of revenue generated by your account on £10,001 and over.
In the event of your death, your Account and the right to continue to receive earnings for the services and content you provided to Pokerknave may be transferred to your heirs in accordance with this Agreement and applicable law; provided, however, in order to continue to receive earnings from your Pokerknave contributions your heir(s) must remain active on the site and agree to be subject to this Agreement. The transfer to your heir(s) of the Account and the right to continue to receive earnings from your content is conditional upon your heir(s) providing Pokerknave with legal proof of death, in its discretion, and your bequest of your Account within six months of your death. Failure to provide such proof in a form as agreed to by Pokerknave will render any such transfer null and void.
Payment Structure: Pokerknave Sub-Licensing Your Content contribution
In the event that Pokerknave is able to generate additional earnings from a member’s content, either directly such as providing the content to other publishers, or indirectly, Pokerknave’s promise to its members is that we will always share a portion of the earnings with the member providing such content.
6. PROGRAM PARTICIPATION
As a Member and a Content provider, you agree to maintain compliance with the policies and eligibility requirements imposed by Pokerknave, as well as those that may be imposed by third parties with whom you may engage in the course of your participation in our services.
By registering your account, you are appointing Pokerknave as your exclusive agent to handle all transactions. As a Content provider, you also have the ability to enable Pokerknave to sell sponsorships on your behalf. If you choose this option, then you are also authorizing Pokerknave to act as your exclusive agent to offer and sell sponsorships of your content. If Pokerknave is able to procure a sponsorship for your specific content, then your share will be added to your payment account.
The reports of Earnings set forth in your Pokerknave Earnings Account will include such information as will be determined by Pokerknave from time to time in its sole discretion, and will be conclusive, final and binding on you.
You will be able to use, or receive, the Earnings reported in your Pokerknave Earnings Account in the manner (or manners) that Pokerknave may set forth from time to time. There are several ways in which you may lose your ability to access, use, or withdraw your reported Earnings from your Pokerknave Earnings Account. These include, without limitation, the following:
* If you in any way violate or otherwise breach these Terms of Service;
* If you engage in any activity intended to, or the result of which could or would, defraud Pokerknave or any third party, including, without limitation, with respect to any advertising activity arising on your content, taking any action (or authorizing any third party to take any action) to inflate or otherwise manipulate traffic or click-through counts from your content to participating advertisers or merchants, or otherwise attempting, in Pokerknave’s good faith judgment, to simulate artificially the behaviour or activity of an individual live Web user.
By using the Pokerknave’s services, you acknowledge and agree that Pokerknave will not be responsible for, and will not be obligated in any manner to repay you for, any lost earnings.
Forfeited earnings are used to defray any Pokerknave deficits. If Pokerknave.com does not have a deficit, earnings are donated to the charity pool.
First things first here: we don’t ever sell your email address, and we don’t ever spam. We’re also committed to keeping your contents and identity protected from others off the site who may try to spam you.
8. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your account. This means you agree not to hijack content from other account, plagiarize, set up false accounts, spam or hack accounts, duplicate content on other services, or exploit other users by selling them false information or services about Pokerknave. However, you have our approval to start a service or services promoting us to the public. If you do, you may use our logo, but you must not call yourself an ‘official’ Pokerknave resource or otherwise impersonate our staff. You’re also welcome to collaborate on, sell, or donate your services to another member, assuming that that member also abides by these Terms of Service.
9. POKERKNAVE CAN MODIFY OR DISCONTINUE THE SERVICE
Pokerknave reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party.
You can promote Pokerknave in other areas as long as it satisfy our Terms of Service and complies with local law. We do not take any responsibility for any laws that may have been broken in your endeavours.
11. POKERKNAVE CAN TERMINATE YOUR USE OF THE SERVICE
Pokerknave, in its sole discretion, may terminate your password, account or use of or access to the Service, and remove and discard any content in the registration form, harassment of , Pokerknave Staff, bloggers and other individuals online. More reasons include hacking Accounts or the Service, automatically redirecting traffic to another site, spamming people on and off the site, illegal transactions via Pokerknave, and otherwise acting in violation of the terms or the spirit of these Terms of Service or other policies making a Content provider a fine, upstanding member of the Pokerknave community. If Pokerknave terminates your use of the Service, then your Account may be immediately taken down, and your Pokerknave Earnings Account may be closed (and donated to charity). In this event, Pokerknave will not be responsible to you or any third party for any termination of your access to the Service.
12. POKERKNAVE PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
13. DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis. You expressly understand and agree that your use of the Service is at your sole risk. Pokerknave expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Pokerknave makes no warranty that the service will be uninterrupted, timely, secure, or error-free or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected
14. LIMITATION OF LIABILITY
You expressly understand and agree that Pokerknave will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
15. MISCELLANEOUS, BUT IMPORTANT, TERMS
These Terms of Service and the relationship between you and Pokerknave will be governed by the laws of the UK, without regard to its conflict of law provisions. The failure of Pokerknave to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, together with any other agreements incorporated by reference in these Terms of Service or entered into between you and Pokerknave in connection with your registration as an account holder and content provider, constitute the entire agreement between you and Pokerknave and govern your use of the Service, superseding any prior agreements between you and Pokerknave. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Pokerknave services, third-party content or third-party software. 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 Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16 ACT OF GOD
The failure of Pokerknave to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of European Union, state or local governmental authorities or for any other reason beyond the reasonable control of Pokerknave, shall not be deemed a breach of this Agreement.