Bluffware Terms of Use

Bluffware, LLC, a Delaware Limited Liability Company (“Bluffware”), welcomes you as a user of the Bluffware website (the “Website”).  Bluffware offers free hand history analysis for online poker and an online social platform for users to communicate about poker hands and related matters (the “Serivces”) through the Website.  By accessing and using the Website, you accept and agree to be bound by the terms and provisions of the Terms of Use.

1. Website Access.   Bluffware hereby grants you permission to use the Website and access to the Services, provided that:

 

1. your use of the Website and the Services is solely for your personal, noncommercial use;
2. you will use the Website for lawful purposes only;
3. you will not post or transmit through the Website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable;
4. you will not post or transmit through the Website any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms of Use;
5. you will not transmit any content which contains software viruses, or other harmful computer code, files or programs;
6. you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc;
7. you will not disrupt servers or networks connected to the Website;
8. You will claim no proprietary right to any information provided by you and made available to the public or other users through the Website or through direct communication.
9. you agree that Bluffware may remove or delete any information or material posted or uploaded by you without notice, for any or no reason, at any time, with or without prior notice, and without liability; and
10. you comply with these Terms of Use.

 

2. Intellectual Property.

 

1. Copyright.  All content included on the Website and delivered to users as part of the Services is the property of Bluffware and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Bluffware and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Bluffware. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

 

2. Trademarks.  Bluffware is a registered trademark of Bluffware, LLC. The Bluffware logo and bluffware.com are trademarks or service marks of Bluffware, LLC. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Bluffware, LLC. The trademarks, service marks and trade dress of the Website may not be used or reproduced without prior written approval from Bluffware, LLC and may not be used in connection with any product or service that is not affiliated with Bluffware, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Bluffware, or in any manner that disparages or discredits Bluffware. Other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bluffware. Any images of persons or personalities contained on the Website are not an indication or endorsement.

 

3. Privacy.  Bluffware will not sell or otherwise provide your email address or contact information to third parties.  Bluffware may from time to time contact you through email regarding the Services and you may receive communications through email from other users of the Services.  If an opt-in or opt-out option is not available on the Website you may opt out of communication from Bluffware or other users by emailing Bluffware at support@bluff.com.

 

4. WARRANTY DISCLAIMER.  THE WEBSITE, INCLUDING ALL FEATURES AND FUNCTALITIES ASSOCIATED THEREWITH, AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND BLUFFWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE THE WEBSITE AND ITS CONTENTS OR THE SERVICES. Without limiting the foregoing, Bluffware assumes no liability or responsibility for any of the following: (i) content contained on or defects from the Website; (ii) errors or omissions in the content delivered by Bluffware or through the Services or the Website; (iii) recommendations or advice of Bluffware or any users of the Website; (iv) any failures, delays, or interruptions in service; (v) any failure or interruption in the availability of the Website or the Services (vi) delivery and or display of any content contained on the Website (vii) any losses or damages arising from the use of the Services or the Website.  TO THE EXTENT ALLOWABLE BY LAW, BLUFFWARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, Bluffware does not represent or warrant that the information accessible via the Website or the Services is accurate, complete or current. Bluffware does not make any representations with respect to the content contained on the Website. Bluffware does not represent or guarantee that your use of the Website or the Services will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Bluffware disclaims any liability with respect thereto. No oral or written information or advice given by Bluffware or its authorized representative shall create a warranty or otherwise constitute a representation binding upon Bluffware or its affiliated parties.

 

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL BLUFFWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BLUFFWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUFFWARE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BLUFFWARE FOR THE SERVICES.  YOU SPECIFICALLY ACKNOWLEDGE THAT BLUFFWARE SHALL NOT BE LIABLE FOR USERS RIGHTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

6. Indemnity.  You agree to indemnify and hold Bluffware, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or if any content or information that you post or upload to the Website or through the Services that causes Bluffware to be liable to another.

 

7. Modification. Bluffware may modify this Agreement from time to time and such modification shall be effective upon posting by Bluffware on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

8. Term and Termination.  This Agreement shall remain in full force and effect while you use the Services or have an active profile on the Website.  You may terminate your user account by removing your profile through the “My Profile” page of the Website. Bluffware reserves the right, in its sole discretion, to remove your profile or suspend or terminate your access to the Services and use of the Website at any time, for any or no reason, with or without prior notice, and without liability.  Bluffware reserves the right, in its sole discretion, to terminate or modify the Services or the Website, at any time, for any or no reason, with or without prior notice, and without liability.

 

9. Limitations on Use.  Users of the Services must be 18 years of age or older, or must have the consent and guidance of a parent or guardian when using the Services.

 

10. Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota including its provisions governing choice of law.  By your use of the Services, you (i) agree that any suit, action or legal proceeding arising out of or relating to this Agreement or arising out of your use of the Website or the Services will be brought in the courts of record of the State of Minnesota in Dakota County, or in the Federal District Court of the United States with jurisdiction in Dakota County, Minnesota; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.

 

11. Assignment.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bluffware.com without restriction.

 

12. Entire Agreement. This Agreement constitutes the entire agreement between you and Bluffware and governs your use of the Services and the Website, superseding any prior version of these Terms of Use between you and Bluffware with respect to the Services or the Website.             

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.