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TRIPLEJACK.COM SITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Your use of Triplejack.com is subject at all times to our Terms of Service.  By using the Triplejack site, you agree to all of the Terms of Service.

1.      ACCEPTANCE OF CONTRACT TERMS

a.       The following are terms of a legal agreement between you and Triplejack LLC (“Triplejack”).  By accessing, browsing and/or using this site (“Triplejack.com” or "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by Triplejack from its offices within the United States. Triplejack makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

b.       Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions) for updates and new information. Triplejack may update or revise the Terms of Use at any time. If we revise the Terms of Use, such revision shall be effective thirty (30) days after posting the new Terms of Use on Triplejack.com. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link at the bottom of the Triplejack.com home page. Your continued use of our services thirty (30) days after a revised Terms of Use is posted on Triplejack.com will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Use, your only remedy is not to use Triplejack.com and to cancel any Account or services for which you have signed up.

c.       If you violate our Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that Triplejack is not required to provide you notice before terminating your Account, but it may choose to do so.

d.       The Terms of Use and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and Triplejack regarding your rights and obligations in your use of our services. If there is any conflict between the Terms of Use and any other rules or instructions posted on Triplejack.com, Triplejack shall resolve the conflict in its sole discretion.

2.      ACCESS AND MEMBERSHIP FEES.

a.       You must register with Triplejack on Triplejack.com in order to use the free games section of this site (your “Account”).  Registration is free and all information collected will be subject to the Triplejack privacy policy. Triplejack has a membership option whereby Triplejack charges membership fees to get access to all the features available to members. ALL MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN PART OR IN WHOLE.   In addition to membership fees, Triplejack will collect any applicable local, state, or federal taxes.

b.       Triplejack reserves the right to change our fees or billing methods at any time and Triplejack will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on Triplejack.com and you are responsible for reviewing the Triplejack.com to obtain timely notice of such changes. Your continued use of your Account thirty (30) days after posting of the changes on Triplejack.com means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Triplejack will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our services is subject to use or sales tax, then Triplejack may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of Triplejack.com. For further information please refer to the account and billing information below or submit a question to support@triplejack.com.

c.       You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. Triplejack will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. If you forget your password, go to the Retrieve Username/Password link on the TripleJack.com home page. You agree to indemnify and hold Triplejack harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account.  Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Use. If your Account is terminated, you may not join Triplejack.com again without our express permission. If you wish to rejoin the service, please contact support@triplejack.com.

d.       Payment Options.

                                                         i.            Membership fees or product purchases may be made using Credit Card, Paypal, Check, Money Order or Western Union. Memberships paid by PayPal will automatically renew, unless your membership is proactively canceled. All other memberships will not be automatically renewed.  You must actively renew your membership each period in order to continue service.  Email alerts will be sent out to users' registered e-mail accounts in advance of the end of a billing period.

                                                       ii.            As the account holder of record (Credit Card or Paypal), you are responsible for all charges made to that account.  Charges include but are not limited to memberships, product purchases, applicable taxes, and Triplejack gear. In the event that your Credit Card or Paypal information is obtained unlawfully or fraudulently, Triplejack will not be held responsible for any fraudulent usage or purchases.  All purchases against your account are solely your responsibility.  Triplejack will not store any Credit Card information on our servers.

e.       Trial Subscriptions.

                                                         i.            Triplejack may offer a free trial membership for areas of our site that normally require a paid membership to access. Acceptance of a free trial membership will mean that upon expiration of the free period, TripleJack may begin to bill you for that service. Memberships must be proactively canceled in order to terminate service.

f.        Termination Of Account.

                                                         i.            Triplejack and you both have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Triplejack. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Use or Triplejack's enforcement or application of this Agreement; (2) the Content available through Triplejack.com or any change in Content provided through Triplejack.com; (3) your ability to access and/or use Triplejack.com; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

                                                       ii.            You can cancel your Account or a particular subscription by clicking the cancel subscription link or delivering notice to Triplejack's Customer Service Department at support@triplejack.com Triplejack reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. In the event that your Account is terminated or canceled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within Triplejack.com or associated with it. Active Triplejack Account holders may not allow former Account holders whose Account has been terminated by Triplejack to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with Triplejack must be settled before Triplejack may allow you to register again.

3.      ONLINE CONTENT.

a.       By "Content," we mean the software, communications, images, sounds, and all the material and information you see on Triplejack.com. Triplejack and our members provide most of the Content on Triplejack.com. Triplejack does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Triplejack Sites.

b.       Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Triplejack.com.

c.       Triplejack representatives may monitor your communications on Triplejack.com, but we can not monitor all of the Content on Triplejack.com, and we do not attempt to do so.  If you encounter something you don't want to see, you can report it to support@triplejack.com. Triplejack does not endorse, approve, or prescreen any Content that you or other users communicate on Triplejack.com. Triplejack does not assume any responsibility or liability for Content that is generated by members or other guests on Triplejack.com. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Triplejack does not assume any liability for any failure to remove, or any delay in removing, Content.

d.       If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on the Triplejack Sites and terminate your Account.  Triplejack games are intended to be played by human beings and not computer programs created for the purpose of playing our games.  If it is believed that you are using a computer program to artificially inflate your point total as a means of winning prizes, Triplejack reserves the right to make your account ineligible for prizes or terminate your account.

4.      ONLINE CONDUCT.

a.       Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Triplejack Sites. You must also obey rules of state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of the Triplejack Sites and cooperate with law enforcement for illegal behavior.

b.       You agree that you will be personally responsible for your use of the Triplejack Site and for all of your communication and activity on Triplejack.com, including any Content you contribute, and that you will indemnify and hold harmless Triplejack, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Triplejack.com, including any Content that you contribute.

c.       You will violate the Terms of Use if you (or others using your Account) do any of the following:

                                                         i.            Post, transmit, promote, or distribute Content that is illegal. 

                                                       ii.            Harass, threaten, embarrass, or do anything else to another member or guest that is unwanted.

                                                      iii.            Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.

                                                     iv.            Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text]. 

                                                       v.            Impersonate another person (including celebrities), indicate that you are a Triplejack employee or a representative of Triplejack, or attempt to mislead users by indicating that you represent Triplejack or any of Triplejack's partners or affiliates.

                                                     vi.            Attempt to get a password, other account information, or other private information from a Member or any other user on the Triplejack Sites. Triplejack employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.

                                                    vii.            Upload any software or Content that you do not own or have permission to freely distribute.

                                                  viii.            Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

                                                     ix.            Upload files that contain a virus or corrupted data.

                                                       x.            Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our services.

                                                     xi.            Make false reports to Triplejack staff members.

                                                    xii.            Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

                                                  xiii.            You must obey all applicable laws, regulations and rules wherever you are on Triplejack.com. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.

                                                  xiv.            You may not post or communicate any player's real-world personal information on Triplejack.com.

                                                   xv.            You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running Triplejack.com.

                                                  xvi.            You will not exploit any bug in Triplejack.com or in any Triplejack product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of Triplejack.com.

                                                xvii.            You will not do anything that interferes with the ability of users of Triplejack.com to enjoy playing a Triplejack game and using Triplejack.com, in accordance with its rules, or that materially increases the expense or difficulty of Triplejack in maintaining Triplejack.com for the enjoyment of all its users.

d.       If you encounter another user of Triplejack.com who is violating any of the Rules of Conduct described above, please report them to support@triplejack.com.  

e.       You further agree that these rules will apply to anyone that you allow to use your account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these rules.

f.        In order to help make Triplejack.com a good experience for everyone, Triplejack may occasionally find it necessary to make changes to, or reset certain parameters of Triplejack.com in order to bring it back into balance.

g.       These rules may be changes and new rules may be added at any time.  You agree to check the service web site from time to time to review any rule changes that Triplejack may have made.

h.       Public Nature of Communications.

                                                         i.            You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on Triplejack.com are public and not private communications, and that you have no expectation of privacy concerning your use of Triplejack.com. You acknowledge that personal information that you communicate on Triplejack.com may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on Triplejack.com. Triplejack is not responsible for information that you choose to communicate to other users on Triplejack.com, or for the actions of other users.

                                                       ii.            Once you post or send any Content to Triplejack, you expressly grant Triplejack the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in Triplejack's discretion, and without any notice or compensation to you of any kind.

i.         Commercial Activity and Unsolicited E-mail.

                                                         i.            You may not advertise any goods or services on any area of Triplejack.com. Chain letters and pyramid schemes are not allowed. You may not use any area of Triplejack.com to collect information, including login names, about users of Triplejack.com, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Triplejack, or any games or services offered on Triplejack.com for any commercial purpose. Any violation of these provisions can subject your Triplejack Account(s) to immediate termination (or result in revocation of guest status, if you are a guest) and further legal action.

j.        Use of Machines, Computers, Scripts.

                                                         i.            The use of machines, computers, scripts or any automated system on Triplejack.com is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play Triplejack games with one type, version or copy of browsing software application at any one time. Triplejack may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Use. All decisions by Triplejack are final.

k.       Export Control Laws.

                                                         i.            You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to any area of Triplejack.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

l.         User's Computer Information.

                                                         i.            When you connect to Triplejack.com, we may retrieve information from the computer used to log onto Triplejack.com about the computer's hardware system.  We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

5.       Methods of Entry – Prize Give-Aways.

a.       Prize Give-Aways are defined below. There are two methods of entry into Prize Give-Aways on Triplejack.com. NO PURCHASE IS NECESSARY TO ENTER PRIZE GIVE-AWAYS EXCEPT IN MULTI & SINGLE TABLE TOURNAMENTS. The two methods of entry are as follows:

                                                         i.            [SUBSCRIPTION] Membership Fee.

1.       Triplejack.com charges a fee to access certain areas of our site and receive certain membership benefits that are not available to free members. [SUBSCRIPTION] Members will also be granted access to play in Multi & Single table tournaments for prizes and participate in related activities on Triplejack.com without having to complete a mail-in registration.

2.       YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.

3.       Triplejack.com reserves the right to change the fees or billing methods at any time. Notice of any change will be posted on Triplejack.com at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements of Triplejack.com to obtain timely notice of such changes. Continued use by you of the Service thirty (30) days after posting of the changes on Triplejack.com constitutes acceptance of such changes. If you decide to cancel your [SUBSCRIPTION] membership, which you can do at anytime, Triplejack will not refund any fees accrued to your Account before you canceled. Triplejack will not prorate fees for any membership. If your use of our services is subject to use or sales tax, Triplejack may charge you for any use or sales tax.

                                                       ii.            Mail In Entries.

1.       OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into Prize Give-Aways, a player must:

a.       Register at Triplejack.com as a free player; and

b.       For each Prize Give-Away as listed in the Prizes Up For Grabs section of our web site, send a 3 inch x 5 inch card on which the player has legibly handwritten the player's Triplejack screen name, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Telephone Number, Email Address, Date of Birth, and the Event Name  and Event Date and Time for the Prize Give-Away in which the player would like to participate (one Prize Give-Away per card). The card must be placed in a #10 envelope, and mailed to TripleJack, LLC – Prize Entries 1440 Coral Ridge Drive, Suite 167 Coral Springs, FL 33071 and received at least 72 hours prior to the Prize Give-Away date. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. Limit: 5 cards per envelope. Triplejack reserves the right to deny entries that do not comply with the above requirements.

2.       Entries must be received at least 72 hours prior to the Prize Give-Away event in which entry is requested. Triplejack.com will post a schedule of all Prize Give-Aways. Triplejack shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail.

3.       The odds of winning any prize will be the same by mail in entry as by online [SUBSCRIPTION] membership.

4.       If you attempt to enter a different Prize Give-Away than the one you registered for through your mail-in entry, you will not be able to participate in the event you originally requested.

6.       Description of Play.

a.       Poker Room Games - Players may play either of the following two (2) games on Triplejack.com:

                                                         i.            Texas Hold Em: See the Rules Page for rules on how to play Texas Hold Em

                                                       ii.            Omaha: See the Rules Page for rules on how to play Omaha poker

b.       Play Money

                                                         i.            Play Money has no cash value whatsoever.

7.       General Rules Applicable to All Tournaments:

a.       All tournaments will begin at the time designated in the tournament details, which may be found on the site.

b.       Once the tournament begins you will be unable to change your seat. Standing up from a tournament table will remove yourself from that tournament.

c.       Players may un-register from a tournament up to the time it starts OR until the tournament has reached capacity.

d.       Blinds will be defined for each particular tournament/table. The level and timing of blinds changing is subject to change.

e.       The button moves in the conventional clockwise manner so that no player receives the button twice in a row. Occasionally, a player may become the button without having played in the blinds due to other players being eliminated (this commonly occurs in online tournaments due to technical software issues). This may happen to any player during the course of a tournament and therefore creates no long-term advantage.

f.        If two (2) players should be eliminated simultaneously, the player with the largest number of chips at the beginning of the hand will be designated as having finished higher. It is impossible for two (2) people to be eliminated simultaneously when going heads up at the final table.

g.       When a tournament is down to the last two (2) players, the button will post the small blind and be first to act in the initial round. The big blind will then be first to act in the following rounds.

h.       The tournament finishes when one (1) player has won all the tournament chips and is declared the winner.

i.         Any play deemed unethical by Triplejack in its sole discretion (including, without limitation, team play, soft play or chip dumping) will result in the applicable player(s) being disqualified from the tournament.

j.        As players are eliminated over the course of a tournament, tables will be consolidated to keep a full complement of players. Players may be forced to post the blinds when arriving at a new table. Table reassignments are an inherent part of tournaments and apply equally to all players.

k.       Players and observers are asked to use the chat function in a friendly and considerate way. At no time are players and observers allowed to discuss or comment on live hands.

l.         Internet issues may cause server interruptions and Triplejack will endeavor to limit such interruptions during a tournament, but Triplejack does not assume responsibility for any such problems. In the event of a server interruption, all hands will be "rolled back" to the start of the interrupted hand and all chip stacks will reflect the original amounts that existed before the hand commenced. In the event of a player disconnection, Triplejack will allow extra time for the disconnected player to reconnect in the later rounds of a tournament. If a player chooses to sit out or is unable to reconnect, he/she will still have cards dealt to him/her and will automatically post blinds and antes. Players that are unable to reconnect during the allotted time will have their hand automatically folded.

8.       Player Eligibility

a.       Subject To Local Laws.  Although no money is wagered on Triplejack and therefore poker games played at Triplejack are not considered gambling by most entities, you are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and Triplejack does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the tournament sweepstakes, or that materials on this Site are appropriate for use in your Jurisdiction. Triplejack does not intend that the Site be used for winning prizes by persons present in Jurisdictions in which registration or bonding of the contests is required, including, without limitation, the state of Florida. Triplejack does not intend that the Site be used by persons present in Jurisdictions in which the playing of card games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by Triplejack for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and Triplejack asserts that, Triplejack shall not have any responsibility under any laws in any Jurisdiction, other than the state of Florida in the United States. Triplejack further reserves the right to require you to provide proof that you are eligible to participate and win prizes in the online poker tournament and Prize Give-Aways prior to payment of any winnings or prizes. Triplejack also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.

b.       Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the tournament sweepstakes in the applicable Jurisdiction, whichever is higher.

9.       Registration

a.       Initial Account Establishment. To register on the Site and become a member, you must complete the registration process at Triplejack.com and read these terms of use and the associated privacy policy. You will receive a specific ID and password to enable access to your account to manage your account.

b.       Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to Triplejack that: (i) you are at least eighteen (18) years of age, or the legal age to participate in a tournament sweepstakes in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in tournament sweepstakes, and Triplejack’s offering and operating the tournament sweepstakes are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by Triplejack. By applying for registration, you authorize Triplejack to make any and all enquiries as Triplejack in its sole discretion considers necessary to verify the information provided by you. Triplejack may require you to submit such proof of age, identity and place of residence as it may require, at any time. Triplejack reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.

c.       No Employees. No employee of Triplejack or of any of its parent companies, subsidiaries or affiliated companies, licensees, advertising, promotional or other agencies, or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.

d.       Changes to Your Account. In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform Triplejack immediately by sending an e-mail to support@Triplejack.com or making the appropriate changes via the Triplejack online account setup.

e.       One Account Only. You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for your self. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.

f.        Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TOURNAMENTS ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE TOURNAMENT SWEEPSTAKES. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.

10.   Subscription Services [OR WHATEVER WE’LL CALL OUR SUBSCRIPTION SERVICE]. By completing the [SUBSCRIPTION] registration, you authorize Triplejack to charge the applicable recurring [SUBSCRIPTION] fee to your designated credit card or PayPal account. Monthly [SUBSCRIPTION] members are billed on a 30-day cycle, which begins upon [SUBSCRIPTION] registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "[SUBSCRIPTION] Month"). If you have signed up for an annual or quarterly [SUBSCRIPTION] plan, you are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, Triplejack will automatically renew your [SUBSCRIPTION] plan at the end of the period and you will be billed according to the plan you are currently on. If your use of our services is subject to use or sales tax, then Triplejack may also charge you for any such taxes, besides the [SUBSCRIPTION] fee or other fees published at Triplejack.com. Triplejack reserves the right to change our fees or billing methods at any time. Triplejack will post any such changes in this Terms and Conditions section at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of Triplejack.com to obtain timely notice of such changes. Continued use of the Service of thirty (30) days after posting of the changes on Triplejack.com means that you accept such changes. If you decide that any change is unacceptable, you may cancel your [SUBSCRIPTION] membership. Triplejack will only refund fees that have not accrued to your account before cancellation of your [SUBSCRIPTION] membership. You can cancel your Player's [SUBSCRIPTION] membership online at Triplejack.com. Triplejack will return a cancellation confirmation to your registered email. You should retain this confirmation as a record of your cancellation.. You must provide credit card information or PayPal billing information to register for any and all free trial offers to the [SUBSCRIPTION] service. By signing up for a free trial, you agree that Triplejack may obtain a pre-authorization of up to $20. Some financial institutions may perceive these requested amounts as actual pending charges. While not actual charges, Triplejack is not responsible for any results, such as an overdraft fee, that may occur to your account because of pending charges. If you accept a free trial of the [SUBSCRIPTION] service, we will bill your Account when the free trial expires, unless you cancel your free trial before that time. You are responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Triplejack.com, even when we offer a free trial. Trial memberships may not be transferred at any time to any other user. Trial memberships are limited to one per person.

11.   Account Identifiers

a.       Secrecy Obligation. Once you have selected and been allocated a unique username, password and/or PIN or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify Triplejack by sending an e-mail to support@Triplejack.com or log into your account and change your password or  new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Triplejack. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified Triplejack as provided herein) will be treated as valid.

b.       No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in tournament sweepstakes, and in no event any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.

c.       You Are Responsible. You agree to be solely responsible for all use of the Site (including without limitation participation in tournament sweepstakes) through the use of any of your Identifiers (except where you have notified Triplejack as provided above) and you agree to indemnify and hold harmless Triplejack, along with its employees, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.

12.   No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the tournament sweepstakes, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.

13.   Account Suspension

a.       Right To Cancel Account. Triplejack reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.

b.       Investigation. If your account is terminated or suspended, Triplejack reserves the right to determine whether to declare as void any transactions placed by you.

14.   Site Use

a.       Services May Change or End. Triplejack reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.

b.       You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from Triplejack and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.

c.       Telecom and Access Fees. You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.

d.       Odds, Risk and Fair Play. You acknowledge and agree that the tournament sweepstakes are skill based contests that measure your ability to play poker and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.

e.       Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If Triplejack believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and Triplejack reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.

f.        Behavior & Responsibility

                                                         i.            You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.

                                                       ii.            You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on Triplejack.com. You acknowledge and understand that any attempt to participate in any service offered on Triplejack.com by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to Triplejack.com, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.

                                                      iii.            You shall accept and abide by the contest rules set forth on the rules web page, to be amended from time to time by Triplejack in the sole discretion of Triplejack.

                                                     iv.            You agree that Triplejack is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with Triplejack.com or any third party site.

                                                       v.            Any attempt to defraud Triplejack through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.

                                                     vi.            You agree that Triplejack is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Triplejack.com or your account.

                                                    vii.            You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access Triplejack.com, accept any winnings or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on Triplejack.com, you agree to indemnify, defend, and hold Triplejack harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

                                                  viii.            You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of Triplejack.

g.       Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve. If you become aware any error or incompleteness on the Site, you shall immediately notify Triplejack by e-mail at support@Triplejack.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and Triplejack reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. Triplejack will not be liable for any alleged winnings that are, in Triplejack’s sole discretion, the result of a system error or malfunction.

h.       Verification. Whenever Triplejack requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by Triplejack. Such materials will become the property of Triplejack and will not be returned to you.

i.         Referrals. If you are a Triplejack [SUBSCRIPTION] member and you refer a "valid person" (as defined below) to Triplejack through Triplejack’s referral process, and that person becomes a paying member of Triplejack’s [SUBSCRIPTION] service, you will receive a commission based on the referral commission guidelines as detailed at TripleJack.com.

                                                         i.            A "valid person" must be a new customer, over the age of 18 that registers for TripleJack.com and

1.       Is not be registered under any other name or alias

2.       Submits a valid email address

3.       Submits their legal First and Last Name

4.       Meets all other qualifications to be a Triplejack [SUBSCRIPTION] member and to play on the Triplejack site as set forth in these terms and conditions, as they may be modified from time to time.

a.       Triplejack reserves the right to determine in its sole discretion whether a customer is a "valid person".

                                                         i.            We may modify any of the terms and conditions of or cancel the referral program, at any time and in our sole discretion, by posting a change or cancellation notice on our Site. Modifications may include, for example, changes in the scope of available bonus, and of referral program rules.

                                                       ii.            Any abuse of the referral program may result in the cancellation of the above bonuses or entry, as well as account closure.

15.   Third Party Websites

a.       Other Sites Are Not Our Responsibility. This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of Triplejack and you acknowledge that Triplejack is not responsible for the accuracy, copyright and trade mark compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that Triplejack 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 third party content, goods or services available on or through any such website.

Triplejack may include hyperlinks to web sites operated by parties other than Triplejack including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Triplejack does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

b.        Future Marketing. You hereby acknowledge and agree that Triplejack and/or its affiliates may market products and services to you in the future.

16.   Proprietary Rights, Copyrights and Trademarks

a.       Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of Triplejack. Except as expressly authorized by Triplejack, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, unless Triplejack expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on any area of Triplejack.com can lead to the termination of your Triplejack Account(s) (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Triplejack and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

b.       License. Triplejack grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Triplejack for use in accessing the Site.

17.   Privacy

a.       The Triplejack.com privacy policy is set forth at http://www.triplejack.com/privacy.php, you hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.

18.   No Warranty.

a.       YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

b.       ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRIPLEJACK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, OR THAT TRIPLEJACK.COM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

c.       NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIPLEJACK.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

d.       TRIPLEJACK.COM DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRIPLEJACK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

19.   Limitation of Liability. IN NO EVENT SHALL TRIPLEJACK AND ITS SUBSIDIARIES, AGENTS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL TRIPLEJACK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT TRIPLEJACK IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRIPLEJACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

20.   Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

21.   Indemnity. You agree to defend, indemnify and hold harmless Triplejack and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any Triplejack.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.

22.   Privacy Policy. Please review the Triplejack privacy policy at the bottom of the Triplejack.com home page or at: http://www.triplejack.com/privacy.php

23.   Right To Cancel Contest

a.       If Triplejack, its parents, affiliates, managers, or directors determines that operating the tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the tournament sweepstakes may be ended by Triplejack and Triplejcack shall owe you nothing. Triplejack, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the tournament sweepstakes is cancelled.

24.   Miscellaneous

a.       Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by Triplejack, in its sole discretion, to a third party in the event of a merger or acquisition.

b.       No Waiver. Triplejack’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Triplejack’s failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.

c.       Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Triplejack with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Triplejack with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

d.       Notices. Except as expressly stated otherwise, any notices to Triplejack shall be made by registered mail to Triplejack, LLC 1440 Coral Ridge Drive Suite 167 Coral Springs, FL 33071. Notices to you may be made to the e-mail address you provide to Triplejack during the registration process or by postal mail (including registered mail) to the address you provide to Triplejack during the registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.

e.       Time Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.

f.        Choice of Law and Forum. These terms shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the tournament sweepstakes or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in these terms.

25.  Other Legal Terms.

a.       You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Triplejack Terms of Use and the Triplejack Privacy Policy, including Triplejack's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

b.       This Agreement shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Florida state courts located in the County of Broward, Florida. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Triplejack in the United States federal and Florida state courts located in the County of Broward, Florida. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Triplejack's agents, licensors, licensees, successors, and assigns.

 

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