TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS AND THE SOCIAL POOL NETWORK PRIVACY NOTICE BEFORE USING THE WEB SITES OR THE SOCIAL POOL NETWORK APPS. The web sites which are located at the domain name TSPNpool.com or mobile apps available for download (the “Web Sites”) are operated by The Social Pool Network, LLC and its subsidiary companies (“The Social Pool Network,” “we,” “our” or “us”). The Social Pool Network subsidiaries include any division(s) or DBA(s) associated with The Social Pool Network (hereinafter “The Social Pool Network” or “TSPN” or “Company”). These Web Sites Terms and Conditions (“Agreement” or “Terms and Conditions”) govern your access to and use of the Web Sites and apply to all services (“Services”) and sub-sites available under the domain name TSPNpool.com, as well as all text, audio, video, images, graphics, materials, online communications, and other information and content that are or become available on the Web Sites (collectively, the “Information”). By using the Web Sites and Services, you (“you” or “User”) signify your acceptance of these Terms and Conditions and your acknowledgement that the information that you provide, directly or indirectly, through the Web Sites will be managed in accordance with The Social Pool Network Privacy Notice. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITES OR SERVICES.
Your Interactions with Other Members (Members Shall Include League Ambassadors).
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any Member. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Web Sites or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Web Sites or meet in person, or if you decide to send money to another Member. You understand that the Company makes no guarantees, either express or implied, regarding the conduct of individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire, transfer, or otherwise send money, to other Members.
Content Posted by You on the Web Sites.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post on the Web Sites or as part of the Service, or transmit to the Company or any other Member (either on or off the Web Sites), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
In addition, the following is a partial list of the kind of Content that is prohibited on the Web Sites or as part of the Service. You may not post, upload, display or otherwise make available Content (either on or off the Web Sites) that:
  • constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • constitutes or advocates for harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Web Sites or Service;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • 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 manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Web Sites or Service and terminating or suspending the membership of such violators. Any commissions and/or prize monies earned or yet to be earned may be withheld and/or forfeited at the Company’s sole discretion.
Prohibited Activities.
The Company reserves the right to investigate and/or TERMINATE your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Web Sites. The following, in addition to the actions prohibited above, is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
  • impersonate any person or entity, or misrepresent facts about any person or entity.
  • solicit money, goods, or other property from any Members.
  • “stalk”, abuse, use profanity, send sexually oriented communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, publish illegal material, or otherwise harass any person.
  • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
  • collect usernames 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 Web Sites.
  • interfere with or disrupt the Service or the Web Sites or the servers or networks connected to the Service or the Web Sites.
  • email or otherwise transmit 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.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Web Sites or Service (either directly or indirectly through use of third party software).
  • “frame” or “mirror” any part of the Service or the Web Sites, without the Company’s prior written authorization.
  • use meta tags or code or other devices containing any reference to the Company, the Web Sites or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other Web Sites for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web Sites or any software used on or for the Service or the Web Sites, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Web Sites or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Subscriptions; Charges on Your Billing Account.
The Company bills you through an online account (your “Account”) for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This includes any agreements you made with the Company on the Web Sites when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to have your account or subscription reinstated.
Solicitation or Offer.
The Web Sites are designed primarily to provide general information about The Social Pool Network, its products and services, and its related companies. Any product described on the Web Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your upline sponsor and/or your membership contract. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by The Social Pool Network.
Privacy Policy.
The Social Pool Network adheres to all applicable laws regarding the privacy of information submitted by Users of these Web Sites. To receive information about the privacy policy applicable to the Web Sites, please visit our Privacy Notice. This Privacy Notice, incorporated herein by reference, explains what information The Social Pool Network may collect or gather from you on or through the Web Sites and how we will use and protect your information. The Social Pool Network may use data collected from the sites, including history data and/or cookies, in accordance with the Privacy Policy. Although the Web Sites may contain links to other web sites, The Social Pool Network is not responsible for the privacy practices employed by other web sites. In addition, unless stated otherwise, The Social Pool Network cannot guarantee the security of any data that is submitted through the Internet, or by e-mail.
User Eligibility.
The Web Sites should only be accessed and used by individuals who agree to be bound by these Terms and Conditions and who are at least 18 years of age. The Social Pool Network makes no representation that materials on the Web Sites are appropriate or available for use in locations outside of the USA, and accessing them from territories where their contents are illegal is prohibited.
Changes to Terms and Conditions.
The Social Pool Network reserves the right, in its sole discretion, to revise, change, or modify these Terms and Conditions at any time. We will incorporate all material changes to these Terms and Conditions on this page. Notice of any change may be given in any manner we choose that complies with law, including, but not limited to posting a notice of such changes on the Web Sites. We encourage you to review this page periodically for the most recent version of these Terms and Conditions. Any use by a User of the Web Sites following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms and Conditions.
Copyright.
All rights reserved. The material and images contained on the Web Sites are protected by copyright and are owned by The Social Pool Network unless otherwise indicated. No material from the Web Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express written consent of The Social Pool Network.
Trademarks.
The trademarks, service marks, and logos used and displayed on the Web Sites are registered and unregistered trademarks of The Social Pool Network, unless otherwise noted. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Web Sites.
Ownership and License.
The Web Sites and the information, computer code, and related functionality appearing, featured, or otherwise displayed on the Web Sites are owned by The Social Pool Network, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries’ SAND international treaty provisions. We grant to you a limited, non-exclusive, non-transferable license to use the Web Sites in strict accordance with these Terms and Conditions and the instructions provided by us on the Web Sites. The materials provided on the Web Sites, including, without limitation, the Information, computer code, and related functionality, are for your personal, private, and non-commercial use only. Except as may be explicitly permitted through the Web Sites, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Web Sites, including anything you download from the Web Sites, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to The Social Pool Network and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Web Sites or any content or Information. Any unauthorized use of the Web Sites or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Restrictions on Use.
As a condition of your use of the Web Sites, you warrant to The Social Pool Network that you will not use the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Sites in any way that could damage, disable, overburden, or impair the Web Sites or interfere with any other party’s use and enjoyment of the Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the The Social Pool Network Web Sites. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the Web Sites; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Sites; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or any content or Information of the Web Sites; Modify the Information, content, programs or other materials on the Web Sites or hack into or access The Social Pool Network servers or Web Sites in an unauthorized manner; Frame or mirror any part of the Web Sites, without the express permission of The Social Pool Network; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Sites; Upload or input to the Web Sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Sites. You agree that your use of the Web Sites may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Web Sites in violation of these Terms and Conditions and/or for any purpose that violates any local law, state law, federal law, or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations. You understand that actions in violation of these Terms and Conditions may subject you to serious civil and criminal legal penalties and The Social Pool Network reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.
Trademarks/Third Party Content.
The Social Pool Network may display and distribute content and Information supplied by third parties on the Web Sites. The Social Pool Network does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Sites, are those of the respective author(s) or distributor, and not The Social Pool Network. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the Web Sites are the property of The Social Pool Network, its affiliates, their respective licensors or other third parties. Nothing contained on the Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Web Sites, without the express written permission of The Social Pool Network or the applicable third party that may own the marks or names displayed on the Web Sites. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Sites, or any other content or Information on the Web Sites, except as provided herein, is strictly prohibited.
Passwords and Security.
Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise be misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
External Links.
The Web Sites may provide links to other web sites or resources which are not maintained or controlled by The Social Pool Network (collectively “Linked Sites”). The Social Pool Network is neither responsible for, nor aware of, the content of those Linked Sites. The inclusion of any hyperlinks to Linked Sites does not imply approval of or endorsement by The Social Pool Network of those Linked Sites, or content, products and/or services offered on those Linked Sites. The Social Pool Network expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of the goods or services provided by or advertised on any Linked Sites, and in no event shall The Social Pool Network be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites. Any concerns regarding any Linked Sites should be directed to that respective web site, rather than to The Social Pool Network or the Web Sites. You are cautioned to read the Terms and Conditions and privacy polices provided on any Linked Site before using the Linked Site.
Disclaimer of Warranties.
THE SOCIAL POOL NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE SOCIAL POOL NETWORK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SOCIAL POOL NETWORK DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A TSPN PRODUCT FROM THE SOCIAL POOL NETWORK OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE SOCIAL POOL NETWORK BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE SOCIAL POOL NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE SOCIAL POOL NETWORK’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
Indemnification.
You agree to defend, indemnify and hold harmless The Social Pool Network, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Web Sites, any breach by you of these Terms and Conditions, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms and Conditions, or your failure to comply with applicable laws in your use of the Web Sites.
Submissions.
We do not accept or consider creative suggestions, ideas or other materials other than those The Social Pool Network has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of The Social Pool Network. None of the Submissions shall be subject to any obligation of confidentiality on the part of The Social Pool Network or its affiliates, and neither The Social Pool Network nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, The Social Pool Network shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.
Changes to Web Sites.
The Social Pool Network shall have the right at any time to change or discontinue any aspect or feature of the Web Sites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Sites or any portion of the Web Sites.
Termination.
We reserve the right to terminate a User’s use of the Web Sites at any time without notice. Without limiting the foregoing, we shall have the right to immediately terminate these Terms and Conditions with any User without notice or to terminate or suspend access by that User to the Web Sites or cancel any orders, if applicable, placed by that User if, in The Social Pool Network’s sole discretion, the User breaches any term or provision of these Terms and Conditions or fails to comply with any instructions posted on the Web Sites. The provisions of the following Sections shall survive termination or expiration of this Agreement: External Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Choice of Law and Forum, Termination, and Software Licenses.
Monitoring.
The Web Sites generally do not pre-screen, monitor or edit the content posted by Users of the Web Sites. The Social Pool Network and its agents and representatives have the right, at their sole discretion, but no obligation, to monitor the use and content of the Web Sites and reserve the right to edit, refuse to post or remove any content or Information that, in The Social Pool Network’s sole judgment, does not comply with these Terms and Conditions or is otherwise objectionable.
Software License(s).
Any software that is made available to download from the Web Sites (“Software”) is owned or licensed by The Social Pool Network and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, THE SOCIAL POOL NETWORK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Sites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. The Social Pool Network does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by the United States export control laws and regulations.
Choice of Law and Forum.
The Web Sites are controlled by The Social Pool Network from its offices within the State of Oklahoma in the USA. To the fullest extent permitted by applicable law, these Terms and Conditions and any actions or claims arising out of or in relation to these Terms and Conditions or the use of the Web Sites will be governed by and construed in accordance with the statutes and laws of the State of Oklahoma, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in Oklahoma County, Oklahoma, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings shall be conducted in English.
Miscellaneous.
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms and Conditions constitute the entire agreement between you and The Social Pool Network regarding your use of the Web Sites and Service(s).