NightOwlPoker.com Web Site Terms of Use Agreement

Last Updated April 30, 2008

I. THE TERMS AND YOUR USE OF THE NightOwlPoker.com SERVICE: NightOwlPoker.com ("NightOwlPoker.com", "we" or "us") provides this web site, located at URL www.NightOwlPoker.com together with all associated web pages maintained by us and all services available through the Site (collectively, the "NightOwlPoker.com Service"), along with all information and content provided therewith (the "Content"), to you, subject to the terms and conditions contained in this Terms of Use Agreement (the "Terms"). Please read these Terms carefully. By using the NightOwlPoker.com Service, you agree to adhere to and be bound by these Terms, as they may be modified from time to time in the sole discretion of NightOwlPoker.com. If you do not agree to be legally bound by these terms, you are not permitted to use the NightOwlPoker.com Service.

THESE TERMS GOVERN YOUR USE OF THIS NightOwlPoker.com SERVICE AND ALL CONTENT MADE AVAILABLE THEREIN. BY ACCESSING THE NightOwlPoker.com SERVICE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.

Amendments:
We reserve the right to amend the Terms at any time and will notify you of any such changes by making the revised Terms available through the NightOwlPoker.com Service. Unless otherwise specified, those changes shall be effective upon posting. It is your obligation to review changes in these Terms, and you agree that your continued use of the NightOwlPoker.com Service after the posting of any revised Terms constitutes your agreement to be bound by the revised Terms.

Access To This Site:
Permitted Users: The NightOwlPoker.com Service is available for use only by individuals who are 18 years of age or older. You acknowledge and agree that you may not access, attempt to access, or use the NightOwlPoker.com Service if you are not at least 18 years of age and a legal resident of one of the following states: Arizona, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New York, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, Washington DC, West Virginia or Wisconsin. A user meeting the foregoing conditions is a "Permitted User". Without limiting the generality of the foregoing, residents of California are expressly prohibited from being Permitted Users and from accessing and using the NightOwlPoker.com Services.

Public Areas and the Subscription Service: The NightOwlPoker.com Service includes (i) public areas that are generally accessible to the public and contain information about NightOwlPoker.com and the NightOwlPoker.com Service (the "Public Areas") and (ii) a subscription service (the "Subscription Service") that may only be accessed by registered users (the "Registered Users"). Individuals who desire to become Registered Users in order to gain access to the Subscription Service will be required to select a user identification ("User ID") and password (the "Password"). Registered Users are solely responsible for all activity occurring through the use of their Password and for keeping their User ID and Password confidential. Registered Users shall notify NightOwlPoker.com immediately upon becoming aware of any actual or suspected unauthorized use, unauthorized disclosure, or theft of any User ID or Password. You may not attempt to gain unauthorized access to the Subscription Service.

In order to become a Registered User, you may be asked to provide certain registration details or other information. It is a condition of your use of the NightOwlPoker.com Service that all the information you provide to NightOwlPoker.com through the NightOwlPoker.com Service will be correct, current, and complete. We will confirm the accuracy of the information you provide when registering and if we determine or suspect that the information is inaccurate, you will not be permitted to use the NightOwlPoker.com Service.

Permitted Use:
Subject to the terms and conditions of these Terms, NightOwlPoker.com grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display the NightOwlPoker.com Service and the Content on any computer, mobile phone or other personal digital assistant owned and operated by you for your personal use only (the "Permitted Uses"). You agree to use the NightOwlPoker.com Service and Content only for lawful purposes and for the Permitted Uses. No other use of the NightOwlPoker.com Service or the Content is authorized. You may not publicly perform, distribute, publicly display, transmit, publish, participate in the sale or transfer of, modify or create derivative works based on any Content, in whole or in part. No right, title, or interest in Content is transferred to you as a result of your use of the NightOwlPoker.com Service.

Restrictions On Use:
You may not use the NightOwlPoker.com Service and/or Content for any purpose other than the Permitted Uses. Without limiting the generality of the foregoing, you may not (and may not authorize any other party to) (i) co-brand the NightOwlPoker.com Service or (ii) frame the NightOwlPoker.com Service, or (iii) hyperlink to the NightOwlPoker.com Service, without the express prior written permission of an authorized representative of NightOwlPoker.com. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the NightOwlPoker.com Service or Content. You agree to cooperate with NightOwlPoker.com in causing any unauthorized co-branding, framing or hyperlinking to cease.

II. INTELLECTUAL PROPERTY ISSUES:
Proprietary Information:
The NightOwlPoker.com Service and all Content is the proprietary information of NightOwlPoker.com and/or its licensors. NightOwlPoker.com and/or NightOwlPoker.com's licensors, as applicable, retain all right, title, and interest in the NightOwlPoker.com Service and the Content. Accordingly, except as expressly authorized in these Terms, none of the NightOwlPoker.com Service and/or the Content may be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NightOwlPoker.com. NightOwlPoker.com does not transfer title and/or any intellectual property rights in and to the NightOwlPoker.com Service by virtue of its providing you with access to the NightOwlPoker.com Service and/or Content.

Hyperlinks:
The NightOwlPoker.com Service may be hyperlinked to other web sites which are not operated by NightOwlPoker.com (the "Linked Sites"). Hyperlinks to such Linked Sites are provided as a service to users, however, NightOwlPoker.com has not reviewed any or all of such Linked Sites and is not responsible for the content of those Linked Sites. Hyperlinks are to be accessed at the user's own risk, and NightOwlPoker.com makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. Further, the inclusion of any hyperlink to a Linked Site does not imply endorsement of that Linked Site by NightOwlPoker.com.

Submissions:
Any unsolicited communications that you make through the NightOwlPoker.com Service, including communications containing feedback, comments, ideas and concepts (collectively, "Unsolicited Communications") will be considered non-confidential and non-proprietary. NightOwlPoker.com is free to use and dispose of such Unsolicited Communications for any purpose and in any manner whatsoever. By submitting an Unsolicited Communication, you hereby grant to NightOwlPoker.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NightOwlPoker.com through the NightOwlPoker.com Service (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NightOwlPoker.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NightOwlPoker.com operations.

It is expressly agreed that you may not post, send, submit, publish, or transmit in connection with the NightOwlPoker.com Service any Submission that:

• violates this Terms of Use agreement, any policies established by NightOwlPoker.com, applicable law or the rights of any third parties;
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, vulgar, pornographic, racist, abusive, harassing, threatening or offensive;
• may exploit or harm children, including by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor or otherwise engages in any commercial activity, including by soliciting funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• includes MP3 format files;
• amounts to a 'pyramid' or similar scheme; or
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
• Although under no obligation to do so, NightOwlPoker.com reserves the right to monitor use of the NightOwlPoker.com Service to determine compliance with these Terms, as well the right to refuse any Submissions and/or prohibit any postings to any Public Areas. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that NightOwlPoker.com will not assume or have any liability for any action or inaction with respect to any Submission.

Trademarks:
The marks NightOwlPoker.com and other trademarks, service marks, and logos appearing on the NightOwlPoker.com Service are the property of NightOwlPoker.com or its licensors. NightOwlPoker.com and its licensors retains all rights with respect to any of their respective trademarks, service marks, and logos appearing on the NightOwlPoker.com Service. Nothing contained on or within the NightOwlPoker.com Service should be construed as granting any license or right to use any of the NightOwlPoker.com trademarks or other trademarks displayed on or within the NightOwlPoker.com Service without the prior written permission in each instance of NightOwlPoker.com and/or its licensors. Without limiting the generality of the foregoing, we prohibit the use of any NightOwlPoker.com trademarks as part of a link to or from any web site unless such a link is approved in advance by us in writing. All goodwill generated from the use of the NightOwlPoker.com trademarks on any web site will inure to our benefit.

Copyrights:
All Content included within or made available through the NightOwlPoker.com Service is the property of NightOwlPoker.com or its licensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content included within or made available through the NightOwlPoker.com Service is the exclusive property of NightOwlPoker.com or such third parties, as applicable, and protected by U.S. and international copyright laws. All software used in connection with the NightOwlPoker.com Service is the property of NightOwlPoker.com or its licensors and is protected by U.S. and international copyright laws.

If you believe that the NightOwlPoker.com Service and/or any Content available therein infringes your copyright, please contact NightOwlPoker.com via email, it is certainly not our intention to knowingly infringe on other's copyrights.

III. DISCLAIMERS, LIABILITY AND INDEMNITIES:
Disclaimers:
Disclaimer of Warranties:
NONE OF NightOwlPoker.com, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE "NightOwlPoker.com PARTIES") MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE NightOwlPoker.com SERVICE OR THE CONTENT. THE NightOwlPoker.com SERVICE AND CONTENT ARE PROVIDED ON A STRICTLY "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. THE NightOwlPoker.com PARTIES HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE NightOwlPoker.com SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NONE OF THE NightOwlPoker.com PARTIES WARRANT THAT THE NightOwlPoker.com SERVICE AND/OR CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE NightOwlPoker.com SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE NightOwlPoker.com SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE NightOwlPoker.com SERVICE AND CONTENT IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NightOwlPoker.com MAY MAKE CHANGES TO THE NightOwlPoker.com SERVICE AT ANY TIME WITHOUT NOTICE TO YOU. YOU, AND NOT NightOwlPoker.com, ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE NightOwlPoker.com SERVICE OR ITS CONTENTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Earnings & Income Disclaimers:
NONE OF THE NightOwlPoker.com PARTIES MAKES ANY GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE NightOwlPoker.com SERVICE. THE NightOwlPoker.com PARTIES NOT GUARANTEE OR IMPLY THAT YOU WILL WIN THE LOTTERY, GET RICH, OR MAKE ANY MONEY AT ALL AS A RESULT OF YOUR USE OF THE NightOwlPoker.com SERVICE. THE NightOwlPoker.com SERVICE IS PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.

Non-Affiliation:
NightOwlPoker.com IS NOT AFFILIATED IN ANY MANNER WITH THE LOTTERY COMMISSION OF ANY STATE.

Limitation On Liability:
NONE OF THE NightOwlPoker.com PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE NightOwlPoker.com PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO NightOwlPoker.com FOR THE APPLICABLE NightOwlPoker.com SERVICE OUT OF WHICH LIABILITY AROSE.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY NightOwlPoker.com PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE NightOwlPoker.com PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE NightOwlPoker.com PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity:
You agree to defend, indemnify and hold the NightOwlPoker.com Parties harmless from any Submission you provide and/or any breach of these Terms by you, including any use of the NightOwlPoker.com Service and/or Content other than as expressly authorized in these Terms. You agree that the NightOwlPoker.com Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the NightOwlPoker.com Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed via the NightOwlPoker.com Service.

IV. SECURITY AND PRIVACY
Security:
You are prohibited from using the NightOwlPoker.com Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NightOwlPoker.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NightOwlPoker.com reserves the right to investigate suspected violations of these Terms. NightOwlPoker.com reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing NightOwlPoker.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.

Privacy:
By using the NightOwlPoker.com Service and providing information to NightOwlPoker.com, you agree that NightOwlPoker.com may use the information you provide to us in accordance with our Privacy Policy.

V. GENERAL PROVISIONS
Termination:
You acknowledge and agree that NightOwlPoker.com may suspend or terminate your access to and use of the NightOwlPoker.com Service at any time, with or without cause, in NightOwlPoker.com's absolute discretion and without notice, including, without limitation, for any breach of these Terms. The relevant version of these Terms shall continue to apply to all prior use of the NightOwlPoker.com Service. The following paragraphs of these Terms shall survive termination of your use or access to the NightOwlPoker.com Service: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to the NightOwlPoker.com Service.

General:
These Terms will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York, in connection with any dispute between you and NightOwlPoker.com arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state or federal courts in Dutchess County New York. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Any claim under these Terms must be brought within one (1) year after the date upon which the cause of action arose. NightOwlPoker.com reserves all rights not expressly granted here.