If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 17 to resolve any disputes with CrushLivePoker (except for matters that may be taken to small claims court).
- The CrushLivePoker service is provided by Seat Open, LLC, or one of its affiliated companies.
4. Communication Preferences.
5. Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your CrushLivePoker membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the CrushLivePoker service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership at least 10 days before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Free Trials
- Your CrushLivePoker membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. CrushLivePoker reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel at least 3 days prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "My Account" link. We may authorize your Payment Method through various methods, including by authorizing up to one month of service as soon as you register.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. TO CANCEL YOUR MEMBERSHIP, PLEASE EMAIL [email protected]. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel as described above.
- Recurring Billing. By starting your CrushLivePoker membership, you authorize us to charge to your Payment Method a monthly membership fee at the then-current rate, and any other charges you may incur in connection with your use of the CrushLivePoker service. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your then-current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the CrushLivePoker website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Crushlivepoker membership at any time; however, no less than 10 days prior to your Billing Date and you will continue to have access to the Crushlivepoker service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. TO CANCEL YOUR MEMBERSHIP, PLEASE EMAIL [email protected]
7. Passwords & Account Access
- When you register for a membership with CrushLivePoker you will be given the opportunity to create a CrushLivePoker account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes created by you.
- The member who created the CrushLivePoker account and whose Payment Method is charged is referred to here as the "Account Owner". The Account Owner has access and control over the CrushLivePoker account. The Account Owner's control is exercised through use of the Account Owner's Access Codes and therefore to maintain exclusive control, the Account Owner should not reveal the Access codes to anyone. In addition, if the Account Owner wishes to prohibit others from contacting CrushLivePoker Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the CrushLivePoker service, CrushLivePoker implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the CrushLivePoker service, which includes accessing via our CrushLivePoker website
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CrushLivePoker website and not through a hyperlink in an email or any other electronic communication, even if it looks official. CrushLivePoker reserves the right to place any account on hold anytime with or without notification to the Account Owner in order to protect itself and its partners from what it believes to be fraudulent activity. CrushLivePoker is not obligated to credit or discount a membership for holds placed on the account by either a representative of CrushLivePoker or by the automated processes of CrushLivePoker.
8. Disclaimers of Warranties and Limitations on Liability
- THE CRUSHLIVEPOKER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CRUSHLIVEPOKER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CRUSHLIVEPOKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CRUSHLIVEPOKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CRUSHLIVEPOKER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND CRUSHLIVEPOKER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CRUSHLIVEPOKER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You shall defend and indemnify CrushLivePoker and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of CrushLivePoker services.
Your use of CrushLivePoker is not as an employee, agent, partner, or joint venturer with CrushLivePoker for any purpose.
- “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to CrushLivePoker regarding the products or services of CrushLivePoker. Submissions will not be confidential and will become the property of CrushLivePoker upon submission to CrushLivePoker. By providing any Submissions, you agree to assign to CrushLivePoker, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to CrushLivePoker will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not CrushLivePoker, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
- CrushLivePoker is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the CrushLivePoker service, including the CrushLivePoker website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CrushLivePoker service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note CrushLivePoker does not accept unsolicited materials or ideas for content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CrushLivePoker. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CrushLivePoker and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
12. Gifts & Promotions
13. Intellectual Property-Copyright and Trademark.
The CrushLivePoker service, including all content provided on the CrushLivePoker service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties. CrushLivePoker is a trademark of Seat Open, LLC, Inc.
14. Claims of Copyright Infringement
If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the CrushLivePoker service, please forward the following information to [email protected]:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
15. Governing Law
16. Customer Support
17. Arbitration Agreement
- If you elect to seek arbitration, you must first send to CrushLivePoker, by certified mail, a written Notice of your claim ("Notice"). The Notice to CrushLivePoker must be addressed to: 7556 Hampton Ave #306 West Hollywood, CA 90046 ("Notice Address"). If CrushLivePoker initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by CrushLivePoker, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CrushLivePoker and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CrushLivePoker may commence an arbitration proceeding. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
- Any judgment on the awards granted by the arbitrator may be entered in any court having competent jurisdiction thereon. Any such arbitration will be held before a single arbitrator. Unless otherwise agreed by the parties in writing, the arbitrator will only permit limited discovery: such discovery will be limited to document discovery that can reasonably be completed within thirty (30) days, and no deposition discovery will be permitted. No forensic examination of electronic records will be permitted. The arbitrator will have the authority to decide the controversy or claim summarily based upon written pleadings and sworn statements. Unless otherwise agreed by the parties, any final arbitration hearing will occur within ninety (90) days of one party submitting the demand for arbitration, and unless all parties agree otherwise, the hearing will not exceed three (3) days. The arbitrator will issue any ruling within fourteen (14) days following the hearing. The arbitrators will be chosen from a panel of persons knowledgeable in the subject matter of this Agreement.
- YOU AND CRUSHLIVEPOKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CrushLivePoker agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
18. Additional Terms
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of CrushLivePoker, and you agree to abide by such other terms and conditions.
These terms and conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Need more information?
If you have any questions or comments about our Terms & Conditions, please contact us via our support page.