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Terms of Service

Last Revised June 27, 2023

PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PRIVACY POLICY LOCATED AT https://www.worldpokertour.com/privacy-policy CAREFULLY BEFORE USING THE “SITE” OR ANY OF THE “FORUMS” (AS SUCH TERMS ARE DEFINED BELOW). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW.

This “Site” (as defined below) is owned and operated by WPT Enterprises, Inc. on its own behalf or in combination with one of its corporate subsidiaries, affiliates, divisions or joint ventures (collectively referred to herein, solely for ease of reference, as “WPT”, “us” or “we”). These terms of service (the “Terms of Service” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.worldpokertour.com and any other online and mobile websites, blogs and mobile applications operated by WPT (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control your access to and use thereof). Your use of this Site constitutes and confirms your unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Site. Before using the Site, please review the related WPT Privacy Policy (the “Privacy Policy”), which is available at https://www.worldpokertour.com/privacy-policy and is incorporated herein by this reference.

PART ONE

Eligibility

The Site is intended solely for users eighteen (18) years of age and older. You represent and warrant that you are eighteen (18) years of age or older. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.

Registration

Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account (your “Account”), we reserve the right to change, remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and mobile device so that others may not use your Account to access any password protected portion of the Site. You accept responsibility for all activities that occur under your Account, email or password.

Limited License to the Site

WPT grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms of Service. You shall not interfere (or permit the use of your membership or access to the Site by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

Changes to Site and/or Terms of Service

WPT reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms of Service, in whole or in part, at any time without further notice. For changes to these Terms of Service that we deem material, we will place a notice on http://www.worldpokertour.com by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion. If you access or use the Site in any way after the Terms of Service have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Service will be available on http://www.worldpokertour.com and will supersede all previous versions of these Terms of Service.

Trademarks, Copyrights & Restrictions

The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site (other than and except for “User Content” as defined herein) are owned by or licensed by WPT or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.

Except as expressly permitted in writing by WPT, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of WPT or such third party that may own the Material or intellectual property displayed on the Site.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.

Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that WPT will aggressively enforce its rights to the fullest extent of the law. WPT may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

Software

From time to time, and in its sole discretion, WPT may make available to users certain software that may be accessible or downloaded from this Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by WPT or a WPT-approved third party software provider (“Third Party Provider”). WPT does not transfer title to the Software to you. WPT retains full and complete title to the Software, and all intellectual property rights therein. For purposes of these Terms of Service, such Software shall be included in the definition of “Material”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

You agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or any digital rights management or other content protection, copy control, or access control measure associated with the Site, including geo-filtering mechanisms.

Unsolicited Submissions

WPT is pleased to hear from its visitors and welcomes your comments regarding WPT products and services. WPT’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by WPT’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, WPT may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of WPT, and WPT shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by WPT without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit or compensation for the material or ideas. WPT shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. Submissions to the Site and/or WPT will not be acknowledged or returned. You agree and understand that WPT is not obligated to use any Submission you make to the Site or WPT and you have no right to compel such use. You hereby acknowledge and agree that your relationship with WPT is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to WPT does not place WPT in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that WPT has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by WPT’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of WPT’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of WPT’s actual or alleged exploitation or use of any material you submit to the Site and/or WPT, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any WPT television show, platform, product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this Paragraph.

Linked Sites

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Forums and Public Communications

As a convenience to its visitors, WPT may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging service and other interactive areas as part of the Site (collectively, the “Forums”). The Forums are subject to these Terms of Service, the “Community Guidelines” (as defined below), the Privacy Policy, and other rules that may be published from time to time by WPT in its sole discretion. Information disclosed in the Forums is revealed to the public by design. The individual who posts messages, content or other information in the Forums (collectively, “User Content”) is responsible for the reliability, accuracy, and truthfulness of such User Content. Information disclosed in the Forums is revealed to the public by design. WPT has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable.

WPT specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.

WPT does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. In no event does WPT assume any obligation to monitor the Forums or remove any specific material. But WPT reserves the right (as opposed to the obligation) to delete, move or edit User Content, in whole or in part for any reason or no reason at all, as determined by WPT in its sole discretion. In addition, WPT may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of WPT or to protect the safety of our users or the public.

You understand that uploading and/or posting User Content on any Forum shall not be subject to any obligation of confidence on the part of WPT, and WPT shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting WPT’s other rights and remedies, individuals who violate the Community Guidelines may, at WPT’s sole discretion, be banned from using the Forums and/or the Site entirely.

Registration and Acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to comply with these Terms of Service and the Community Guidelines. Users who violate these Terms of Service, the Community Guidelines, or provide inaccurate or false information may, at WPT’s sole discretion, be permanently banned from using any Forum or the Site.

ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE FOLLOWING GUIDELINES (THE “COMMUNITY GUIDELINES”) FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM.

Community Guidelines

You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in WPT terminating or suspending your access to a Forum. You agree not to do any of the following actions while using the Site or any Forum:

1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;

2. Transmit any User Content in any Forum that WPT considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;

3. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a WPT official, chat or message board leader, guide or host, or make false or misleading statements;

4. Disrupt the normal flow of dialogue in a WPT chat room or otherwise act in a manner that negatively affects other participants;

5. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;

6. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or any Forum;

7. Invade the privacy or violate any personal or proprietary right of any person or entity;

8. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;

9. Use the Site in any manner that could damage, impair, disable, overburden or harm the Site or circumvent the intended functionality of the Site;

10. Collect information identifying users of the Site by electronic or other means without authorization from the person(s) affected;

11. Upload, post, transmit, send, share, store, distribute or otherwise make available on the Site any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and/or

12. Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

By posting or uploading Content to the Site, any Forum or submitting any other User Content to WPT, you automatically grant (or warrant that the owner of such rights has expressly granted) WPT a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site complies with each of the foregoing Community Guidelines.

User Disputes

You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Promotions

From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

Non-United States Residents

WPT operates the Site in the United States from its offices within the State of California. WPT makes no representation that the Site or Material, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Jurisdictional Issues

Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. With respect to shipments of merchandise, wherever you may reside, title to the merchandise and risk of loss shall pass to you upon delivery of the merchandise to the common carrier.

Termination

You understand and agree that WPT may, in its sole discretion and at any time, terminate your use of the Site or any Forum and discard and remove any User Content posted or submitted by you to any Forum, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that WPT may take any one or more of these actions without prior notice to you. Should WPT take any of these actions, it may, in its sole discretion, immediately delete any or all submitted User Content. You understand and agree that WPT shall not have any liability to you or any other person for any termination of your access to any Forum and/or the Site or deletion of User Content. WPT will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of WPT. Upon termination of your membership or access to the Site, or upon demand by WPT, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. If we disable your Account, you agree that you will not create another account without our permission.

Disclaimer

WPT makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. WPT assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. WPT is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials on, through or from the Internet and/or the Site.

THE SITE, THE MATERIAL, THE FORUMS AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WPT DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MATERIAL, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS, FORUMS AND SOFTWARE DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. WPT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WPT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Limitation of Liability

YOU AGREE THAT WPT AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL, THE FORUMS OR THE SOFTWARE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, HUMAN ERROR, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WPT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WPT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

WPT makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by WPT. Views and opinions of users of the Site do not necessarily state or reflect those of WPT. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.

The Internet may be subject to breaches of security. WPT is not responsible for any resulting damage to any user’s computer caused in whole or in part by any such security breach or by any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.

Linking Policy

If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of WPT. The link to this Site must not damage, dilute or tarnish the goodwill associated with any WPT names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with WPT. You may not “frame” the Site or alter its intellectual property or Material in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by WPT in its sole discretion. WPT reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that WPT deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms of Service.

WPT is not responsible for the content or performance of any portion of the Internet to which this Site may be linked or from which this Site may be accessed.

Copyright Notice

If you believe that any Material appearing on the Site or any User Content appearing in any Forum has been copied or used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
WPT Enterprises, Inc.
17877 Von Karman Avenue, Suite 300
Irvine, CA 92614
Attn.: Legal Affairs/DMCA Notices
email: [email protected]

By registering a Copyright Agent and putting this notification process in place, WPT seeks to preserve any and all exemptions from liability that may be available under the Digital Millennium Copyright Act or otherwise.

Indemnification

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR WPT’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN WPT’S DEFENSE OF ANY CLAIM. WPT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF WPT.

Time Limitation for Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SITE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN SUCH ONE (1) YEAR PERIOD, YOU AND WPT ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

Arbitration/Miscellaneous

These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Service may not be amended, nor any obligation waived, without WPT’s written authorization. Any failure to enforce any provision of these Terms of Service shall not constitute a waiver thereof or of any other provision thereof.

You acknowledge that any breach of this agreement would cause WPT irreparable injury, such that WPT would have no adequate remedy at law. You agree that in the event of such breach, WPT shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.

These Terms of Service shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

By accessing or using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of WPT and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “WPT Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS (or if JAMS is unable or unwilling to administer such arbitration, by another arbitration provider selected by WPT) and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable WPT Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or any WPT Entity. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WPT will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor WPT shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at
www.jamsadr.com.

PART TWO

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU USE OR OTHERWISE ACCESS THE “WPT OTT SERVICE” (AS DEFINED BELOW), WHICH IS OTHERWISE PART OF AND INCLUDED IN THE DEFINITION OF “SITE” FOR PURPOSES OF THESE TERMS OF SERVICE.

1. Description of the WPT OTT Service and Acceptance of Terms
The WPT over-the-top content streaming service (the “WPT OTT Service”) is currently named “WatchWPT”. The WPT OTT Service is an online video service that gives users the opportunity to view film, television and digital media programs and other content (collectively, the “Content”). The Content constitutes “Material”, as defined in Part One of these Terms of Service, but such Content is also specifically and independently subject to the terms of this Part Two. The WPT OTT Service, the Content, the media player that is used to view the Content (the “Video Player”) and any other features, tools or other materials offered from time to time by WPT on the WPT OTT Service that is available on or through a variety of “Access Points” (defined below) are all a part of, and are collectively referred to as, the “WPT OTT Service.” The term “Access Points” collectively refers to the distribution channels that can be used to access the WPT OTT Service, including the WPT website, mobile and smart TV applications and other places where the WPT OTT Service is made available.

Please read through this Part Two carefully. Your use of the WPT OTT Service (including access to the Content) is conditioned on your compliance with these Terms of Service and the terms and policies governing any Access Points. WPT may also use third-party service providers, such as Video Player licensors, payment processors, vendors, contractors, agents or others, to operate, develop or help manage and/or provide the WPT OTT Service. Your use of certain products offered by such third parties through the WPT OTT Service may require you to accept additional terms and conditions that apply to those products in addition to this Part Two. In the event of a conflict or inconsistency between those additional terms and these Terms of Service, those additional terms will prevail solely with respect to your use of that particular product.
Please note that the website addresses (i.e., URLs) included within this Part Two may not function as hyperlinks on all the Access Points. To view this Part Two with clickable hyperlinks, please visit the www.worldpokertour.com website.

Changes to this Part Two
We may need to make changes to this Part Two from time to time for many reasons. For example, we may need to reflect updates in how the WPT OTT Service works or changes in the law. You should look at this Part Two regularly. It is posted on the www.worldpokertour.com website. Any change to this Part Two will be effective automatically and immediately after the revised version has been posted. Your continued use of the WPT OTT Service after that constitutes your acceptance of and agreement to be bound by this Part Two as modified.
3. Access to and Use of the WPT OTT Service.
3.1 Personal Use Only. The WPT OTT Service is intended solely for your personal and non-commercial use.

3.2 Your License. THE WPT OTT SERVICE AND CONTENT ARE COPYRIGHTED AND ARE LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. WPT grants you a non-exclusive, limited, revocable, nonsublicensable, nontransferable license to use the WPT OTT Service and access and privately view the Content through the Video Player for personal, non-commercial purposes only as set forth in this Part Two. You shall not interfere or attempt to interfere with the operation or use of the WPT OTT Service by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means prohibited by our Terms of Service.

3.3 Your Access. WPT may change, suspend or discontinue the WPT OTT Service, in whole or in part, at any time. WPT may also impose limits on certain features and services offered on the WPT OTT Service. You acknowledge that from time to time the WPT OTT Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that WPT may undertake from time to time; or (iii) causes beyond the control of WPT or which are not reasonably foreseeable by WPT. Finally, WPT may, in its sole discretion, suspend, disable, restrict or terminate your access to all or any part of the WPT OTT Service at any time, with or without prior notice, for any reason or no reason at all, without liability. If we disable your access, you agree that you will not try to access the WPT OTT Service in other ways without our permission.

4. The Content.
4.1 Content Availability. The periods during which you can view each piece of Content will vary based on the rights available for such Content. WPT reserves the right to change the Content that is available on the WPT OTT Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Part Two, WPT reserves the right to change, suspend, remove, or disable access to any Content at any time without notice for any reason or no reason at all, and in no event will WPT be liable for any claims, costs, or damages caused by or arising out of such actions. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. Finally, WPT provides the WPT OTT Service in the United States of America. WPT does not represent that the Content or the WPT OTT Service is appropriate (or available) for use in other locations.

4.2 Content Subjectivity. Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit or objectionable. You agree to use the WPT OTT Service at your sole risk and that WPT shall have no liability to you for Content that may be found to be offensive, indecent, explicit or objectionable. Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and WPT does not guarantee that you will agree with them. You acknowledge and voluntarily accept these risks. Views and opinions of users of the WPT OTT Service also do not necessarily state or reflect those of WPT.

4.3 Content Quality. WPT uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, WPT is unable to make any warranties about the Content in these respects.

4.4 Content Controls. Except as explicitly and expressly permitted by the limited license set forth above, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the WPT OTT Service. You are also strictly prohibited from creating works that derive from or are based on the Content. This prohibition applies regardless of whether such derivative works are sold, bartered or given away. In addition, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained on the WPT OTT Service. Finally, you also understand that some of the Content that is available on the WPT OTT Service may be protected by security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or any digital rights management or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms.

4.5 Content Privacy. You acknowledge, consent and agree that when you access and interact with the WPT OTT Service, WPT and our service providers may collect certain information about those visits including the Content you have accessed and your viewing habits or preferences. We call this information “Usage Data”, and it includes information about your use of the WPT OTT Service and viewing habits, including but not limited to:

Details about the Content that you select, including the name of each Content selection and the date and time that you watch or listen to it;
Start and stop times of features and Content you use, including your use of Content viewing features of the WPT OTT Service, such as fast forward, pause or rewind;
If advertising or promotion is displayed, which advertisements or promotion you watch and whether you skip such advertisements or promotion if that functionality is enabled; and
Your viewing preferences, including your use of the video-on-demand features of the WPT OTT Service, the number and frequency of visitors to each web page and the length of their stays, browser type, device type, referrer data that identifies the web page visited prior and subsequent to visiting the WPT OTT Service, and IP addresses.

The Usage Data is used to analyze and improve the WPT OTT Service by enhancing the features and functionality of the WPT OTT Service and to provide you with a more fulfilling and relevant experience. This Usage Data could also be shared as set forth in the Privacy Policy or made public in a variety of ways. For example, if you are logged into the WPT OTT Service and watching a video, your user name or other information about you could publicly appear on the list of users who are viewing the video at any given time, or it could appear if you participate in any chat or other interactive features on the WPT OTT Service, or it and your video viewing activity could appear outside of the WPT OTT Service as a part of your social media accounts if you have a social media account and/or sign in to the WPT OTT Service using a social media plug in to log into your Account. In addition, you may choose to submit information during your use of the WPT OTT Service, such as watchlists, ratings and reviews that you decide to provide to us or post publicly. We call this “User Feedback”. We collect and maintain the Usage Data, User Feedback and other data to help us improve the WPT OTT Service, to provide each of our users with a fulfilling experience and also to fulfill certain obligations to our content providers and our device and Access Point partners. This Usage Data and User Feedback is governed our Privacy Policy, and to the extent a user must consent in a signed writing under any specific law to such information collection and sharing activity, you hereby give your informed written consent to the foregoing and also to sharing such Usage Data and User Feedback through the social media sharing features if you elect to use such features

5. Additional Disclaimer of Warranties
IN ADDITION TO, AND WITHOUT IN ANY WAY LIMITING THE GENERALITY OF, THE DISCLAIMERS OR LIMITATION OF LIABILITY SET FORTH IN PART ONE OF THESE TERMS, THE WPT OTT SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WPT DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WPT OTT SERVICE OR ANY CONTENT ON THE WPT OTT SERVICE OR THE CONTINUOUS AVAILABILITY OF THE WPT OTT SERVICE OR ANY CONTENT ON THE WPT OTT SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WPT EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WPT MAKES NO WARRANTY THAT YOUR USE OF THE WPT OTT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE WPT OTT SERVICE WILL BE CORRECTED, THAT THE WPT OTT SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE WPT OTT SERVICE OR ANY CONTENT ON THE WPT OTT SERVICE WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW UNDER NO CIRCUMSTANCES WILL WPT OR THE OTHER WPT PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE WPT OTT SERVICE, PROBLEMS OR TECHNICAL MALFUNCTIONS IN CONNECTION WITH USE OF THE WPT OTT SERVICE, ANY CONTENT TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE WPT OTT SERVICE, OR THE CONDUCT OF ANY USERS OF THE WPT OTT SERVICE.
6. Subscriptions and Billing.
You acknowledge that WPT reserves the right to charge a fee or offer a subscription to access the WPT OTT Service or any portion of the WPT OTT Service. The information below applies to consumers who subscribe to the WPT OTT Service.

6.1 Subscriptions.

6.2 Billing. By providing a credit card or other payment method for your subscription to the WPT OTT Service (“Payment Method”), you are expressly agreeing that we or an independent third-party selected by, but not affiliated with, us (the “Payment Service”) are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your subscription to the Payment Method. If you want to use a Payment Method that is different from the one you used during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your Account and viewing your subscription details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our Payment Service will attempt to verify the information you entered. The Payment Service will do this by processing an authorization hold, which is a standard practice. In some instances, this authorization may reduce your available balance or credit limit during the free trial period. If your Payment Method expires and you do not update your Payment Method information or duly cancel your subscription before it automatically renews, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If we are unable to obtain a valid Payment Method, we may, at our discretion, suspend and/or cancel your subscription and access to the WPT OTT Service without further notice.

As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and in connection with every automatic renewal thereafter, unless and until you duly cancel your subscription or the WPT OTT Service is discontinued.

Because the WPT OTT Service is offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day. The Payment Service will automatically bill your Payment Method on or about the same calendar day corresponding to your subscription cycle. For example, if you purchase a monthly subscription that begins on January 10, the Payment Service will bill your Payment Method January 10, February 10, March 10, and so on each month, unless and until you duly cancel your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial and continue monthly as set forth above. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” However, if your subscription commences on the 29th, 30th, or 31st in a given month, your Payment Method may be charged on the first day of the following month. For example, if you purchase your subscription on October 31, your Payment Method may be charged for the following month on November 1. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us or the Payment Service to charge your Payment Method for the corresponding amounts.

WPT reserves the right to change the terms of your the WPT OTT Service subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If WPT increases the subscription fee or other charges for your the WPT OTT Service subscription, we will give you advance notice of these increases and you will have the opportunity to cancel your subscription prior to incurring the new charges. However, we will not be able to notify you of increase or other changes in any applicable taxes.

Very rarely, if there are special circumstances where WPT determines it is appropriate (e.g., your access to the WPT OTT Services is unavailable for days due to technical difficulties on our end), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at WPT’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits or in the future under similar or different circumstances

6.3 Ongoing Subscription. Your subscription will continue in effect unless and until you duly cancel your subscription or the Account or WPT OTT Service is otherwise suspended or discontinued. You must cancel your subscription before your next payment date in order to avoid the next billing. The Payment Service will bill the renewal subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your Account information). If you duly cancel your subscription, cancellation will be effective at the end of the then-current Billing Period. This means that you will have continued access to your subscription for the remainder of that Billing Period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

6.4 How To Cancel Your Subscription.
IF YOU PURCHASED A SUBSCRIPTION TO THE WPT OTT SERVICE THROUGH WPT, YOU CAN CANCEL YOUR SUBSCRIPTION BY SIGNING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS PROVIDED. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION IF YOU NO LONGER WISH TO ACCESS THE WPT OTT SERVICE.
IF YOU PAY FOR THE WPT OTT SERVICE THROUGH YOUR ACCOUNT WITH A THIRD PARTY (E.G., DIGITAL DISTRIBUTION PLATFORMS; APPLE; GOOGLE) AND WANT TO CANCEL YOUR SUBSCRIPTION OR MANAGE YOUR BILLING, YOU NEED TO DO SO THROUGH YOUR ACCOUNT WITH SUCH THIRD PARTY. WPT WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR THE RETURN OF ANY AMOUNTS YOU PAID TO A THIRD PARTY IN CONNECTION WITH YOUR SUBSCRIPTION TO THE WPT OTT SERVICE.

6.5 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

6.6 Promotional Offers and Free Trials. If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, the Payment Service will begin billing your Payment Method for your subscription at the regular price unless you duly cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

On occasion, we may offer free trials to the WPT OTT Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. WPT reserves the right to determine eligibility for free trials.

Once your free trial period ends, your subscription will convert to a paid subscription, and the Payment Service will begin billing your Payment Method for your subscription fees (plus any applicable taxes), unless you duly cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you will be asked to set up a valid Payment Method when redeeming a free trial offer.

You will not receive a notice from WPT that your free trial to the WPT OTT Service has ended and that payment for your subscription is due, except as otherwise required by law. If you wish to avoid charges to your Payment Method, you must duly cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in this Part Two. The Payment Service will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you duly cancel or the Account or the WPT OTT Service is discontinued. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that WPT will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may become effective immediately.

6.7 Pay-Per-View Content. From time to time, and in its sole discretion, WPT may make certain Content available to rent or purchase on a title-by-title basis. We call this content “Pay-Per-View” Content. Pay-Per-View Content is treated the same as other Content in these Terms of Service. But Pay-Per-View Content is not included in your subscription. You will be charged for Pay-Per-View Content at the time of your purchase or rental. Your purchase may be subject to sales or use tax. As is the case with all Content, Pay-Per-View Content is licensed to you, not sold. WPT does not transfer title to the Pay-Per-View Content to you, even if you purchase it as opposed to rent it. WPT, or its licensor (as applicable), retains full and complete title to the Pay-Per-View Content and all intellectual property rights therein. Authorized Account holders who purchase access to the Pay-Per-View Content accept a limited, nonexclusive, non-sublicensable, non-transferable and revocable license to privately display the Pay-Per-View Content only for personal purposes and only as authorized in these Terms of Service. Some Pay-Per-View Content can only be viewed on one device at a time. There are also limits on how many different Pay-Per-View Content titles can be streamed concurrently on different devices. Some Pay-Per-View Content titles may not be accessible in every country. Unless otherwise stated at the time of purchase, Pay-Per-View Content rentals are viewable on a single device at a time, must be played within 30 days, and must once started must be completed within 48 hours of the start of play (stopping, pausing or restarting does not extend this period). Purchased Pay-Per-View Content will generally remain available for you to download, redownload, or otherwise access from the WPT OTT Service. After your purchase, however, Pay-Per-View Content may be removed from the WPT OTT Service and become unavailable for further download or access. To ensure your ability to continue enjoying Pay-Per-View Content you have purchased, we encourage you to download all purchased Pay-Per-View Content to a device in your possession and to back it up. You may be limited in the amount of Pay-Per-View Content you may download, and some downloaded Pay-Per-View Content may expire after a given amount of time after it has been downloaded or first played. Certain Pay-Per-view Content may not be available for download at all.

If any provision of these Terms of Service is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, and the balance of these Terms of Service shall remain in effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

For any questions, suggestions, or concerns related to these Terms of Service, please email us using the Contact page.