|1. ACCEPTANCE OF TERMS|
Welcome to Memir Games Ltd. Memir Games Ltd provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at: www.thepoolclub.com/terms.php In addition, when using particular
services, you and Memir Games Ltd shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS.
|2. 14-DAY MONEY BACK GUARANTEE|
For the first 14 days after purchasing a 1 Year or 6 Month Membership Code, Memir Games Ltd will fully refund you if you
are not satisfied with our service, providing the account created with the Membership Code is not banned. 1 Month Membership
codes may be refunded if unused at the discretion of Memir Games Ltd. A Refund may only be issued once per person.
|3. DESCRIPTION OF SERVICE|
Memir Games Ltd currently provides users with access to a rich collection of resources. You understand and agree that the
Service may include advertisements and that these advertisements are necessary for Memir Games Ltd to provide the Service.
You also understand and agree that the service may include certain communications from Memir Games Ltd, such as service
announcements, administrative messages and the Memir Games Ltd Newsletter, and that these communications are considered
part of Memir Games Ltd membership and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including the release of new Memir Games Ltd
properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS". You are responsible
for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
|4. YOUR REGISTRATION OBLIGATIONS|
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Memir Games Ltd has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Memir Games Ltd has the right to
suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our
|6. MEMBER ACCOUNT, PASSWORD AND SECURITY|
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Memir Games Ltd by emailing
email@example.com of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account at
the end of each session. Memir Games Ltd cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 6.
|7. MEMBER AND VISITOR CONDUCT|
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Memir Games Ltd,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Memir Games Ltd does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Memir Games Ltd be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
We provide the following Service; iPool game and forum. You agree to not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, sexual, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a
Memir Games Ltd
official, Admin or Moderator, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service.
- Upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party.
- Upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
- Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service.
- "stalk" or otherwise harass another.
- collect or store personal data about other users.
- Play in more than one Lobby simultaneously, which affects how the Rating
Points are updated.
- Play part of a prized event for another
user's account. Players who share accounts may do so in prized events only
if one person is playing on the account from start to finish.
- Play on your partner's account in a Doubles Tournament at anytime. This
will result in a week ban.
You also agree not to use another Internet services to;
Upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, tortuous, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable towards Memir Games Ltd or a service we provide.
You agree not to create or use a Trial Account if you or the computer you are using
currently or previously had a Trial or Registered account on iPool.
Should this happen, all accounts played from the computer will receive a
14 day ban.
Should you use the iPool Forum, You agree to the following Rules of
All Ban cases are dealt with via email to firstname.lastname@example.org. The
forum is NOT a place to be discussing or making protests about banned
player(s). Complaints about other players (including Moderators / Admin)
should be dealt with via email@example.com
email and not on the forum. Any posts found of this nature or that are
unsuitable for public viewing will be removed. You also agree that
a ban on the forum could result in the suspension of any iPool account(s)
you hold, blocked access to our Service or termination of your account(s)
you hold on the forum or iPool game without any refund.
You acknowledge that Memir Games Ltd may not pre-screen Content, but that
Memir Games Ltd and its
designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without
limiting the foregoing, Memir Games Ltd and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content
created by Memir Games Ltd or submitted to Memir Games Ltd, including without limitation
information in Memir Games Ltd Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Memir Games Ltd may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of Memir Games Ltd, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by Memir Games Ltd and/or content
providers who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.
|8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE|
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
You agree to indemnify and hold Memir Games Ltd, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
|10. NO RESALE OF SERVICE|
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your iPool I.D.),
use of the Service, or access to the Service.
You agree that Memir Games Ltd may, under certain circumstances
and without prior notice, immediately terminate your iPool account,
and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) extended periods of
inactivity, (e) throwing games, losing games intentionally to
transfer points or any other form of cheating, (f) a ban from any other Service provided by Memir
Games Ltd; including iSnooker forums, iSnooker game, iPool forums, iPool game, Flash Pool & mGames.
Players who are denied access to our service (permanently banned) may have
any other accounts that they possess banned also. One Month accounts will be
permanently banned if found cheating. Refunds will not be issued to any
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Memir Games Ltd has no control over such sites and
resources, you acknowledge and agree that Memir Games Ltd is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Memir Games Ltd shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
|13. Memir Games Ltd's PROPRIETARY RIGHTS|
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Memir Games Ltd or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
Memir Games Ltd grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software ; provided
that you do not (and do not allow any third party to) modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by Memir Games Ltd for use in accessing the
|14. DISCLAIMER OF WARRANTIES|
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Memir Games Ltd EXPRESSLY
DISCLAIMS ALL WARRANTIES 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.
Memir Games Ltd MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
Memir Games MAKES A 95% WARRANTY ON ONLINE SERVER UPTIME. IF
EXCEEDED, THE TIME
LOST DUE TO SERVER DOWNTIME WILL BE REFUNDED IN THE FORM OF EXTRA PLAYING
DAYS MATCHING THE AMOUNT OF FULL DAYS LOST.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
|15. NO THIRD PARTY BENEFICIARIES|
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
Memir Games Ltd may provide you with notices, including those regarding changes to the TOS,
by either email, regular mail, or postings on the Service.
Please report any violations of the TOS to firstname.lastname@example.org
|18. Delaying Tournaments by Slow Play
Players found deliberately holding up tournaments by taking too long to play their shot (i.e. shot
times in excess of a minute continuously) may receive a warning for delay of game. Should this persist
and a Moderator / Admin witnesses this, a ban may be issued after the warning, if the trend continues.