STARLIGHT MANOR TERMS OF USE

August 2008

BlueLeppard Entertainment (“BLE,” “us,” “we”) owns and operates StarlightManor.com (“Site”), which is a subscription based adult entertainment website that allows Members to create unique personal profiles online in order to find and communicate with other members, utilize Forums, Chat, Video-on-Demand (VoD), Picture Galleries, Arcade Games, Gambling/Casino, and Webcams (“Services”).  Starlightmanor.com is hosted in the United States.

BLE provides access and use of the Starlight Manor website at www.starlightmanor.com ("Site"), subject to your agreement to the following "Terms of Use" (the "Terms").  Please read these Terms carefully before accessing or using the Site.  By accessing or using the Site, you agree to be bound by these Terms. 

BLE RESERVES THE RIGHT TO ENFORCE PENALTIES TO A MEMBER VIOLATING THE TERMS OF USE OF THIS SITE AND COMPANY, TO PROTECT OUR CLIENTS, EMPLOYEES, AND FEATURED GUESTS FROM HARM IN ANY AND EVERY WAY.

MEMBERSHIP AGREEMENT

This membership agreement (the "Agreement") should be read by you (the "User,” “You,” or “Member”) in its entirety prior to your use of any Starlight Manor’s (SM) Services or products.  Please note that the Agreement constitutes a legally binding agreement between you and BLE.  In addition to the terms and conditions of this Agreement, please review our Privacy Policy and the other rules, policies and terms and conditions relating to the Services and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

 

General Terms

 

The content of the pages of the Site is for ENTERTAINMENT PURPOSES ONLY and is subject to change without notice.

 

PARTS OF THIS SITE AND COMMUNICATION SERVICES ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE.  THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE COMMUNICATION SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS.

 

BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:

"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT I AM AN ADULT, AT LEAST 18 YEARS OF AGE.  I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE COMMUNICATION SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE COMMUNICATION SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIALS.

 

Use of the Starlight Manor Services and registration to be a Member of Starlight Manor (“Membership”) is void where prohibited.  By using the Starlight Manor Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Starlight Manor Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Any action on Your part to Bookmark to a page on this Web Site whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years if age or of the age of majority under the laws of Your state, province or country.

MEMBER BEHAVIOR

BLE has a STRICT ZERO TOLERANCE POLICY.  You are solely responsible for your interactions with other Starlight Manor Members, BLE employees or featured guests.  However, BLE reserves the right, to become involved in any way with disputes between you and other Members.  Anyone found violating the Terms of any of the Starlight Manor Services:

First Infraction – Membership/Account will be frozen and access limited and or blocked for a period no less than 48 hours, without refund for that lost access due to your violation of the TOS of this site.  Membership/Account may be terminated at the sole discretion of BLE. 

Second Infraction - Membership/Account will be frozen and access blocked for a period no less than 96 hours, without refund for that lost access due to your violation of the TOS of this site.  Membership/Account may be terminated at the sole discretion of BLE.

Third Infraction – Membership/Account will be terminated without refund for lost access due to violation of the Terms of the Site.

BLE strives to bring you a complete, safe, and enjoyable adult entertainment experience, we will not tolerate any User, Member, Guest, Employee, or Featured Guest being subject to, nor promoting any activity or behavior that will impede the enjoyable experience of our Members or violates any of the terms contained herein. 

 Warranty

Neither BLE nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose.  All Services and materials are provided “AS IS.”  You acknowledge that such information and materials may contain inaccuracies or errors and BLE expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.

BLE reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by BLE in this regard.

Use

Your use of any information or materials on the Site is entirely at your own risk, for which BLE shall not be liable.  It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

This Site contains material which is owned by or licensed to BLE. This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Picture and Video-on-demand (VoD) gallery content is NOT owned nor was it produced by BLE.  BLE is not responsible for the content provided via third parties.  Ownership and Copyrights lie with their respective owners.     

All trademarks reproduced in this Site, which are not the property of, or licensed to the operator, are acknowledged on the Site.

Unauthorized use of this Site may give to a claim for damages and/or be a criminal offence.

From time to time this Site may also include links to other websites.  These links are provided for your convenience to provide further information. They do not signify that BLE endorses the website(s). BLE has no responsibility for the content of the linked website(s).

You may not create a link to this Site from another website or document without BLE’s prior written consent.

SM is for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by BLE.  BLE reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the SM Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SM website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.  BLE reserves the right to take appropriate legal action for any illegal or unauthorized use of the SM Services.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the SM Services or are a Member.  You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page.  BLE may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Even after Membership is terminated, this Agreement will remain in effect. 

Fees

You acknowledge that BLE’s membership rates are currently $29.99, per month and BLE reserves the right to charge for any portion of the BLE Services and to change its fees (if any) from time to time in its discretion.  You acknowledge your credit card will be charged the membership fee each month until Membership is cancelled or terminated by either party.  In no event shall you be entitled to a refund of any unused portion of fees or payments (if any).  

Refund & Cancellation Policy

You may cancel your membership at any time, however, your membership will expire at the end of the current paid monthly term and you will not be billed for subsequent months unless you reactivate your membership.  There are NO REFUNDS for any of the Services provided by BLE through SM.  In the event of an extended downtime, BLE will credit a reasonable amount of time to the membership as BLE’s sole discretion.     

Governing Law

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Delaware.  Each party irrevocably agrees that the relevant courts of Delaware shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. 

 

Passwords

 

When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify BLE immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

AMENDMENT

BLE reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.

SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

ASSIGNMENT

BLE reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

MISCELLANEOUS

No waiver by BLE of any breach of any provision of this Agreement (including the failure of BLE to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

 

MINGLING AT STARLIGHT MANOR (Profiles, Forums, Chat, Cams)

Please choose carefully the information you post on or through the SM Services and that you provide to other Members.  Your SM profile may not include any form of Prohibited Content, as outlined below. 

 Despite this prohibition, information, materials, products or services provided by other SM Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and BLE assumes no responsibility or liability for this material.  If you become aware of misuse of the SM Services by any person, please notify us immediately:  info@starlightmanor.com.

BLE reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the SM Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  BLE expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the SM Services if BLE determines, in its sole discretion, that you have violated this Agreement or pose a threat to SM and/or its Members.

Forums and Chat

Ignoring admin warnings or testing patience/boundaries

Any messages that, in BLE’s sole judgment, appear to violate the Forum Rules may be deleted without notice. We also reserve the right to remove any posting ability and limit or terminate access to anyone for any reason at any time without notice.

Do not post anything racist in nature, including pictures and comments

Excessive flaming (heated discussion is acceptable; personal attacks are not)

Please do not degrade or discourage others, by posting things such as "You are an 'idiot' or 'moron'", etc.

Excessive off topic posting

DO NOT create nonsense posts/threads with absolutely no redeeming value (SPAM) such as 'What color do you like best'? This includes posts obviously intended for post count, such as 'hello' or 'nt,' etc.

DO NOT create off topic threads or posts.

Troublemaking. Starting problems for the sake of stirring up waves will get you removed.

DO NOT create inflammatory posts obviously intended to start a fight or get a reaction. Malicious users or those that obviously signed up to ridicule others will get banned on the spot, without warning.

Porn/Nudity

DO NOT post links on the boards, in your signature or profile to pornographic/hentai sites or images.

DO NOT post, link or make available anything that could be considered obscene, indecent, lewd, sexually explicit, pornographic, violent, racist, abusive, insulting, threatening, harassing, in violation of the law or in violation of any of the other board rules.

Profiles or Avatars that contain nudity, sexually explicit materials or sexual acts are prohibited.

CD cracks, hacks, warez

Do not discuss or post links to sites that have roms, sites with illegal video or audio downloads, or anything that could potentially violate copyright laws.  If you think it's a questionable link, don't post it.

Do not ask for CD keys or help with mod chips.

Abuse to staff will not be tolerated under any circumstances. Admins/Mods are volunteers. They didn't volunteer to take your abuse.
On the flip side, if you feel you are being unfairly treated by a moderator please contact us: info@starlightmanor.com.

Advertising will result in deletions, locks, and bans.

DO NOT create advertisement threads/posts for off site things such as trading/selling DVDs or Games, clubs, websites, contests, etc.

DO NOT send unsolicited private messages to our members advertising things such as trading/selling DVDs or off site clubs, contests, etc.

Excessive profanity is discouraged.  The definition of excessive is at the discretion of the Mod team.

Posting profanity directed at forum members is a good way to get yourself quickly banned.

Please do not post scanned images of magazine pages.

If you're unsure about something, you probably shouldn't post it. You're always welcome to ask a mod before posting if you're unsure.

 

Cams

 

BLE claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. 

 

You are solely responsible for the content that you publish or display on Starlight manor or transmit to other Starlight Manor members via web cam. 

Profiles

BLE does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through your SM profile.  After posting your Content to the SM site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through SM, you hereby grant to BLE a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the SM Site, including without limitation distributing part or all of the SM Website in any media formats and through any media channels.  This limited license does not grant BLE the right to sell or otherwise distribute your Content outside of the SM site.  After you remove your Content from the SM site we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. 

The license you grant to BLE is non-exclusive (meaning you are free to license your Content to anyone else in addition to BLE), fully-paid and royalty-free (meaning that BLE is not required to pay you for the use on the Starlight Manor site of the Content that you post), sublicensable (so that BLE is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SM Services), and worldwide (because the Internet and the SM Services are global in reach).

You represent and warrant that: (i) you own the Content posted by you on or through the SM Services or otherwise have the right to grant the license set forth in this Section and (ii) the posting of your Content on or through the Starlight Manor site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the SM site.

The SM Services contain Content of BLE ("BLE Content").  BLE Content is protected by copyright, trademark, patent, trade secret and other laws, and BLE owns and retains all rights in the BLE Content and the SM Services.  BLE hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the BLE Content (excluding any software code) solely for your personal use in connection with viewing the SM Website and using the Starlight Manor Services.

The SM Services contain Content of Users and other BLE licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SM Services.

BLE performs technical functions necessary to offer the BLE Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Starlight Manor Services.

Member Posted Content

BLE may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of BLE violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  BLE assumes no responsibility for monitoring the BLE Services for inappropriate Content or conduct.  If at any time BLE chooses, in its sole discretion, to monitor the SM Services, BLE nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the SM Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Prohibited Content

The following are examples of the kind of Content that is illegal or prohibited to post on or through the SM Services.  BLE reserves the right to investigate and take appropriate legal action against anyone who, in BLE's sole discretion, violates this provision, including without limitation, removing the offending Content from the Starlight Manor Services and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BLE:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

·         harasses, hazes or advocates harassment of another person

·         exploits people in a sexual or violent manner

·         contains nudity, excessive violence, or offensive subject matter

·         solicits personal information from anyone under 21

·         publicly posts information that poses or creates a privacy or security risk to any person

·         constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

·         constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files

·         involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"

·         contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)

·         furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses

·         solicits passwords or personal identifying information for commercial ounlawful purposes from other Members

 ·         involves commercial activities and/or sales without prior written consent from BLE such as contests, sweepstakes, barter, advertising, or pyramid schemes

 ·         includes a photograph or video of another person that you have posted without that person's consent

 ·         uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile

 ·         violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

 

The following are examples of the kind of activity that is illegal or prohibited on the SM Website and through your use of the SManor Services.  BLE reserves the right to investigate and take appropriate legal action against anyone who, in BLE's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

·        criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets

·        advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Starlight Manor Services.  You may not transmit any chain letters or junk email to other Members.  In order to protect our Members from such advertising or solicitation, BLE reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BLE deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email or other unauthorized commercial communications of any kind through the SM Services, you acknowledge that you will have caused substantial harm to BLE, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay BLE $25.00 USD for each such unsolicited email or other unauthorized commercial communication you send through the Starlight Manor Services

 ·        circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the SM Services

·        activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network

·        covering or obscuring the banner advertisements on your personal profile page, or any SM page via HTML/CSS or any other means

·        any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages

·        interfering with, disrupting, or creating an undue burden on the SM Services or the networks or services connected to the SM Services

·        impersonating or attempting to impersonate another Member, person or entity

·        using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account

·        selling or otherwise transferring your profile

·        using any information obtained from the SM Services in order to harass, abuse, or harm another person or entity, or attempting to do the same

·        displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Starlight Manor Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose

·        using the SM Services in a manner inconsistent with any and all applicable laws and regulations.

 

STARLIGHT MANOR CASINO AND ARCADE

 

We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service.  We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.

 

BLE retains authority over the issuing, maintenance, and closing of Users' accounts at BLE.  The decision of BLE’s management regarding any aspect of a Member’s account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

 

REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

 

·         You acknowledge that there is a risk of losing money when using the Service and that BLE has no responsibility to you for any such loss.

 

·         You agree that your use of the Service is at your sole option, discretion and risk.

 

·         You agree that you are required to provide us with certain personal details about yourself (including details regarding your methods of payment) for the purpose of using the Service.  Our control of the information provided by you shall be subject to our Privacy Policy.

 

·         You are solely responsible for any applicable taxes which may be payable on winnings paid to you.

 

·         You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.

 PROHIBITED USES

The Service is intended solely for the Member's personal use. The Member is only allowed to wager for his/her personal entertainment.  Under no circumstances shall a Member be permitted to use his/her "real money account" with SM for any purpose other than for using the Service.  The Member must provide full and truthful information in respect of all details and information provided by the User to BLE and the User is obligated to update such details in the event of any change thereto.  A User may only have one account with SM and shall only use the Service using such single account.  Furthermore a User shall not permit another person to use the Service via his account.

Collusion between Users by sharing hole cards or by any other methods is strictly forbidden.  BLE reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament.  In addition, BLE reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly BLE shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA).  BLE prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players.  BLE defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services).  BLE defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.

AUTOMATIC PLAYERS (BOTS).  The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service.  All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.

You agree that BLE may take steps to detect and prevent the use of prohibited EPA Programs.  These steps may include, but are not limited to, examination of software programs running concurrently with the BLE’s Software on the User's computer.

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User.  Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately.  In such circumstances BLE will be under no obligation to refund to you any monies that may be in your SM account at such time.

FRAUDULENT BEHAVIOR.  In the event that BLE deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, BLE shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User's account with SM, seizing all monies held in the User's SM account, disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information, and/or taking legal action against such User.

OFFENSIVE LANGUAGE OR CONTENT.  The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with SM’s or BLE’s staff.

When using the chat option offered to Members via the Service, Users are prohibited from making any statements which promote any service or product of any party except Starlight Manor’s.  Further, Users shall not make statements about SM’s or the Service that are untrue or would reasonably be considered to be derogatory or critical.

BREACH

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, BLE reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with SM, seizing all monies held in the relevant SM account and/or taking legal action against such User.

You agree to fully indemnify, defend and hold harmless BLE and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

• your breach of this Agreement, in whole or in part

 

• violation by you of any law or any third party rights

 

• use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below) , whether or not with your authorization.

 

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE (OR MISUSE) OF THE SERVICE EVEN IF BLE HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

SECURITY AND YOUR ACCOUNT.

Each Member account shall be accessible through the use of a combination of a unique User ID ("User ID"), a unique and secret password ("Password").  The User ID and Password together are known as the "Login Credentials.”   The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto. 

The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever.

The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality.  Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use.  Any liability there from shall be that of the User.

Please note that monies held in your SM account do not accrue interest.

You will not be able to place any bets using the Service in an amount greater than the total amount of money in your SM account.

You are fully responsible for paying all monies owed to SM.  You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service.  You will reimburse BLE for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

BLE reserves the right to run credit and/or identity checks on a User, with third party credit agencies or services, using the information provided to us by a User on registration with the Service.

BLE reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

You acknowledge and agree that monies deposited by you in your Starlight Manor account are held in a trust account on your behalf.

DISPUTES

The User accepts that the historical data of each game shall be as recorded on the SM servers.  In the event of a discrepancy between the cards displayed on your computer and the game records on the SM’s server the latter shall prevail.