Terms of Service

1.Services

YouCoachPoker (the "Company", "we", "us" or "our" as appropriate) provides poker-related educational material, forums, and tools for poker players (the "Services") on its website at www.youcoachpoker.com (the "Website") and at its related web properties (collectively, the "Company Websites"). The Services are provided subject to this Agreement, as it may be amended by us, and any guidelines, rules or operating policies that we may establish and post from time to time pursuant to this Agreement (the "Agreement") here or at our Company Websites, or by otherwise providing notice to you. We may discontinue or revise any or all aspects of the Services in our sole discretion. By using and/or visiting this website (collectively, including all content and functionality available through the YouCoachPoker Website you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)YouCoachPoker's privacy notice, found at http://www.youcoachpoker.com/privacy. If you do not agree to any of these terms, including the YouCoachPoker privacy notice, please do not use the YouCoachPoker Website.

2.Your Account

Many of our Services are available only to you after you complete the registration process at our Company Websites. You are not permitted to share account privileges or username/password combinations with any other person. Violators are subject to account suspension or account termination, with or without notice, and forfeiture of any membership fees.

You agree to provide true, accurate, current, and complete information as requested in the registration process. You are responsible for maintaining the security of your account, passwords, files, and for all uses of your account and of the Services in your name. The Company reserves the right to refuse registration of, suspend, or cancel, accounts upon (i) non-payment by you, (ii) your breach of this Agreement, or (iii) the request of any law enforcement or regulatory agency, or pursuant to any order issued by a court of competent jurisdiction. You hereby acknowledge that the Company may, from time to time, verify any of the information you provide to us, whether provided in the course of registration or otherwise in connection with your use of the Services.

3.User Submissions

YouCoachPoker permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, YouCoachPoker does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:

1. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize YouCoachPoker to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and

2. you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to YouCoachPoker, you hereby grant YouCoachPoker a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouCoachPoker Website and YouCoachPoker's (and its successor's) business, including without limitation for promoting and redistributing part or all of the YouCoachPoker Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouCoachPoker Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the YouCoachPoker Website.

In submitting material (video or other communication), you further agree that you shall not:

1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouCoachPoker all of the license rights granted herein;

2. publish falsehoods or misrepresentations that could damage YouCoachPoker or any third party;

3. submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

4. post advertisements or solicitations of business other than that which can be accessed through the YouCoachPoker website;

5.Impersonate another person. YouCoachPoker does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouCoachPoker expressly disclaims any and all liability in connection with User Submissions. YouCoachPoker does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouCoachPoker will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. YouCoachPoker reserves the right to remove Content and User Submissions without prior notice or delay. YouCoachPoker will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, YouCoachPoker also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. YouCoachPoker may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using YouCoachPoker.com, you will be exposed to User Submissions from a variety of sources, and that YouCoachPoker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouCoachPoker with respect thereto, and agree to indemnify and hold YouCoachPoker, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that YouCoachPoker may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other YouCoachPoker network or services at any time, for any reason, or for no reason at all, with or without notice.

YouCoachPoker provides its website as a service to its users. However, YouCoachPoker assumes no responsibility whatsoever for monitoring the YouCoachPoker Services for inappropriate content or conduct. If at any time YouCoachPoker chooses, in its sole discretion, to monitor the YouCoachPoker Services, however, YouCoachPoker assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. YouCoachPoker may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

4.Non-Commercial License & Copyright Notice

Subject to this Agreement, the Company grants you a limited, non-exclusive, revocable license to display, listen to, and download Content for your private use. Content ("Content") included on our Company Websites, such as text, videos, documents, graphics and software, is the property of the Company and/or its licensors and suppliers and is protected by domestic and international copyright and trademark laws. Content accessed at the Company Websites is for non-commercial use by you only, and any sale or transfer to others, including the reproduction for the purpose of commercial distribution, is strictly prohibited. You agree not to remove, obscure, or deface any proprietary notices or labels from the Services or any Content, or modify, translate, publish, distribute, decompile, or create derivative works based on the Services or any Content. Ownership of all Content shall remain exclusively the property of the Company, and nothing contained in this Agreement shall be construed as granting or conferring any proprietary rights or interests to you.

5. Privacy Policy

We are committed to protecting the privacy and confidentiality of your personal information, including information related to your Payment Method and Payment Card (defined below). We occasionally communicate special offers, company news, and other information with our members and guest account-holders via email, and you may opt-out of receiving such communication when you receive it or by contacting the Company.

6. Recurring Fees and Free Trials/Free Memberships

When you subscribe to our Services, you must provide to us your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information for the payment method that you provide to pay the periodic membership fee (the "Payment Method"). Fees paid by you for Services are not refundable. By requesting membership to any of the Company Websites and by accepting the benefits of becoming a member, you agree that as a condition of your continued membership to authorize us or our agent to charge your Payment Method the periodic membership fee applicable to your membership plan (e.g., the signup fee, if any, and 1 month, 6 months, and 12 months), in effect from time to time, on, approximate, the periodic anniversary date of that plan, until your membership is canceled.

From time to time, in our sole discretion, we may offer a free trial ("free trial") to first-time subscribers, limit one per household and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be authorized for one month of service plus the applicable signup fee (if any), though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in this Agreement will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for a membership. Upon completion of the free trial period, your subscription will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes. Your Payment Method will be charged the signup fee (if any) and the recurring monthly membership fees on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. You will not receive any notification from us at the expiration of your free trial. Please note the expiration date of your free trial for your records.

7. Indemnification

You hereby indemnify and hold harmless the Company and its officers, employees, agents, and advisors against any and all damages, losses, liabilities, settlements, and expenses (including without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that arises from your breach of this Agreement and your violation of any law or regulation, including without limitation any laws regarding copyright, trademark, and other proprietary rights, invasion of privacy, slander and defamation, and gaming.

8. Warranty

In entering into this Agreement with you, the Company relies upon your unconditional representations and warranties that: (a) your use of the Services is lawful and in full compliance with this Agreement; (b) your use of the Services does not violate or infringe upon the rights of others; (c) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Services; (d) you will not upload or post to the Company Websites any information or materials that is protected by copyright, trademark, or other proprietary rights without the written permission of the owner of that copyright, trademark, or other proprietary right; (e) by submitting any material to the Company or on any public area of the Company Websites, you automatically grant or warrant that the owner of such material has expressly granted the Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; and (f) you will not reverse-engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any software used by the Company to protect its proprietary interests in the Service or related materials.

9. Disclaimer Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the YouCoachPoker website is not intended for children under 13. If you are under 13 years of age, then please do not use the YouCoachPoker website.

10. Warranty Disclaimer

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE SERVICES AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES, AND SKILLS.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, PERFORMANCE, DESIRED RESULTS, OR SUITABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation of Liabilities and Remedies

THE COMPANY AND ITS EMPLOYEES, ADVISORS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO US (IF ANY) BY YOU FOR USE OF THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH A CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR THE COMPANY TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.

12. Termination

At its sole discretion, the Company may immediately suspend or terminate your ability to use our Services for any reason. Upon termination for any reason by you or the Company, Section 11 of this Agreement relating to "Limitation of Liabilities and Remedies" shall survive and continue in full force and effect until fulfilled. No refund shall be issued to you in the event the Company terminates your ability to use our Services.

13. Cancellation

Regardless of your cancellation method, your access continues until your next renewal date no matter when you choose to cancel the account. Our customer service representatives are authorized to waive the sign-up fee one time only for former subscribers who rejoin within 120 days of the termination date. Afterwards, you will pay the sign-up fee again when you re-subscribe to gain access to the videos, content and site improvements created in your absence. You may cancel your subscription through the site.Your notice of cancellation must include your full name, mail address, and your YouCoachPoker.com username and password.

General Provisions

a. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Company employees while acting in their official capacities.

b. If any provision of the Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited so that the balance of this Agreement will otherwise continue in full force and effect. Additionally, any provision(s) held wholly or partly invalid or unenforceable shall be deemed amended, and the court is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the intent of the parties as shown herein.

c. The Company and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.

d. We reserve the right to transfer or assign this Agreement, in whole or in part, to any person or entity without notice and you will be deemed to consent to such assignment. You may not assign or transfer any of your rights or obligations under this Agreement.

e. This Agreement shall be governed in all respects by the laws of the State of New Hampshire without regard to its conflict of laws provisions, and you and the Company agree that the sole venue and jurisdiction for any and all disputes arising from or related to this Agreement shall be the appropriate state or federal court located in Merrimack Country of the State of New Hampshire. The Company and you submit to the personal jurisdiction of the State of New Hampshire and irrevocably waive any objection based upon jurisdiction, venue, and the convenience of the forum.

Publication Date: May 19, 2010