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Terms and Conditions.

Our players must read and accept this Service Agreement before signing up. Last Updated June 21, 2010
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TERMS OF USE


BY CHECKING THE "I ACCEPT" BOX AND REGISTERING FOR THE SPADECLUB SERVICE, OR BY USING OR ACCESSING THE SERVICE, YOU ARE AGREEING TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE "I DO NOT ACCEPT" BUTTON AND YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

  1. Binding Agreement. By registering for an account, participating in any tournament, or accessing any services offered on the SpadeClub Service (the "Service") you are agreeing to be bound by the most current version of this Agreement. Your SpadeClub member account ("Account") and all of the tournaments, games, and services at SpadeClub are governed by this Agreement.
    1. 1.1 Revisions to Agreement. If we revise this Agreement, such revision will be effective five (5) days after we post the new Agreement on SpadeClub. You agree to review the Agreement periodically to become aware of such revisions. You can view the Agreement at any time by clicking on the Terms and Conditions link at the bottom of the SpadeClub home page. Your continued use of the Service five (5) days after a revised Agreement is posted on SpadeClub will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Agreement, your only remedy is not to use the Service and to cancel your Account. This Agreement cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Service. If any portion of this Agreement is deemed void or unenforceable, then that provision is to be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions.
    2. 1.2 Governing Law and Disputes. This Agreement is governed by and is to be construed in accordance with the laws of the State of Nevada, irrespective of any principles of conflicts of law. You agree that any dispute that cannot be resolved between the parties will be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute will proceed only in the state or federal courts located in Las Vegas, Nevada, and to submit to the personal jurisdiction and venue in such courts for any such action.
  2. Accounts. There are two types of Accounts for SpadeClub: Basic and Premium. The following section describes the requirements and services provided to members of each type of Account. Information collected by SpadeClub is subject to our Privacy Policy, which may be viewed here: Privacy Policy.
    1. 2.1. Basic Account. Basic Accounts are free, and you may take part in all of the SpadeClub services available to Basic Account members.
      1. Registration. You must provide the following information to register for a Basic Account:
        1. Email address
        2. Screen Name
        3. Password
        4. Location (State/Country)
      2. Eligibility. To have a Basic Account, you must:
        1. Be at least 18 years old
        2. Be the individual who is assigned to the e-mail address submitted on your account registration form;
        3. Be physically located in a location that does not place restrictions on your participation; and
        4. At all times abide by this Agreement.
      3. Services. Basic Accounts provide you access to the services described here: Basic/Premium Services. SpadeClub products and services may change from time to time without notice.
    2. 2.2. Premium Member Account. SpadeClub charges a subscription fee for Premium Accounts and provides additional products and services that are not provided to Basic Account members. Information regarding the pricing and services for Premium Accounts may be found here: Pricing and Service Information.
      1. Registration. In addition to the information required for a Basic Account, you must provide the following information to register for a Premium Account:
        1. Home address
        2. Billing address
        3. Legal name
        4. Credit card information
      2. Eligibility. To have a Premium Account, you must:
        1. Be at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
        2. Be physically located in a location that does not place restrictions on your participation. Residents from the following States are excluded from becoming Premium Members: Alabama, Arkansas, Georgia, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, North Dakota, Tennessee, and Washington. Residents from Quebec, Canada are not eligible.
      3. Services. Premium Accounts provide you access to the products and services described here: Products and Services. SpadeClub products and services may change from time to time without notice.
      4. Subscription Fees for Premium Membership Accounts.
        1. We charge a fee for Premium membership. Premium members receive certain membership benefits, which may vary from time to time, including, newsletters, access to special offers, community features and services. These are benefits that are not available to Basic members. Premium members will also have access to play in Premium Tournaments and participate in related activities without having to complete mail-in registration. Note, we reserve the right in our sole discretion to substitute, modify or terminate specific Premium member benefits. You have no right to a specific Premium member benefit.
        2. Credit Card Payment. By registering for a Premium Account with a credit card, you are authorizing SpadeClub to charge the applicable recurring SpadeClub Premium Account membership fees to your credit card, using whatever payment processor and/or merchant bank SpadeClub deems appropriate in the exercise of its sole and unfettered discretion. When you provide credit card information to SpadeClub, you represent to SpadeClub that you are the authorized user of the credit card that you are providing. Each billing period that you have a Premium Account, you reaffirm that SpadeClub is authorized to charge your credit card for the Premium Account membership fee. You agree to promptly notify SpadeClub of any changes to your credit card account number, its expiration date, or your billing address, and you agree to promptly notify SpadeClub if your credit card expires or is canceled for any reason. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
        3. Personal Check Payment. By using the alternative payment method of a personal check, you are authorizing SpadeClub to deposit the check as consideration for Premium Account membership time. Your Premium Account membership time will be activated at the time the check is received. If the check does not clear, your Premium Account membership will be revoked immediately, and all future payments by check will have to clear prior to Premium Account activation. All bank fees related to the check will be your responsibility. All checks must include your Screen Name so that we know which account to credit. Payments by check are only accepted for Quarterly and Yearly memberships. Please make the check payable to "SpadeClub", and mail to 1027 S. Rainbow #282, Las Vegas, NV 89117. Checks accepted from US residents only. All checks must be drawn in U.S. Dollars or they will be returned.
        4. E-Payment. SpadeClub offers an E-payment option. By using this alternative payment method, you are authorizing SpadeClub to electronically charge your checking account for the applicable Premium Account membership fee amount. Free Trials are not available when using the electronic check payment method. Your Premium Account membership will be not activated automatically, and may take up to 72 hours to activate.
        5. Premium Account Fees are Payable in Advance and are Not Refundable. Depending on the billing plan you have chosen, SpadeClub fees are due on a monthly (every 30 days), quarterly (every 90 days), or yearly (every 365 days) basis. For credit card payments, you are billed one time at the beginning of each applicable billing period. If you do not cancel your Premium Account, then SpadeClub will automatically renew your Premium Account at the end of the period, and you will be billed according to the billing schedule you are on. If SpadeClub is unable to process payment from your credit card for any reason upon being submitted for billing, SpadeClub will notify you via e-mail, and you shall have three (3) days within which to remedy the issue. For Quarterly and Yearly memberships, we will also try during this period to process payment from your credit card for the Monthly membership amount in order to allow you to continue to receive the benefits of continued Premium membership. If the issue remains unresolved after three (3) days and SpadeClub is unable to process payment from your credit card, your Premium Membership will be terminated and you shall become a Basic Member. SpadeClub reserves the right to change the fees, charges or billing methods in effect, or add new fees and charges, at any time. SpadeClub will provide you with notice of any changes to our fees or billing methods at least thirty (30) days in advance by posting such changes on SpadeClub. You are responsible for reviewing the SpadeClub site to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after our posting of billing or fee changes on SpadeClub means that you accept such changes. If any change is unacceptable to you, you may cancel your Account at any time, during our Support Hours, effective at the end of your billing period. SpadeClub will not refund any payments for billing periods during which you had an active Account, and we will not prorate fees for any Account. For payments by check or E-Payment, your membership time will expire 90 days or 365 days, as applicable, unless we receive a new check prior to that date. We will send an email reminder that your expiration date is coming due.
        6. Account Expiration. Upon termination or expiration of a Premium Account, your Account will revert to a Basic Account. After more than ninety (90) days of inactivity, SpadeClub may delete all Player Points, Play Money, Badges, or other Account information you may have accumulated.
        7. Taxes. If your use of SpadeClub is subject to use or sales tax, then SpadeClub may also charge you for any such taxes, in addition to the Premium Account fees. Non-US residents are subject to back up withholding for United States federal income tax purposes at 30%.
        8. Free Trial Accounts. If you accept a free trial Premium Account, we will begin to bill you for a monthly Premium Account when the free trial period expires, unless you cancel your Account before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using SpadeClub, even when we offer a Free Trial Account. Trial Accounts may not be transferred at any time to any other user and are limited to one person. You must provide credit card information to register for a Free Trial Account. Free trials are not available to those who remit payment by check or E-Payment.
    3. 2.3. Limitations on Accounts. You may not open more than one Account, and SpadeClub may monitor any effort to establish multiple accounts. If SpadeClub discovers that you have opened more than one Account, then all additional Accounts will be closed without notice and SpadeClub may terminate all of your Accounts. SpadeClub may void any winnings won during a time during which you had multiple Accounts.
    4. 2.4. Accounts for Individual Use Only. You, as the holder of your Account, are solely responsible for all obligations and, assuming your compliance with this Agreement, are entitled to receive all the benefits as well. You may not allow any other person to access your Account, access the Service, accept any winnings, or participate in any tournament using your Account. Your Account is not transferable to any other person. You agree to indemnify, defend, and hold SpadeClub harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your Account by any person.
    5. 2.5. Cancellation and Termination.
      1. Cancel at Any Time. You have the right to terminate or cancel your Account at any time.
      2. Cancellation is Sole Remedy. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with SpadeClub. This includes, but is not limited to, any dispute related to, or arising out of: (1) any terms of this Agreement or SpadeClub's enforcement or application of this Agreement; (2) the content or services available through the Service; (3) your ability to access or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
      3. How to Cancel. You may cancel your Account at www.spadeclub.com/account/cancel.
      4. No Refunds. Unless SpadeClub cancels your Account without any reason, if your Account is terminated, suspended, or canceled, no refund will be granted, and you will have no further access to your Account or anything within SpadeClub associated with it (such as electronic messages, player points, or tournament tokens). Active Account holders may not allow former Account holders whose Account was terminated by SpadeClub to use their Accounts. Any delinquent or unpaid Accounts, or Accounts with unresolved issues with SpadeClub must be settled before SpadeClub will allow you to register again.
  3. Tournament/Sweepstakes Rules
    1. 3.1. SpadeClub Tournaments are not Gambling. SpadeClub is not a gambling site -- you are never asked to place a bet or risk money on a poker tournament or any game. The Service and all tournaments are subject to the laws governing sweepstakes, contests, and promotions, which vary from State to State. There is no purchase necessary to participate in any the tournaments available on the Service. See Section 3.6 for an alternative mail-in means of entry to Premium Tournaments. The Service's tournaments are void if prohibited by the law in the jurisdiction in which you are playing. You are subject to all laws of the State or province and country in which you reside and from which you access SpadeClub and you are solely responsible for obeying those laws. You agree that SpadeClub cannot be held liable if laws applicable to you restrict or prohibit your participation. SpadeClub makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered at SpadeClub, and no person affiliated, or claiming affiliation, with SpadeClub has authority to make any such representations or warranties.
    2. 3.2. Excluded States. Some States have sweepstakes laws that do not allow their residents to participate in sweepstakes such as SpadeClub. Unfortunately, we are not allowed to have residents from the following States be Premium Members or participate in Premium Tournaments: Alabama, Arkansas, Georgia, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, North Dakota, Tennessee, and Washington. In addition, residents from Quebec, Canada are not eligible.

      If for some reason a State is added to this list of Excluded States, all Premium members residing in that state will be notified of the change by email, and be advised as to how their membership status will be affected, and the timeframe for withdrawing any membership account balance. However, it also remains the responsibility of each member to review these Terms and Conditions at the time of each membership period renewal to determine if they reside in an Excluded State, and whether they need to withdraw their customer balance under this policy.

      The maximum time allowed to withdraw funds from a newly-excluded member account is 30 days following the end of the membership period in which the State was added to the Excluded States list. This timeframe could be shorter if company policy dictates
    3. 3.3. Tournament Structure. Please go to the following link to review the tournament structure and points system for the Service.
    4. 3.4. Points. Points are used as required for the purpose of tournament entry. Upon enrolling as a registered Member of SpadeClub in accordance with these Terms and Conditions, Basic Members are awarded one hundred (100) points, and Premium Members and those Members enrolling though mail-in entry forms (see Section 3.6) are awarded two-thousand (2,000) points. Additional points can be earned through a participant's performance during tournament play as set forth in the tournament structure and points system for the Service. In addition to being earned based on a participant's performance during tournament play, points can be acquired through the following point re-loading processes:
      1. Basic Members. At 12:00 a.m. ET each day, every Basic Member with less than one hundred (100) points will be re-loaded to one hundred (100) points. Moreover, one and only one time between 12:00 a.m. ET and 11:59 p.m. ET each day, any Basic Member with less than one hundred (100) points will have the option to manually re-load and add one hundred (100) points to his or her point total. For information on how to manually reload points, go here. Finally, Basic Members may have the option from time to time to earn additional points by participating in specially designated free activities, including, but not limited to, filling out surveys, etc. The identification and scheduling of any opportunities to earn additional points through participation in activities, the number of points to be earned for participation in each activity, as well as when the points will be awarded following participation, will be determined at the sole and unfettered discretion of SpadeClub.
      2. Premium Members. At 12:00 a.m. ET each day, every Premium Member with less than one thousand (1,000) points will be reloaded to one thousand (1,000) points. Moreover, one and only one time between 12:00 a.m. ET and 11:59 p.m. ET each day, any Premium Member with less than one thousand (1,000) points will have the option to manually re-load and add five-hundred (500) points to his or her point total. For information on how to manually reload points, go here.
    5. 3.5. Winner Notification and Verification.
      1. Notification. Winners of tournaments with cash prizes will be notified by email, and their Account will reflect the prize that they won. SpadeClub is not responsible for late, lost, or misdirected email notifications.
      2. Verification. Winners will be required to agree in writing to an Affidavit of Eligibility and to provide their full name, address, city, state, postal code, Social Security Number (or other acceptable tax identification number) and date of birth (you must be 18 on the date in which you played a tournament), and, where lawful, a Liability and Publicity Release within seven (7) days of notification, or winner's prize may be forfeited. In order to be declared a winner, Canadian residents may be required to correctly answer a time-limited skill-testing question.
      3. Additional People Not Eligible. The following people are ineligible to receive any prize offered through the Service: employees, officers, and directors (and their immediate family members) of SpadeClub, and any other person with access to non-public information regarding the operation of any tournament offered on SpadeClub. "Immediate family members" are parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director. This section does not prevent employees, officers, or directors that work directly for SpadeClub from playing on SpadeClub so long as such play does not result in receipt of any prizes. For example, there may be promotions such as "Bust a Shulman," in which Barry, Allyn, or Jeff Shulman participate in tournaments and the player that knocks them out will receive any prize money for the place in which the Shulman was knocked out.
    6. 3.6. No Purchase Necessary. Mail-In Entry. There is no entry fee requirement to participate in any SpadeClub tournament, including Premium Tournaments. The following is an alternative means of entry for obtaining access to Premium Tournaments.
      1. Register and Download Software. Register at SpadeClub.com as a Basic Member (no purchase is necessary), download, and install the SpadeClub poker software.
      2. Mail-in Entry Requirements. For each thirty (30) day period that you would like to participate in Premium Tournaments, send a 3" x 5" card placed in a #10 envelope to SpadeClub.com, ATTN: Account Validation, 1027 South Rainbow Blvd., #282, Las Vegas, NV 89145, with the following hand-written information:
        1. SpadeClub Screen Name;
        2. Email Address associated with SpadeClub Account;
        3. First and Last Name;
        4. Mailing Address (Street, City, State, ZIP Code and Country)
        5. Date of Birth; and
        6. Specify the thirty (30) day period that you would like to participate in Premium Tournaments.

          All Mail-in Entries must be postmarked at least ten (10) days and no more than twenty (20) days from the requested start date, and may not fall within a thirty (30) day period in which you are already eligible to participate in Premium Tournaments via a previous Mail-in Entry.

          No more than one (1) Mail-in entry during the twenty (20) day period from the date of postage will be accepted; and you may not send more than 1 entry in a single envelope.

          Each 3" x 5" card must be an original. No copies, reproductions or facsimiles will be accepted. SpadeClub will not be responsible for late, lost, stolen, misdirected, illegible, incomplete or postage-due.

          You may not be a resident of an Excluded State. ANY MAIL-IN ENTRY THAT FAILS TO COMPLY WITH THESE REQUIREMENTS WILL NOT BE ACCEPTED, AND WILL BE DESTROYED WITHOUT ANY FURTHER DUTY OR OBLIGATION TO YOU OF ANY TYPE OR NATURE WHATSOEVER
      3. Mail-in Entry Status. To check the status of mail-in entries, log in at SpadeClub.com and view Membership Information under the Account Management section.
      4. SpadeClub Points and Tokens. Mail-in entrants will receive tournaments points and tokens in the same manner as Premium Members. Mail-in entrants will have their accounts returned to Basic Account status after their mail-in entry time runs out.
      5. The odds of winning available prizes will be the same for mail-in entrants as online entrants.
    7. 3.7. Prizes
      1. Claiming Prizes. SpadeClub will remit payment for Prizes after a Winner requests to cash-out his/her prizes and SpadeClub has received the winner's completed Affidavit of Eligibility and, where applicable, the Liability and Publicity Release. You must have at least $5 in real money before cashing out. If you are purchasing membership time, you are required to complete the cashout and verification processes, and any remaining balance may be cashed out by the method of your choosing or left in your SpadeClub account.
      2. Verification. In order to claim your prize, you must be a verified member. To become a verified member, you must provide SpadeClub with specific eligibility information. As long as you do not change your personal information (name or address changes), this will be a one-time process. You can validate your account identity at any time; you do not need wait to win a prize to complete the validation process.

        Validation requirements consist of Proof of Identity, Proof of Residency and Proof of Age. You must also validate that you are playing from a legal location – please see Section 3.2 for a list of Excluded States. All three of these requirements must be fulfilled in order to validate your account and claim your prize.

        The following forms of ID are accepted:

        - Valid US Drivers License
        - Valid US State Identification Card
        - Valid US Military ID
        - Valid US or Foreign Passport

        To submit, scan and email your ID and Affidavit of Eligibility to cashier@spadeclub.com or mail a copy of the ID to the following address:

        SpadeClub.com
        ATTN: Account Validation
        1027 South Rainbow Blvd. #282
        Las Vegas, NV 89145

        You may also fax the information to 1-800-503-6142. A full copy of the form of ID being submitted must be provided. Copies of IDs with any portion of the ID deleted or blacked out will not be accepted and will be considered noncompliant with the Terms and Conditions.

        You may use winnings to pay for a SpadeClub Premium Membership. Any funds claimed that a user wishes to apply to membership must be equal to or greater than that membership type cost.
      3. Withdrawal Methods. Players who are ready to cash out can select to via a check. SpadeClub will issue a check, sent to the player's verified mailing address.
      4. Taxes. In compliance with United States Internal Revenue Service regulations, any person who wins aggregate sweepstakes prizes of more than $600.00 (USD) in cash or non-cash prizes at SpadeClub in any given calendar year must complete an affidavit of eligibility that includes an IRS Form W-9. SpadeClub will send an IRS Form 1099 or other appropriate form to such person and the Internal Revenue Service reporting such winnings. If a person does not provide a signed W-9 by January 15 of the year following the year in which he or she won $600.00 or more, then such winner may forfeit their winnings, or SpadeClub may withhold a tax amount (up to 30%) per IRS regulations. Depending on the jurisdiction in which you reside, SpadeClub may also send you additional similar tax forms. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence. Non US residents will be subject to back-up withholding for federal income tax purposes at 30%. Winners will be required to provide such documentation as the Federal Income Tax Regulations require.
      5. Unclaimed Prizes will not be Awarded. Return of any prize or prize notification as undeliverable may result in voiding of the prize. If a Prize is not claimed, or if the winner is ineligible or does not provide eligibility verification, then the prize will not be awarded. All winners are presumed to be ineligible until they are verified. Prizes not claimed with a verified winner within ninety days of the date of winning may be deemed to have been won by an ineligible player and the prize voided.
      6. Chances of Winning. The chances of winning a prize will depend on the number of entries in the particular tournament.
      7. List of Winners. A list of winners is available upon request to SpadeClub.
    8. 3.8. Tournament Operation and Fair Play.
      1. Game Play. The Service tournaments are governed by the rules of No-Limit Texas Hold'Em Tournaments.
      2. Fair Play. Your play in each tournament is governed by the following standards of conduct. If you break any standard, then you will be disqualified from the tournament, and your Account may be suspended or terminated.
        1. No Automated or Programmed Participation. Any attempt to participate in any tournament at SpadeClub by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the tournaments, may result in active pursuit of civil litigation and/or criminal prosecution, termination of your Account, and forfeiture of all prizes to which you might otherwise be entitled.
        2. No Software Modifications. You may not attempt to modify, decompile, reverse-engineer or disassemble the SpadeClub Software in any way.
        3. No Collusion. Collusion between players by sharing hole cards or by any other methods is strictly forbidden. Because collusion is a violation of this Agreement, SpadeClub may suspend or terminate your Account if you engage, or attempt to engage, in collusion, notwithstanding the effect of such an attempt. SpadeClub may, in addition to other measures, restrict seating or prohibit players from playing at a particular poker table or in a tournament, including restricting two or more players from playing together at the same table or in the same tournament.
        4. No Chip-Dumping. Chip-dumping occurs when a player intentionally loses a hand for the purpose of deliberately transferring his chips to another player. SpadeClub may suspend or terminate your Account if you engage in chip-dumping.
        5. "Zombies" are Not Eligible to Win. If you are registered for a tournament, but do not log in during the first two levels (three levels in specific tournaments under SpadeClub's sole discretion) of that tournament (being a "Zombie"), you will be disqualified from the tournament. Players that are disqualified are not eligible to win a prize.
        6. Other. If SpadeClub determines that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using SpadeClub, including without limitation, engaging in any of the activities set forth above or any other game manipulation, SpadeClub may take such action as it sees fit, including immediately suspending, or terminating your Account, or taking legal action against you.
      3. Right to Cancel. If SpadeClub determines, in its sole discretion, that operating or concluding a tournament sweepstakes is not feasible for any reason, including without limitation, any of the reasons set forth in this section, then SpadeClub may cancel such tournament
        1. Technical Issues. If technical difficulties compromise the integrity or ability to continue registration or play, SpadeClub reserves the right to terminate the tournament.
        2. Computer, Internet, or Other Technology Failures or Errors. SpadeClub is not responsible for any error, omission, interruption, deletion, defect, or delay in operations or transmission; theft or destruction or unauthorized access or alterations to the Service, computer transmissions, or for technical telephone equipment, electronic, hardware or software, network, Internet, or computer malfunctions of any kind; or inaccurate transmission of, or failure to receive information by SpadeClub on account of technical problems or traffic congestion on the Internet.
        3. User's Technology. SpadeClub is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed software transmissions that may limit your ability to participate, or damage your system as a result of participation, or downloading any information necessary to participate in the tournaments. Minimum Players. SpadeClub reserves the right to terminate or cancel a tournament if such tournament does not have the minimum number of users registered to participate.
    9. 3.9. Rules Interpretation. This Agreement, the official rules, and enforcement of the standards of conduct, will be interpreted in SpadeClub's sole discretion, and all determinations made pursuant to these rules by SpadeClub are final and binding.
    10. 3.10. Limitation of Liability. SpadeClub is not responsible for: (i) any condition caused by events beyond their control that may cause the Service to be disrupted or corrupted; (ii) any printing or typographical errors in any materials associated with the Service or the entry process; (iii) any software or technical errors or bugs associated with the Service.
    11. 3.11. Release. Each participant agrees to release and hold SpadeClub, its parent, subsidiaries and affiliated companies, and the employees, officers, directors, shareholders, agents, representatives of SpadeClub its parent, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Service, the entry process, and claims based on publicity rights, defamation, or invasion of privacy.
  4. Refer-A-Friend Affiliate Program
    1. 4.1 Eligibility. To participate in the Refer-A-Friend Affiliate Program, you must be:
      1. 18 years of age or older, and
      2. A SpadeClub member with an account in good standing.

        The Refer-A-Friend Affiliate Program cannot be used in conjunction with any other SpadeClub offers or affiliate programs.
    2. 4.2 Rules/Valid Referral. As an incentive to assist SpadeClub in the recruitment of subscribers, all SpadeClub members may receive a one-time-only Refer-A-Friend Affiliate Program Payment for each Valid Referral. A Valid Referral occurs when:
      1. A "Valid Person" (as defined below) is referred to SpadeClub through SpadeClub's Refer-A-Friend Program, and
      2. That Valid Person subscribes to a Premium Member Account with SpadeClub, and
      3. That Premium Member Account is maintained for 90 consecutive days, on a non-trial basis, and is in good standing. Any cancellation, refund or chargeback may result in the consecutive day period being reset.
    3. 4.3 A "Valid Person" must:
      1. Be a new and unique customer to SpadeClub,
      2. Over the age of 18,
      3. In a valid state,
      4. Not be registered with SpadeClub under any other name or alias,
      5. Have submitted a valid email address,
      6. Have submitted their full legal First and Last Name,
      7. Have submitted a complete valid mailing address,
      8. Have accepted the SpadeClub Terms & Conditions and continues to play within the regulations of the Terms & Conditions as they may be modified,
      9. Have met all other qualifications to hold a SpadeClub Premium Member Account, and
      10. Have used a credit card that is not registered to more than two current SpadeClub members.

        SpadeClub reserves the right to determine at its sole discretion whether a customer is a "Valid Person".
    4. 4.4 Refer-A-Friend Affiliate Program Payment. Once a Valid Referral has occurred, SpadeClub will deposit Fifty Dollars (US$50.00) into the referring member's SpadeClub account. The Refer-A-Friend Affiliate Program Payment will not be considered a Prize under Section 3.7 of these Terms and Conditions.
    5. 4.5 Authorization. By entering a referral e-mail address, you hereby authorize SpadeClub to use your name to extend an invitation to the recipient of that e-mail address to join SpadeClub. You may refer as many friends as you would like. You may refer each friend only once.
    6. 4.6 Modification/Cancellation. We may modify any of the Refer-A-Friend Program Rules or cancel the Refer-A-Friend Affiliate Program, at any time and in our sole discretion, by posting a change or cancellation notice on our site. Modifications may include, for example, changes in the scope of available bonus, or eligibility requirements.
    7. 4.7 No Abuse/Collusion. Any abuse or collusion involving the Refer-A-Friend Affiliate Program may result in the cancellation of any Refer-A-Friend Affiliate Program Payments, as well as SpadeClub placing a permanent ban on any member account involved.
  5. Promotion and Special Event Rules. SpadeClub conducts many promotions and special events. Each promotion or special event is governed in general by these Terms and Conditions. In addition, each promotion or special event may have a unique set of Rules that dictates entry requirements, prizes, schedule, etc. Therefore, each promotion or special event is conducted in conjunction with these Terms and Conditions and its set of Rules together. It is each member's responsibility to review these Terms and Conditions from time to time, and to review each promotion or special event's set of Rules before participating.

    Please refer to the Rules link on the bottom of each promotion or special event page for details.

  6. Ownership and Intellectual Property Rights

    6.1. SpadeClub Owns the Service. You acknowledge that all information contained at SpadeClub may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by SpadeClub or its licensors. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except as permitted by law, such as under fair use. While we use reasonable efforts to include accurate and up-to-date information, SpadeClub makes no warranties or representations as to its accuracy. SpadeClub does not assume any liability or responsibility for any errors or omissions in the content of the Service.

    6.2. Feedback and User Communication. Any communication or material you transmit to SpadeClub by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by SpadeClub or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SpadeClub is free to use any ideas, concepts, know-how or techniques contained in any communication you send to SpadeClub for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

    6.3. Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Service are registered and unregistered Trademarks of SpadeClub or others. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of SpadeClub or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, or any other content on the Service, except as provided in this Agreement, is strictly prohibited. You are also advised that SpadeClub will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution or civil litigation where appropriate.


  7. Rules of Conduct for Chat, Message Board, and User-Provided Content (Avatars). The following rules of conduct apply to all user communications, chat, and user-provided content (avatars) functionality on SpadeClub. SpadeClub reserves the right to temporarily or permanently ban users and cancel the account of users who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas. SpadeClub may remove any posts or other content for any reason.

    7.1. Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words or to avoid automatic censoring functions of the Service, are not permitted.

    7.2. Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language or content of any kind will not be tolerated.

    7.3. You may not make statements that could unfairly influence the play of any tournament.

    7.4. You may not type words, characters or phrases that make it difficult for others to use the chat feature.

    7.5. Screen Names may not impersonate other player Screen Names.

    7.6. Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.

    7.7. No advertising or promotion of other companies, or links to third party sites is allowed.

    7.8. Do not share personal information (your name, phone number, home address, password) with others on the site.

    7.9. Do not use copyrighted materials (images or text) if you do not have permission of the owner of such materials.

    7.10. Information disclosed in the Service chat areas, message boards, or other features is revealed to the public. SpadeClub is not responsible for any information you choose to disclose to others.

    7.11. Any attempt to gain unauthorized access to the Service's systems or any Account, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

    7.12 SpadeClub may suspend or revoke any member's in-game chat or community communication privileges at any time.


  8. Limitation of Liability. YOU AGREE THAT SPADECLUB IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE. YOU FURTHER AGREE THAT SPADECLUB IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT SPADECLUB IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SERVICE.
    1. RIGHT TO CANCEL OR MODIFY TOURNAMENT SCHEDULE OR GAMES OFFERED. No warranty or representation is made that the prize pool will consist of a specific amount or number of tournaments or kind of tournaments. We reserve the right, in our sole discretion to modify the tournaments, kinds and types of games offered and the scheduling of all games and tournaments.

      If we, IN OUR SOLE DISCRETION determine that operating the tournament sweepstakes IN WHOLE OR IN PART is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in one or more of the tournament contests, then we may cancel OR MODIFY all or any of the tournaments and we shall owe you nothing. You understand and acknowledge that as a Premium member, you are receiving benefits of membership exclusive of the opportunity to participate in tournaments and that you may terminate your membership in accordance with the Terms and Conditions.
  9. Termination of Service. You agree that SpadeClub, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if SpadeClub believes that you have acted inconsistently with the letter or spirit of these Terms and Conditions. Further, you agree that SpadeClub shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
  10. No Warranty. ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.
  11. Third-Party Web Beacons: We use third-party web beacons from Google Analytics to help analyze where visitors go and what they do while visiting our website. Google Analytics may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Google Analytics, click here.