Everybody Plays Poker Guarantee


Integrity to our Players Comes First

Providing a safe and secure environment is essential to players enjoying their online poker experience. At Everybody Plays we are able to achieve this by ensuring cards are dealt randomly, taking the necessary steps to eliminate cheating as well as protecting your personal details in all communication. For full details on the processes we undertake to ensure the Integrity of Everybody Plays and our partners, please select any of the links to the left.

Random Number Generator / Shuffle

Creating a fair and quality gaming experience for our players is our highest priority at Everybody Plays. The solution chosen for RNG/Shuffling is critical to ensuring a fair game for all players. Consequently, Everybody Plays investigated many systems and algorithms before deciding on implementation of what we believe is a superior solution.

Everybody Plays’s RNG solution ensures the even distribution of cards whereby no sequence or relationship can be discovered in any way. The RNG solution is unaware of what’s going on in the game itself, so when the game requests a random card, the RNG has no idea of whose turn it is nor how the game is being played. We believe this is the ultimate impartial tool, better than the physical shuffling of cards.

Everybody Plays uses the cryptographically-secure RNG system found in Microsoft’s CryptoAPI. "Cryptographically secure" means that the RNG is so completely random that even a large amount of computer analysis cannot predict or detect patterns in the output, a fact that has been validated by the National Institute of Standards and Technology (NIST).

Microsoft CryptoAPI RNG

Microsoft’s CryptoAPI RNG complies with Federal Information Processing Standard 186-2 appendix 3.1, using SHA-1 as the G function. It has been validated by the NIST’s Cryptographic Module Validation Program. Details on this may be found at
http://www.microsoft.com/technet/archive/security/topics/issues/fipseval.mspx.

It is important to note that computers are deterministic machines, and as such, they cannot produce truly random numbers. For this reason one often refers to Pseudo Random Number Generators (PRNG). Pseudo implies that a PRNG does not produce truly random numbers, but numbers that are random enough for a specific practical use.

The validation of Microsoft’s CryptoAPI by the National Institute of Standards and Technology proves the PRNG system used is highly random and highly secure as it is a critical building block for the CryptoAPI. For more information on NIST processing standards and security validation, please visit:

If you require any further information about the fairness of our games or Everybody Plays’s RNG/Shuffling implementation, please contact us at support@everybodyplays.com.


Security

Collusion

Collusion is an unacceptable practice that undermines the integrity of the games. In order to combat collusion Everybody Plays employs numerous preventative security measures which include random security checks and log-file reviews. Our analysis includes automatic tracking of betting patterns related to the strength of a player's hand and referencing that against other player’s actions at the same table to determine if they may be working together. Sophisticated algorithms are employed to identify, track and uncover collusion help to ensure the integrity of our system and fairness at our tables.

Our Security Team will promptly and thoroughly investigate all complaints registered by players suspecting questionable practices or collusion. Any player found to be participating in collusion or deceptive practices will have their account immediately closed and will be permanently banned from our games.

Hackers

All communications between the client program running on your computer and the server in Curacao are encrypted using the accepted industry standard 256-bit TwoFish encryption algorithm. The unique cards dealt to each player are delivered exclusively to that particular player's computer thus maintaining privacy and integrity of play. Packet-sniffing by other players cannot be used to gain any advantage. Each player's cards are sent exclusively to that particular player's computer. None of the other computers know what your hidden cards are, thus preventing an opponent from hacking their client software to determine your cards.

Bots

The use of Artificial Intelligence or “bots” is strictly forbidden. Everybody Plays employs measures to prevent and detect the use of programs that are designed to enable artificial intelligence (non-human) play on the site. Players found to be using such programs will have their account closed immediately and they will be banned from playing at the site permanently.


Tracking Prevention

Everybody Plays does not support the use of tracking software (software used by players to track the play of others). We are proud to lead the way in preventing the effectiveness of software that unfairly gives players an advantage over others at the table.

In order to allow players to study their hands, Everybody Plays stores a Hand History text file for every player that can be reviewed later. Tools have emerged over the years to allow players to better understand their own play by loading these text files for analysis. For some players, these tools are useful to try and learn how to better their play. Everybody Plays welcomes players to study their own hand histories to better their own play, so long as they do not use tools during game play.

Recently, some tools have been created that can also be used to track and store the long term play of other players at the table. Not stopping there, some tools are actually sharing their tracked data with other tool users. This allows the good possibility that players who are unfairly using these tools will have statistics on players they’ve never played against before. These tools currently rely on a common factor: that poker sites will rarely allow players to change their nicknames, if at all.

Everybody Plays players will be granted the option of changing their Poker Nickname every 7 Days, feature coming soon.

By allowing players to change their Poker Nickname often, Everybody Plays thus negates the effectiveness of shared or prolonged poker data tracking.

It is important to point out that any Notes made on a player in the game will always remain linked to that player in Everybody Plays’s Note system. While we strive to make our poker game fair, we realize that players want to remind themselves about the habits or behaviors of other players. Much like playing in a casino and moving to a table to play against someone you met the previous day, Notes are there to remind you personally about the people you run across, even though their Poker Nickname may change.


Poker User Agreement

PLEASE READ THE FOLLOWING CAREFULLY. WE RECOMMEND YOU PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS AS THEY RELATE TO YOUR USE OF THE SITE. WE DO NOT FILE EACH INDIVIDUAL CONTRACT WITH USERS SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

NOTIFICATION OF THESE TERMS AND CONDITIONS CONSTITUTES THE MAKING OF AN OFFER. BY CLICKING ON THE “YES” OR “I AGREE” BUTTON, YOU ARE CERTIFYING THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MUST CLICK ON THE “NO” OR “DO NOT ACCEPT” BUTTON AND YOU WILL BE UNABLE TO ACCESS THE SOFTWARE AND THE GAMING SERVICES OFFERED IN CONJUNCTION THEREWITH.

This end user agreement (the “Agreement”) is a legal agreement among You (“You”) Everybody Plays and Domain Holdings  Limited, Suite 14, Watergardens 5, Gibraltar, respectively, and their affiliated corporations, successors and assigns (collectively referred to herein as “Everybody Plays POKER”). The software (the “Software”) and gaming services (the “Gaming Services”) are being are provided to You by Everybody Plays POKER on an “AS IS” basis, for Your personal use only.

Please note that the Software and Gaming Services are NOT FOR USE BY PERSONS UNDER 18 YEARS OF AGE. No one under the age of 18 years is permitted to wager or participate in the activities, games, Software and Gaming Services (also collectively referred to herein as the “Services”) at Everybody Plays, nor residents of Countries where the Services are prohibited. If it comes to Everybody Plays’s attention through reliable means that a registered user is a person under 18 years of age or is otherwise not permitted to use the Services, Everybody Plays will, among other recourses available to it, cancel that user’s account.

This Agreement shall apply to any use of the Services. In case of contradiction between a provision of this Agreement and any provision on the Everybody Plays Poker web site, the provision of this Agreement shall prevail. Unless otherwise indicated herein to the contrary, any reference made in this Agreement to Everybody Plays shall be deemed to have been made to Everybody Plays, and its affiliated corporations, successors and assigns.

These terms and conditions, together with the Everybody Plays Poker Tournaments section, How to Play section, all game rules, the Disconnection and Cancellation Policy, and any other additional rules, policies and terms on Everybody Plays that specifically relate to and govern any particular event, game, software or tournament constitute a legally binding agreement ('Agreement'). If this agreement is translated, the English language text shall prevail. Any other document provided in connection with this agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.

SOFTWARE

1. SOFTWARE LICENSE: Everybody Plays grants You a personal, non-exclusive, non-transferable license to use the Software, but retains all proprietary rights to the Software. All rights not specifically granted under this Agreement are reserved by Everybody Plays and, as applicable, Everybody Plays’s licensors. The Software is licensed for Your personal use only. Your license confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software.

2. OWNERSHIP OF SOFTWARE: All right, title and interest and intellectual property rights in the Software are owned by Everybody Plays or its licensors, and may be protected by applicable copyright or other intellectual property and gaming laws and treaties. All rights not expressly granted under this Agreement are reserved by Everybody Plays.

3. USE OF SOFTWARE: You may only use the Software in accordance with this Agreement. You may install the software or any other components of the Services on any additional personal computers. You may make back-up copies of the software provided that such use and backup copying is only for Your own personal use in accordance with this Agreement, and further, that such installation and use is made through a computer of which You are the primary user. You may only use one instance of the software on one computer at any time. You are not permitted to play at the same table or in the same tournament using multiple accounts from the same computer hardware and doing such will be a direct violation of this agreement.

4. SOFTWARE LIMITATIONS: The Software contains copyrighted materials, trade secrets and other proprietary material. You acknowledge that the Software in source code form remains a confidential trade secret of Everybody Plays. You may not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the Software. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the Software to any third party. Any assignment in violation of this Agreement is void.

5. CHANGES IN SOFTWARE FUNCTIONALITY: By accepting the terms of this Agreement, You agree that Everybody Plays is permitted to limit, deny, update or cancel some or all of the functionality of this Software at any time, without prior notice. You agree to bear the risks of and hold Everybody Plays harmless for any and all effects that a change in functionality may have on Your ability to use the Software. Everybody Plays may require, as a condition to Your continued access to Everybody Plays’s services, Your acceptance of Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.

TERMS OF SERVICE

6. ACCEPTANCE OF TERMS: Everybody Plays permits You to use or play its Services, subject to the terms of this Agreement. Please read them carefully. By clicking on the “Yes” or “I agree” button below, You are certifying that You agree to be bound by the terms of this Agreement. If You do not wish to be bound by these terms, You must click the “No” button, and You will be unable to access or use the Services. The terms of this Agreement may be changed or updated at any time by Everybody Plays, without any notice to You. Your continued access to, and use of, the Services will mean that You agree to be bound by the most current version of this Agreement. You can review the most current version of this Agreement at any time at TBA.

7. REGISTRATION: To use Everybody Plays’s Poker services, You must first open a an account at http://www.everybodyplays.com/join.php. You also agree to allow the Everybody Plays Poker software to take a digital fingerprint of Your computer for security reasons. The fingerprint comprises of a set of numbers including IP configuration which is stored along with Your account information. When opening a play money account at Everybody Plays Poker, You will be able to access the following: play money games, play money tournaments. With a real money account, You can access real money games and real money tournaments. It is strictly forbidden to have more than one active account at Everybody Plays Poker at any one time. Everybody Plays reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and Everybody Plays will not be liable for any such action.

8. PERSONAL USE OF GAMING SERVICES: You agree to keep Your account information secret and confidential and to not allow anyone else to use or have access to it. Any participation in the games is at Your sole choice, discretion and risk. By playing at Everybody Plays Poker, You agree that You do not find the Services or other aspects of Everybody Plays to be offensive, objectionable, unfair or indecent. You are only allowed to wager for Your own personal entertainment. Any commercial use of Everybody Plays is strictly forbidden. You agree that you are responsible for verifying and abiding by the laws governing gambling in the place where the Software is used.

9. ROBOTS, ARTIFICIAL INTELLIGENCE AND OTHER SYSTEMS: It is strictly forbidden to use any automated software or computer system to play at Everybody Plays, including the action of sending information from Your computer to another computer where such software or system is active. Poker-Robots or any software designed to play automatically at poker sites is not allowed. At any time while You are playing at Everybody Plays Poker, the Software may scan Your computer for any activity of such software and systems. Usage of such methods will result in the closing of Your account and be subject to confiscation of Your winnings and funds. Everybody Plays reserves the right to publicize information of any such documented abuse including Your personal information.

10. NO COMPANY EMPLOYEES: If You are an officer, director, employee, consultant or agent of the Company or one of its group companies, or suppliers or vendors, You are not permitted to register with Everybody Plays or to participate directly or indirectly in any of the Everybody Plays Gaming Services (each an “Unauthorized Person”). Similarly, relatives of Unauthorized Persons are not permitted to register with Everybody Plays or to participate directly or indirectly in any of the Services. For these purposes, the term '”relative” shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.

11. PLAY MONEY: Play money is not real (bona fide) money and is kept separate from real money. Play money does not constitute or represent any value whatsoever. Play money can only be used for playing at play money tables and cannot be collected, cashed out or in any other way be made into or transferred between Everybody Plays and You or any other person or legal entity.

12. REAL MONEY: To play with real money, You are required to transfer real money into Your Everybody Plays Poker account from your Everybody Plays account by the methods provided to You by Everybody Plays.. All real money will be paid, tracked, and maintained in United States Dollars, and will not bear any interest. All fees levied by payment processors are Your responsibility. Please keep the speed at which You play reasonably fast. If You are playing on more than one table and Everybody Plays receives too many complaints about Your speed of play, Everybody Plays may restrict the number of tables at which You are eligible to play. Everybody Plays is not responsible for any losses incurred due to accidental bets placed on Your behalf during a game or when playing at multiple tables due to tables switching locations onscreen. Please make sure You are playing at Your skill level when playing at Everybody Plays Poker.

13. CASH OUTS: In the cashier section of the Software, You will be able to monitor Your account balance which is the amount of real money You have available, plus or minus any accumulated winnings or losses from playing any of the games on the Service, less any amounts previously cashed out by You or amounts forfeited or reclaimed by Everybody Plays. Cash outs are only executed via the methods made available by Everybody Plays in the cashier section of the software.

14. SECURITY CHECKS, REVIEWS AND RELEASES: Everybody Plays reserves the right to verify Your identity and the fidelity of the information You have supplied by making various security and ID checks. If You fail or refuse on request to comply and sign a security request from Everybody Plays, Everybody Plays reserves the right to void Your account.

15. ABANDONMENT OF ACCOUNT BALANCE: Everybody Plays reserves the right to cancel and close Your Everybody Plays Poker account for any justifiable reason whatsoever at any time without notice to You. If You do not access Your Everybody Plays Poker account by "logging in" to Your account using Your E-mail and password for a period of three hundred and sixty five (365) days, Your account will be closed and the entire Account Balance and all promotional items including all of Your referral bonuses will be deemed abandoned and forfeited; provided however, that this requirement for login and entry is not and does not constitute any condition whatsoever for You to play any game, deposit funds or participate in any activity at Everybody Plays Poker other than logging in.

16. Everybody Plays Poker REFER-A-FRIEND PROGRAM: By accepting this agreement, You agree to allow Everybody Plays to reward You with bonuses of real money from the rake generated by other players that You have assisted in opening real money accounts. This assistance generally materializes when You distribute Your E-mail address to other players and solicit them to reference it when they create an account. Everybody Plays may, from time to time, offer other promotions or initiatives designed to assist You in being rewarded for introducing real money players to Everybody Plays Poker. Everybody Plays is not responsible for the failure of a referred player to correctly submit his/her E-mail address. Everybody Plays reserves the right to change rules, levels and limits of the Referral Program at its sole discretion.

17. GOLD CARD: By accepting this agreement, You agree to allow Everybody Plays to reward You with Gold Cards for Your real money ring game play. In the event that a prize(s) is announced for a Gold Card(s) that You possess at the time, it is Your responsibility to redeem the Gold Card(s) before the published time of expiration. No Gold Card(s) will be allowed to be redeemed for a prize once the prize time has expired. Your Gold Cards will not expire and will remain in Your account, so long as the account is not abandoned (see section 15).

18. OPERATION OF ACCOUNTS: During the term of Your Account, there may be circumstances which require changes to Your Account.

18.1 Sale or Transfer of Account: You have the right to sell Your Account provided that You complete a Sale/Transfer Application Form which will be provided to you upon Your request.

18.2 Succession: In the event of Your death or permanent incapacity, Everybody Plays requires a copy of the death certificate or a registered medical physician's statement and any other documents relating to administration or guardianship of Your estate as proof of Your successor's or guardian's (jointly referred to as "Beneficiaries") entitlement. In this event, any of Your income rights and/or the value of Your Account may be passed to Your Beneficiaries. Your Beneficiaries must submit a written application supported by the necessary documentation including a death certificate or registered medical physician's statement, for consideration by Everybody Plays. Approval of this application shall not be unreasonably withheld. Transfers will only be approved if the Beneficiaries agree to assume Your account responsibilities and obligations as outlined in these Terms & Conditions. If a Beneficiary is not permitted to hold an account, the Beneficiary will be entitled to transfer Your interest in the account to a third party who is entitled to hold a Everybody Plays Poker account.

18.3 Self Exclusion: Everybody Plays reserves the right to monitor Your account activities and notify You if Everybody Plays believes You may have gambling problems. However, Everybody Plays makes no warranties about its ability to identify and help You with gambling problems. You may request to be excluded from entering or using the Everybody Plays Services for various reasons and may do so at any time by sending a request to cashier@everybodyplays.com.

18.4 Suspensions and Termination of Account: Everybody Plays Poker reserves the right to terminate Your account at any time if You breach any of the Terms of Service; or provide any false or misleading information to Everybody Plays; or partake in fraudulent, inappropriate or offensive behaviour against Everybody Plays or any other Everybody Plays user; or are involved in an activity which may be deemed contrary to accepted standards of fair dealing, in breach of laws applicable in Your jurisdiction and/or contrary to the interests of Everybody Plays or injurious to Everybody Plays’s reputation. Such termination shall be made by Everybody Plays in its absolute discretion. In the event of Your termination, You agree

a. Your right to make any representations regarding Everybody Plays in any way whatsoever is immediately revoked;

b. Your right to use the Everybody Plays Services, Your User Account and Password are immediately revoked; c. You must destroy/delete all of Your copies of the Software.

d. Your right to any present or future entitlements You might otherwise have or have had arising from Everybody Plays or Your use of the Everybody Plays Services, as of the date of termination is revoked; and

e. All other rights under these Terms of Service are terminated.

Everybody Plays will endeavor to notify You of any minor breach of these Terms of Service of which Everybody Plays becomes aware and will afford You a reasonable time in which to rectify that breach and show cause why Your Account should not be terminated. You will be notified of Everybody Plays’s decision and the reasons for its decision by E-mail.

18.5 Other breaches of any parts of these Terms of Services may also result in forfeiture of any or all existing credits, holdings, prizes or winnings from gambling activities and any other entitlements You might otherwise have or have had arising from Your Everybody Plays account or Your use of the Everybody Plays Services. Everybody Plays also reserves the right to claim compensation for any loss resulting from non-compliance with any obligations contained in these Terms of Service.

19. DISCLOSURE TO THIRD PARTIES: You agree to keep Your account and related information secret and confidential and to not allow anyone else to use it. If You intentionally or unintentionally, directly or indirectly, disclose e-mail and/or password to another person, and such disclosure results in a third party participating in the Everybody Plays Service using Your e-mail and password, such participation will be invalid, and You will not be refunded any resulting losses at Everybody Plays, regardless of whether or not the third party had Your consent or not. The company shall not be required to maintain e-mail or passwords if You misplace, forget or lose this data or are otherwise unable to enter Everybody Plays because of anything other than the company's error.

20. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Everybody Plays, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable attorney's fees), arising from or asserted by any third party relating in any way to (a) Your use of the Everybody Plays Services, or any other product, service or promotion offered to You buy Everybody Plays; (b) any claim of infringement of third party intellectual property rights; (c) uploading, posting, emailing, reproducing, transmitting or otherwise distributing any Content or other materials by You; or (d) the breach of any of these Terms of Service by You or any users of Your account with Everybody Plays. Everybody Plays reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, which shall not excuse Your indemnity obligations.

21. ABUSIVE OR OFFENSIVE LANGUAGE Abusive or offensive language will not be tolerated in the Everybody Plays Service or with the Everybody Plays staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by Everybody Plays to ensure compliance. You are not permitted to discuss the play of the current hand in the chat dialog and all chat must be in English. Failure to follow these rules may result in the loss of Your chat privileges.

22. DISCLOSURE OF FRAUDULENT ACTIVITIES: If, at Everybody Plays‘s sole determination, You are found to have cheated or attempted to defraud the Everybody Plays Service or any of it associates, partners or companies in any way including but not limited to game manipulation, payment or bonus fraud, or if You make untrue and/or malicious comments with regard to the company's operation in any media or forum, the company reserves the right to publicize Your actions along with Your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, the company may close any accounts, and forfeit account balances, that You have at Everybody Plays or at any other Everybody Plays related website and/or business.

23. SETTLEMENT OF DISPUTES: You fully accept and agree that the random number generator ("RNG") will determine the outcome of the games or other promotions that utilize the “RNG”. Further, in the event of a discrepancy between the result showing on the software and the gaming server, the result showing on the gaming server shall be the official and governing result of the game. Moreover, You understand and agree that the Everybody Plays records shall be the final authority in determining the terms of Your participation in the Everybody Plays Gaming Service, the activity resulting from there and the circumstances in which they occurred.

24. NOTICES: If You have any dispute with regard to any outcome in the games or other activity at Everybody Plays, You must submit Your complaint to Everybody Plays in writing within fourteen (14) days of the incident by E-mail to cashier@everybodyplays.com.

25. COPYRIGHT AND TRADEMARKS: “EverybodyPlays.com”, the “Everybody Plays Poker logo”, other Everybody Plays.com logos, custom graphics and button icons are trade names, service marks or trademarks of Domain Holdings Ltd, or its affiliates (the “Everybody Plays.com Marks”). All other trademarks, trade names and service marks on the Site are the property of their respective owners (the “Other Marks”). Without Everybody Plays' prior permission or the prior permission of the owners of the Other Marks, You agree not to display or use in any manner, the Everybody Plays Marks or the Other Marks.

26. TAXES: You are solely responsible for reporting and paying any taxes as required by the governing law of your country of residence.

27. GAME RULES AND RAKE STRUCTURE: You can view Everybody Plays Poker game rules at TBA and can view Everybody Plays’s rake structure at TBA. Everybody Plays reserves the right to change or update the game rules and rake structure at any time, without any notice to You.

28. TERMINATION. This Agreement is effective upon Your first use of the Software and shall continue until revoked by Everybody Plays, until You breach any term hereof, or until You discontinue Your use of Everybody Plays’s Services. This Agreement will terminate immediately if You fail to comply with any provision of this Agreement.

29. DISCLAIMER OF WARRANTIES:

(A) YOUR USE OF THE Everybody Plays POKER SERVICES IS AT YOUR OWN RISK. Everybody Plays IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Domain Holdings Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND AGENTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, ITS CONTENT, AND ANY INFORMATION OR OTHER MATERIALS PROVIDED BY Everybody Plays IN CONNECTION WITH USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

(B) Everybody Plays MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE; OR (iii) THE SERVERS THAT MAKE Everybody Plays’S SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED.

(C) THE SECURITY MECHANISMS INCORPORATED INTO THE SERVICES HAVE INHERENT LIMITATIONS AND YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF Everybody Plays SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACTIVITY.

(D) THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.

(E) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

30. LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL Domain Holdings Ltd, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, USE, DATA, GOODWILL OR OTHER INTANGIBLES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH:

(A) YOUR USE OR INABILITY TO USE THE SERVICES;

(B) GOODS, DATA, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE Everybody Plays SITE;

(C) INFORMATION RECEIVED THROUGH THE Everybody Plays SITE;

(D) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, DAMAGES TO COMPUTER SYSTEMS OR EQUIPMENT OR OTHER PROPERTY, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Everybody Plays’S RECORDS, PROGRAMS OR SERVICES;

(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Everybody Plays SERVICE; OR

(F) ANY OTHER MATTER RELATING TO THE Everybody Plays SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE CONTENT AVAILABLE THEREON, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR ONLY REMEDY IS TO DISCONTINUE USING THIS SERVICES. THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.

Notwithstanding the foregoing, if Domain Holdings Limited Ltd, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors should be found liable for any loss or damage which arises out of or is in any way connected to the Everybody Plays Site, the liability of Domain Holdings Limited Ltd, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors shall in no event exceed, in the aggregate, U.S. $50.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

31. LOSS OR CORRUPTION OF DATA AND DAMAGE TO COMPUTER EQUIPMENT: Everybody Plays shall not be responsible or liable for any loss or corruption of data or Content that You may experience while using the Service or otherwise. This includes, without limitation, the loss or corruption of data or Content resulting from a) network, system, or server "crashes" or outages, or other power outages; c) damage caused by viruses, worms, or security breaches, file corruption; and d) any other cause. Everybody Plays assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer equipment or other property on account of Your access to, or use of, Everybody Plays’s Services.

32. MISCELLANEOUS:

a) These Terms of Service constitute the entire agreement between You and Everybody Plays and govern Your use of the Site, superceding any prior agreements, if any, between You and Everybody Plays, including, without limitation, any prior versions of these Terms of Service.

b) You agree that no joint venture, partnership, employment, or agency relationship exists between You and Everybody Plays as a result of the Terms of Service or use of the Site.

c) The failure of Everybody Plays to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver or relinquishment of such right or provision, or any other right or provision.

d) If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect.

33. VIOLATIONS. Please report any violations of the Terms of Service to cashier@everybodyplays.com.

THIS AGREEMENT WAS LAST UPDATED ON April 10, 2007.


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