Hawaii Online Poker Championship

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM AND REGISTERING ON OR USING OUR WEBSITE (”SITE”). PLEASE PRINT AND KEEP THESE TERMS AND CONDITIONS AND OTHER POLICIES, TERMS, AND RULES THAT WE MAY POST ON THE SITE, AS WELL AS CONFIRMATION EMAILS, MESSAGES, AND TRANSACTION DATA REGARDING YOUR USE OF THE SITE AND/OR SERVICES. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE ARE NOT RESPONSIBLE FOR FILING THIS OR OTHER AGREEMENTS, OR CHANGES AND AMENDMENTS THERETO, WITH YOU. THESE TERMS AND CONDITIONS ARE ALSO SUBJECT TO CHANGE AS SET FORTH BELOW.

USE OF THE SERVICES OFFERED BY THE SITE IS LIMITED TO RESIDENTS OF THE STATE OF HAWAII AND ACTIVE MILITARY STATIONED IN HAWAII WHO ARE 21 YEARS OF AGE OR OLDER.

By registering and/or by using the Site, these terms and conditions become a legally binding agreement between You, the end user (’You’), and Axiom Groove, L.L.C., a Hawaii-based company, P.O. Box 2217, Pearl City, Hawaii, 96782, and its partners (’Us’). Axiom Groove, L.L.C. is licensed and regulated by the State of Hawaii for purposes of online services. In the event that You have any complaints or disputes with regard to any outcome or activity on the HawaiiPokerChampionship.com site, You may contact Us in accordance with Section 22 below. Any questions, complaints, or disputes related to poker gaming services should be directed to NLOP at http://www.nlop.com/customerservice.shtm.

These Terms and Conditions together with the Privacy Policy, Game Rules, and any other additional rules, terms, and policies that are published on the Site or otherwise notified to you that specifically relate to and govern any particular event, game, software, promotion, tournament, or other service constitute a legally binding agreement between you and us (collectively the ‘Agreement’). You are responsible for reading all of these documents carefully as each one forms part of the legally binding Agreement between you and us. You also acknowledge and accept the Privacy Policy and other rules, terms, and policies published by us, including our partners. In the event of a conflict between different language versions of the Agreement, the English language version shall prevail.

By registering on and/or using our Site, you acknowledge that you have read and accept the Agreement. If you have any questions about the Agreement, we encourage you to contact us for an explanation and/or to seek independent legal advice.

GAMING SERVICES
The gaming services are those services provided via HawaiiPokerChampionship.com and any other branded online gaming websites or offline games and tournaments provided by or through us (together the ‘Gaming Services’). If you use or intend to use HawaiiPokerChampionship.com, or any of our other games online, you must do so in accordance with Section 30 of these Terms and Conditions, which apply specifically to Online Gaming Services, in addition to the general Terms and Conditions.

1. APPLICABILITY OF AGREEMENTS
By registering on and/or using our Site, including accessing, using, viewing, reading, or printing any content or downloading and installing any software, you acknowledge that you have read the Agreement, agree to comply therewith, and acknowledge that your failure to comply may result in disqualification, the termination of your account, as defined in Section 3 below, and/or legal action against you, as appropriate and as further detailed in the Agreement. You also agree that by accepting the Agreement and registering with the Site, you will immediately have access to the services. When you register for the services, you will not later be able to cancel your registration, although you can close your account in accordance with Section 19 below.

2. LEGALITY OF USE OF THE SERVICES
You may only use the gaming services if you are 21 years of age or over and if you are a resident of the State of Hawaii or active military stationed in Hawaii. You also acknowledge that you have the legal capacity to enter into the Agreement. We reserve the right to request proof of age and residence from you, and your account may be suspended until appropriate proof is provided. Your use of the services is at your sole discretion and risk, and we are not responsible or liable in any way for misrepresentations of your age, residence or other personal information. By using the services, you additionally agree that you do not find the services to be offensive, objectionable, unfair, or indecent in any way.

3. ACCOUNT SET-UP/REGISTRATION
To use the services, you first need to register an account with us. You may access any of the services from your account based on the conditions below:

3.1. The registration process (setting up an ‘account’) involves choosing a unique account or user name and password and, for verification and security purposes, entering other information that we ask for on our registration form which may include (but are not limited to) your first and last name, address, email, gender, birth date, and telephone number. We reserve the right to disallow the use of account names that we, at our sole discretion, deem inappropriate, as falsely representing you as someone else, or as violating of the rights of a third party. The name you provide to us on your account must match your true and legal name and identity. At any time, we reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport, identity card, and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement) in order to verify your identity. Failure to provide such documentation may result in suspension of the account.

3.2. You are required to ensure that the information provided at registration is accurate and up-to-date. You can change the information you provide at registration at any time by editing your account preferences. You are fully responsible for any unauthorized use of your registered email address that may result in another person getting access to your account name and/or password. Without limitation of the foregoing, you are responsible for keeping your anti-virus, firewall, and/or other identity protection software updated and for taking other necessary steps in order to maintain the confidentiality of your information. Please see our Privacy Policy and contact us for further questions or concerns.

3.3. There are no set-up charges for opening and using your account.

3.4. To use certain services you may first need to download and install the software indicated, which may be accessed through the website.

4. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

4.1. The account name and password you register with should not be disclosed to any third party. You agree that you are solely responsible for the security of your account name and password. You agree to keep your account name and password secret and confidential at all times and not disclose or sell it to a third party. You agree to make all efforts to protect their secrecy and will be responsible for ensuring that others cannot have access to your account. We assume that every person who enters a correct username and password is the rightful account holder and all subsequent transactions will be regarded as valid. In no event will we be liable for any loss you suffer as a result of any unauthorized use or misuse of your account information. We shall not be required to maintain account names or passwords.

4.2. You agree to notify us immediately if you discover any unauthorized use of your account name and password or other breach of security. If you have lost your account name, username or password, please contact us for a replacement. We are not liable if you misplace, forget, or lose your account name, username or password as a result of anything other than our error.

5. ONE ACCOUNT
You are prohibited from opening and using more than one account in connection with your use of these services. If you accidentally or unintentionally hold more than one account, you must take immediate action to terminate all but one of the accounts or contact us immediately so that we can manage your accounts in order to rectify any violations. We reserve the right to terminate one or all of your accounts if you open multiple accounts. Should we have reasonable grounds to believe that multiple accounts have been opened with the intention to defraud the company, we reserve the right to cancel any transaction related to said fraud attempt. If you have lost your account name or password, please contact us for a replacement.

6. NO EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant, agent, or relative of an officer, director, employee, consultant, or agent of Axiom Groove, L.L.C., one of its direct or indirect subsidiaries, or of a supplier or vendor, you are not permitted to directly or indirectly use any of our services other than in the course of your employment as an employee.

7. NO AGENCY RELATIONSHIP
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize an employment, partnership, agency, trust arrangement, fiduciary relationship, joint venture or formal business entity of any kind. The rights and obligations of the parties shall be limited to those expressly set forth in this Agreement.

8. YOUR USE OF THE SERVICES

8.1. The services may only be used for purposes expressly permitted by this Agreement.

8.2. We reserve the right to suspend or modify any of the services in our sole discretion at any time and without notice, and we will not be responsible for any liability that results from any such action.

8.3. For the purposes of protecting our customers and the integrity of our services, we prohibit the use of all unfair practices as detailed in the Fraudulent and Prohibited Activities, Anti-Cheating Policy, and other sections.

8.4 We prohibit the posting of Third Party Content on the site as detailed in the Third Party Content section.
Except as explicitly allowed in a specific area of our site, we prohibit any communications through our site with other users of our service, which is meant to be private, as all content entered into the site shall be considered publicly available and may be read by the agents and operators of the service. Any allowable communications are subject to the Fraudulent and Prohibited Activity section in this Agreement.

9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:

9.1. You have read and understand this Agreement.

9.2. Your use of the service is at your sole option, discretion, and risk.

9.3. You are required to give us personal information about yourself, which is subject to our Privacy Policy, for the purpose of using the service.

9.4. Your acceptance of this Agreement and use of the services will not conflict with or violate any provision of law, rule, or regulation to which you are subject, any order, judgment or decree applicable to you or binding upon your assets or properties, or any agreement or other instrument applicable to you or binding upon your assets or properties.

9.5. You are solely responsible for the required telecommunications networks and Internet Service Provider that you use for accessing our online services and we shall have no liability whatsoever for any deficiencies therein.

10. NO WARRANTIES
We are committed to providing the highest quality services; however our services are provided ‘AS IS,’ and we disclaim any and all warranties, expressed or implied, in association with the services. We provide you with no warranty or representation whatsoever regarding the quality, fitness for purpose, completeness, or accuracy of the services, and offer no warranty that the online service will be completely free from interruptions, errors, defects, viruses or bugs. Errors occur in the operation of online gaming services and we assume no responsibility or liability for outages or loss of connection while you are playing any game we offer. We make no warranty regarding goods and services obtained through, or other transactions you engage in on, the website. You will be solely responsible for any loss of data or damage to your computer system.

11. AUTHORITY
We retain authority over the registration, maintenance, and termination of your account. Our management decisions regarding any aspect of your account, your use of services, or dispute resolution activities are final and are not open to review or appeal.

12. COPYRIGHT AND TRADEMARKS
The terms “Hawaii Online Poker Championship”, “HawaiiPokerChampionship.com” and any other marks used by us are our trademarks, servicemarks and/or tradenames or those of one of our subsidiaries, associated companies, or licensors. Other types of content on the site, including text, graphics, images, video and audio clips, data, software or other downloadable materials, are the proprietary information and valuable intellectual property of us or the party that provided the materials to us. We or the party that provided the materials to us retain all right, title, and interest in the materials. You agree not to copy, distribute, republish, modify, upload, post, or transmit any of this material in any way without our prior written consent.

13. INACTIVE ACCOUNTS AND ABANDONMENT OF ACCOUNTS

13.1. If you do not log in to your account for a consecutive period of 180 days, your account may be considered ‘Inactive’. If you do not log in to your account for a consecutive period of 365 days, your account may be considered ‘Abandoned’ and we may terminate your account information.

13.2. In the event that you do not log in to your account for a consecutive period of 180 days, you are responsible for contacting us to revert your account back to ‘Active’ status. In the event that you do not log in to your account for a consecutive period of 365 days, you may need to re-register for a new account.

14. THIRD PARTY CONTENT

14.1. Language that we consider abusive or offensive, including foul language and untrue and/or malicious and/or damaging comments, toward others or with regard to our operation is prohibited. In addition, you are not entitled to make such abusive or offensive language in any other media or forum.

14.2. We may remove any text, images, video or sound clips, or any other materials (’Third Party Content’) posted by you on the site which we in our sole discretion determine breaches the terms of this Agreement.

14.3. We may suspend or terminate your account as a result of violation of this Third Party Content policy.

15. FRAUDULENT AND PROHIBITED ACTIVITIES

15.1. Sportsmanlike conduct is required of all users of gaming services. We have a zero tolerance policy towards inappropriate play, including ‘begging’ other players to take any action, harassment, and/or posting of unlawful, obscene, defamatory, threatening, or other inappropriate material anywhere on the site or offline, or in other correspondence with users or staff. We reserve the right to terminate your account if, in our sole determination, you have been found guilty of inappropriate play.

15.2. If, in our sole determination, you are found to have cheated or attempted to defraud us or any other user of any of the services in any way, or engaged in a prohibited transaction, we reserve the right to suspend or close your account, share this information (together with your identity) with the police, regulatory authorities and other online gaming sites, banks, credit card companies, and other persons or entities that have legal rights to such information, and take legal action. Please see our Privacy Policy.

15.3. We reserve the right to void any winnings made by any person or group and to void and withhold any points gained by any person or group where we have reasonable grounds to believe that said person or group is acting or has acted in liaison in an attempt to defraud or damage us and/ or the Group and/or the Services and/or the site in any way.

15.4. In the interests of data protection, security, and avoidance of fraud, we do not permit use of any communication channels included within the services and/or the site (including but not limited to chat boards) to offer or promote any offers, products and services (whether yours or a third party’s). You are expressly prohibited from posting information or contacting other customers to offer or promote any offers, products or services.

15.5. Apart from the intended purposes of the site, you may not use or modify any part of the website without written consent from us, including but not limited to written text, images, graphics, coding, data, or other content, for such purposes as duplicating any content, creating derivative works, circumventing encryption or other security tools, data mining, data gathering, data extracting, interfering with the functioning of the site, decompiling, reverse engineering, or modifying the software, or assigning any material to a third party.

16. ERRORS
You agree to inform us immediately upon becoming aware of any errors with regard to your account or any outcomes of the gaming services. If, in our sole discretion, we determine that an error has been deliberately caused to gain an unfair advantage, we reserve the right to consider this activity to be subject to the Forfeiture & Account Closure section of this Agreement.

17. SECURITY REVIEW
We reserve the right to conduct a security review at any time to verify your identity, your other registration information, your use of the services, and your compliance with this Agreement and our other policies. You authorize us to make any inquiries of you and to use and disclose information to any third party for the purposes of validating the information you provide to us. You agree to provide such information upon our request.

18. FORFEITURE & ACCOUNT CLOSURE
We reserve the right, in our sole discretion, to terminate the agreement, and/or suspend or terminate your account if:

18.1. You are in material breach of the Agreement;

18.2. We determine that you have used or attempted to use the services for the purposes of fraud, collusion, or unlawful or improper activity; or

18.3. We determine that you have played at any other online gaming sites or services where you were suspected of fraud, collusion, or unlawful or improper activity.

19. TERMINATION

19.1. You are free to close your account and terminate the Agreement through the process provided on the site.

19.2. Without limitation to the Forfeiture & Account Closure section, we are free to terminate the Site and the Agreement at any time.

19.3. Sections 15, 18, 19, 20, 21, 22, 23, 24 and 25, of these Terms and Conditions shall survive any termination of this Agreement by either party, along with any other Sections which are required for the purposes of interpretation.

20. COMPENSATION
You agree that you will only use our services in accordance with this Agreement and you will compensate us in full for any losses, damages, costs, or fees that we incur as a result of your breach of this Agreement.

21. LIMITATIONS AND EXCLUSIONS

21.1. Your account set-up, use of the site, and downloading of software is at your sole option, discretion, and risk. We are not liable for any problems including, but not limited to, lost or damaged data, software, computer, mobile device, or other equipment damage, relating to either the software required for using the services, errors as detailed in the Errors section, or viruses. In addition, we are not liable for any loss due to any person’s use, misuse, or inability to use the services or attempts by you to use the services in ways that are not intended by us. We are not required to maintain backup networks and/or systems.

21.2. We do not make promises or warranties about the services except as expressly set forth in this Agreement.

21.3. We shall not be liable for any damages that result from your use of links that may appear on the site. Links, including advertisements, are provided for your convenience, and we do not screen or endorse any of the content that may appear on the sites whose links appear on our site.

21.4. We shall not be liable for any failure of the services due to outages, software errors, network overloads, denial of service attacks, natural or man-made disasters, such as war, acts of government, terrorism, riot, arson, embargoes, tampering with infrastructure (cutting fibers, hacking, etc. ), or other unforeseen circumstances.

21.5. We are not liable to you in contract, tort, or otherwise for any loss whatsoever, even if we have been advised on the possibility of loss.

22. NOTICES/COMPLAINTS
If you have a complaint or dispute about an outcome or activity related to our site, you must submit your complaint to us in writing within thirty days of the date of the outcome or activity. Complaints may be submitted by email to support@hawaiipokerchampionship.com or in writing at: Axiom Groove, L.L.C, Attn: HOPC Complaints., P.O. Box 2217, Pearl City, Hawaii, 96782. Any notice we give to you, unless otherwise specified in this Agreement, will be sent to the latest email address that you have provided to us. It is your responsibility to notify us of any changes to your email and other personal information, and to check your email regularly.

23. DATA PROTECTION

23.1. We may share your personal data with any of our agents who may only use such data for purposes necessary for appropriately providing and enhancing our services to you, and within the terms of this Agreement. We shall use your personal data in accordance with our Privacy Policy.

23.2. We may record any and all communications through our site, email, or telephone, which will be our confidential property for the use of improving customer services or addressing any disputes.

24. GOVERNING LAW
The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of Hawaii, without regard to its principles of conflicts of law. You agree that any dispute that cannot be resolved between us shall be resolved by arbitration and without resort to any form of class action.

Arbitration shall be conducted in Honolulu, Hawaii, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, and/or its other rules that may be specifically applicable to the subject mater of the dispute, and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in Hawaii having jurisdiction thereof.

To the extent not governed by the foregoing, any other matter involving litigation between us will be brought in a State or Federal court located in Honolulu, Hawaii, and you and we waive any jurisdictional, venue or inconvenient forum objections to such courts.

Your use of the Site constitutes an agreement by you that any dispute that cannot be resolved between you and us shall be resolved without resort to any form of class action.

This section of these Terms and Conditions may not be amended or modified by us without prior notice to you at your last known e-mail address sixty days in advance of the effective date of the amendment or modification

25. ASSIGNMENT
In such cases as the site being in whole or in part acquired by, merged with, or sold to a third party, we reserve the right to transfer, assign, sublicense or pledge this Agreement, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under these Agreements.

26. THIRD PARTY RIGHTS

26.1. Any person or entity who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement, with the exceptions of the rights of any third party explicitly given under this Agreement and third parties given right under local law or statute.

27. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
Except as otherwise expressly provided herein, we reserve the right to modify and/or amend the Agreement from time to time. We may notify you of changes to this Agreement by email or by publishing the revised Agreement on the Site. Any changes will take effect immediately on notice to you or publication on the Site. You are free to terminate this Agreement at any time, by closing your account. As this Agreement may be changed periodically, it is your sole responsibility to review this Agreement and any amendments each time you play, and to check your email for notifications of changes to this Agreement. This Agreement and the documents referred to herein represent the complete and final agreement between you and us and supersede any and all prior agreements between you and us.

28. BREACH

28.1. If you breach any provision of this Agreement in whole or in part, we reserve the right to take action at our sole discretion, including terminating this Agreement, terminating your account, suspending services, and/or taking legal action.

28.2. If you breach any provision of this Agreement in whole or in part, violate any law or third party rights, or become liable through your personal actions on the Site (including through unauthorized users of your account), you agree to fully indemnify, defend and hold us harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses.

29. SEVERABILITY
In the event that any provision of this Agreement is found by a court of competent jurisdiction or an arbitrator to be illegal, invalid, or unenforceable in any jurisdiction, then that provision will be enforced to the maximum extent permissible, and the remainder of this Agreement will continue in full force and effect.

30. ONLINE GAMING SERVICES
The following terms apply specifically to your use of the Online Gaming Services. Online Gaming Services are hosted by one of our partners (host), whose terms and conditions of use and/or other agreements will prevail in the event of any discrepancy between this Agreement and the agreement between you and the host. Your use of the Online Gaming Services is solely bound by the agreement between you and the host and we are not liable for any claims, demands, liabilities, damages, losses, costs and expenses incurred through your use of the Online Gaming Services.

30.1. ‘Play Money’ Games
By registering for the Online Gaming Services you will be able to access free games and tournaments that involve no use of real money, but that use only ‘play money’. No real money is exchanged between players or between you and us in association with playing these games, as such activity is illegal in the State of Hawaii. No purchase is necessary or required to play, although you are responsible for any costs associated with accessing our service, including an Internet Service Provider or telecommunications provider, and computer equipment. We reserve the right to suspend, modify, remove and/or add any Gaming Service in our sole discretion with immediate effect and without notice.

30.2. Rules and Procedures of the Gaming Services
You must follow the Game Rules and any other policies that we may post on the site. You agree that you are fully responsible for knowing the game rules and policies and for any losses resulting from negligence in adhering to the game rules and policies.

If you have any questions, please contact our Customer Service Team at support@hawaiipokerchampionship.com.