These Terms were last updated on September 01, 2009.
1. User Account. The “Service” means the Website and any content or services that DeucesCracked provides on or through the Website, including without limitation the content subscription services, videos, audio files, podcasts, downloads, articles, blogs, discussion forums, and private messaging. To become a “User” and be eligible to access and use the Service (except those portions of the Website to which DeucesCracked allows access without registration), you must create a User account by registering on the Website. To open a User account, you must complete the registration process for the Service by providing DeucesCracked with the information requested on the registration page on the Website and accepting these Term. By establishing a User account, you represent and warrant that all information you provide is current, complete, and accurate and, if you are an individual, that you are 18 years of age or over. You shall promptly update all registration data to keep it true, accurate, current, and complete. Should DeucesCracked suspect that any information you provide is untrue, inaccurate, not current or incomplete, DeucesCracked has the right to suspend or terminate your use of the Service. When you register, DeucesCracked will ask you to provide a user name and password. You will be responsible for all activities that occur under your user name and password and therefore you should keep your password confidential. You agree to notify DeucesCracked immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. DeucesCracked reserves the right to require you to alter your user name and/or password if DeucesCracked believes that your User account is no longer secure. No contract will exist between you and DeucesCracked for the Service until DeucesCracked accepts your request to register for a User account by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
2.Use of the Service. You are permitted to use the Service only for your own personal use. Unauthorized use of the Service, or the resale of the Service, is expressly prohibited. You agree not to transmit or post in connection with the Service (a) any material protected by copyright, trademark, trade secret, patent or other intellectual property right, without proper authorization of the rightsholder; (b) any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) any material that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, trade libelous, pornographic, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (d) any material that violates any law or regulation, including without limitation the laws and regulations governing export control. In addition, you agree not to use the Service in connection with (i) the sending of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvesting, collecting, gathering or assembling information or data regarding other users, including e-mail addresses, without their consent; (iii) interfering with or disrupting servers or networks connected to the Service or violating the regulations, policies or procedures of such networks; (iv) attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or other means; or (v) harassing or interfering with another user’s use and enjoyment of the Service.
3.Charges and Payment.
a) Fees for Subscription Service. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use fee-based aspects of the Service, you agree to the fee policies specified on the Website, which are hereby incorporated herein. We may add new Services for additional fees and charges, or proactively amend fees and charges for existing Services, at any time in our discretion. You agree to pay all applicable fees or charges assessed to your User account. You must provide DeucesCracked with valid credit card information as a condition to signing up for the Service. DeucesCracked’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. All fees for the Service are non-refundable. DeucesCracked will automatically renew your subscription to the Service by billing your credit card as follows: (a) for monthly subscriptions, once every month; (b) for half-yearly subscriptions, once every six months; or© for annual subscriptions, upon the commencement of the first annual term and then at each subsequent anniversary of that commencement date. The renewal fee shall be DeucesCracked’s then current fee for the Service for which you were enrolled in the prior billing period. If timely payment is not received or cannot be charged to your credit card for any reason, DeucesCracked has the right to immediately suspend or terminate your access to the Service.
4.License. Subject to the terms and conditions of this Agreement (including payment of fees for Premium Content), DeucesCracked hereby grants you a limited, nonexclusive, and revocable license to download, listen to, and display Basic Content and Premium Content solely for your personal, non-commercial use. Any use, copying, or storing of Content other than for your personal, non-commercial use is expressly prohibited. DeucesCracked reserves the right to add, remove, or modify Content or any aspect of the Service at any time and for any reason. “Content” means documents, information, and content, including without limitation videos, audio files, and podcasts, which are made available through the Service. “Basic Content” means Content available without charge through the Service. “Premium Content” means Content available for a fee (including any Content accessible during a free trial period) through the Service.
5.Ownership of Intellectual Property. The Service contains or comprises copyrighted and/or proprietary subject matter, including the Content, that is owned by DeucesCracked and/or its licensors and suppliers. All such material is protected by relevant intellectual property laws, including copyright and/or trade secret laws. You agree to abide by any and all copyright notices, information, or restrictions included with, contained in, or attached to any Content and any communication between you and DeucesCracked, and to preserve all copyright and other notices contained in any Content. You shall not use (except as expressly provided in Section 4), modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, rent, lease, authorize any other individual or entity to use, create derivative works of, distribute, perform, display (except as expressly provided in Section 4), reverse engineer, decompile or dissemble, or in any way exploit, any of the Content in whole or in part. DeucesCracked and other related graphics, logos, service marks, and trade names used on the Website are the trademarks of DeucesCracked and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Website are the property of their respective owners.
7.Third-Party Websites. The Service may contain links to third-party websites (each, a “Third-Party Website”) (a) placed by us as a service to those interested in this information; or (b) posted by other users. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. The Website may include hyperlinks to web sites not controlled by DeucesCracked, and access to content, products and services from third parties. DeucesCracked is not responsible for the availability of, and any content on those web sites to which it provides links. DeucesCracked provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that DeucesCracked is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that DeucesCracked is not responsible for any loss or damage of any sort you may incur from dealing with any such third party. Without limiting the foregoing, subject to the terms of this Agreement, you may register for use of the Service through websites other than the Website, including through www.deucescracked.rakeback.com. DeucesCracked does not control and is not responsible for any information you provide to parties other than DeucesCracked. DeucesCracked is not a party to your agreement with any party that provides software, products or services to you in connection with the Service.
8. Warranties. You acknowledge that DeucesCracked does not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We reserve the right to interrupt the Service with or without prior notice for any reason or for no reason, and you acknowledge that we will not be liable for any interruption of the Service, delay, or failure to perform and you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
THE SERVICE IS PROVIDED BY DeucesCracked ON AN “AS-IS” BASIS. DeucesCracked AND ITS SUPPLIERS DISCLAIM ALL AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DeucesCracked DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT, DATA OR MATERIALS IN CONNECTION WITH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
9. Limitation of Liability; Release. IN NO EVENT SHALL DeucesCracked’S AGGREGATE CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. DeucesCracked WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE WEBSITE, OR ANY PRODUCTS OR SERVICES, EVEN IF DeucesCracked HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
As a condition of access to the Service, you release DeucesCracked (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute (or resolution thereof) you have or claim to have with one or more users of the Service and/or provider or operator of any Third Party Website. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. Indemnification. You agree to indemnify and hold DeucesCracked harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with breach of these Terms.
11.Customer Copyrights. DeucesCracked does not claim ownership rights in any content, data, or materials that you submit for display on or transmit through the Service. By submitting Content to any area of the Service, you automatically grant (and you represent and warrant that you have the right to grant) to DeucesCracked a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, fully sublicenseable, non-exclusive license to use, reproduce, distribute, perform, and display your Content within the Service as permitted by you through your interactions on the Service.
If you believe that the copyright in your Content has been violated through the Service, please contact DeucesCracked’s agent for notice of claims of copyright infringement, who can be reached at
CORPORATION SERVICE COMPANY
2711 CENTERVILLE ROAD SUITE 400
WILMINGTON, DE 19808
and provide the following information, which DeucesCracked may then forward to the alleged infringer:
a. Identify the material on the Service that you believe infringes your work, with enough detail so that DeucesCracked may locate it on the Service;
b. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c. Provide your address, telephone number, and email address;
d. Provide a statement that (i) the information that you have provided to DeucesCracked is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner; and
e. Provide your physical and electronic signature.
Upon receiving your complaint, DeucesCracked may remove Content that you believe infringes your copyright.
12.Local Laws and Export Control. DeucesCracked controls and operates this Service from its location in the United States and is subject to the U.S. Export Administration laws and regulations. DeucesCracked makes no representation that the Service is appropriate or available for use at other locations. If you use the Service from outside the U.S., you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
13. Submissions. DeucesCracked alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service (collectively, “Feedback”), and you hereby unconditionally and irrevocably assign all Feedback to DeucesCracked free of charge. DeucesCracked may any Feedback as it deems appropriate in its sole discretion.
14. Modifications. DeucesCracked reserves the right to amend the terms and conditions of these Terms at any time and will notify you by posting an updated version of these Terms on the Website and notifying you at the e-mail address you specified in your User account. You are obligated to keep your e-mail address current and to regularly review these Terms. You agree that such amended Terms will be effective thirty (30) days we provide you with notice of such amendment, and your continued use of the Service after that time shall constitute your acceptance of the amended Terms.
15. Term and Termination. These Terms are effective on the date you first access the Service and shall continue until terminated earlier by either party as permitted herein. DeucesCracked may terminate your User account and/or stop providing the Service to you if (a) DeucesCracked, in its sole discretion, believes that you are in breach of this Agreement; (b) DeucesCracked decides, in it sole discretion, to stop providing the respective Service; or© for any or no reason by giving you thirty (30) days notice by sending an e-mail to you at the e-mail address that you have specified in your User account. You may terminate your User account at any time, with or without cause, by sending either an email to email@example.com, or a letter by U.S. mail to DeucesCracked, Inc., 5135 Ballard Ave NW, Seattle WA, 98107 or to such other address as DeucesCracked may specify in writing by posting the new address on the Website. If you terminate your User account, DeucesCracked has no obligation to refund you any fees and you are obligated to pay the balance due on your User account. You agree that DeucesCracked may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If DeucesCracked terminates your User account without cause, DeucesCracked will refund you a pro rata portion based on the proportion of days remaining in the billing period of any fees that you have paid for the terminated User account. DeucesCracked shall have no obligation to maintain any data stored in your User account or to forward any data to you or any third party.
16.Miscellaneous. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. DeucesCracked may freely assign all or part of these Terms. These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States without regard to the conflict of laws provisions requiring application of laws of a different jurisdiction. Any action under or relating to these Terms shall be brought solely in the state and federal courts located in Washington with sole venue in the courts located in King County and each party hereby submits to the personal jurisdiction of such courts. In the event that any of the provisions of these Terms is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. DeucesCracked’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. DeucesCracked may give legal notice to you by means of a general notice on the Website, electronic mail to your email address on our records for your User account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your User account. All legal notices given by you shall be mailed to: DeucesCracked, LLC.; ATTN: Jason Barnwell; Cooley Godward Kronish LLP, 719 Second Avenue, Suite 900, Seattle WA 98104. These Terms constitute the entire agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral, between the parties related to such subject matter.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding these Terms, or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.