Terms of Service
Personality Poker Program Licensing Agreement
When you purchase any Personality Poker® product, you agree to the following Program Licensing Agreement.
This Program License (“Agreement”) is made between Stephen Shapiro Enterprises LLC (“SSE”) and Your Organization (“Buyer”).
1. Description of Services. Client desires to use SSE’s program entitled Personality Poker (“The Program”) as a team building exercise, as a productivity enhancement tool, and/or as a source of income. This Agreement is for all versions of our program.
2. Grant of License. SSE grants the Buyer a non-exclusive and non-transferable license to use the Program described in this Agreement. Other than as expressly permitted in this Agreement, Buyer may not present The Program to any other person, entity, or business, nor may Buyer copy, distribute, display, transmit, create derivative works from, sub-license or otherwise use The Program or any of its materials except as specified in this Grant of License.
Internal Team Building: If The Program is to be used internally simply as an icebreaker or team-building exercise, the Buyer may use The Program with Buyer’s employees only. The Program may not be used with employees of any other company or entity.
Internal Employee Enhancement: If The Program is to be used as an internal productivity enhancement tool designed to develop, improve or otherwise benefit Buyer’s employee’s professional skills, the Buyer agrees to purchase the Personality Poker Starter Kit (PSK). This helps ensure consistent delivery across Buyer’s company.
Professional Trainers/Consultants: If the Buyer is a training company, team building organization, speaker, or anyone else who intends to use Personality Poker as part of its business and/or with its clients or a third party (i.e The Program is used in any commercial setting, regardless of whether Buyer receives an economic or financial gain from The Program’s use), then the Buyer agrees to purchase the Personality Poker Starter Kit (PSK) and to purchase new cards for each client or third party. The Buyer agrees that all of The Program materials are to be left behind after the end of each engagement with such client or third party. The Buyer may charge any reasonable, extra fees at their discretion (e.g., materials fee).
If you are unsure which license applies to your intended use, please contact our organization. Failure to use The Program only as permitted under the proper license grant will be considered a material breach of these terms and SSE reserves the right to revoke its license grant and seek any other legal remedies available to it.
3. License Term. The license extended to Buyer under this Agreement commences on the date of purchase of Buyer’s first PSK and continues in perpetuity unless and until terminated as specified in Section 8 below.
4. Personality Poker® Starter Kit (PSK). The Personality Poker Starter Kit is an online support tool that provides speakers, trainers, and facilitators with:
- A quick start guide
- The “cheat sheet” of lessons learned
- The full e-book (originally published by Penguin)
- 5 decks of Personality Poker cards
- A 30+ minute video showing Personality Poker delivered to a large group
- Instructional videos
When Buyer purchases the PSK, it will receive access to an exclusive invitation-only online community that contains video, audio and other digital products (including but not limited to the products indicated above in Section 4). Buyer agrees ONLY to allow individuals permitted under its applicable license grant specified above to use the audio, video, and other digital products available on the online community (e.g. no one outside your organization, one client only, etc). Buyer agrees to keep any usernames and passwords confidential, and Buyer shall notify SSE promptly if it suspects an account has been misused or compromised. Buyer may not, nor permit any other party to sell, transfer, or otherwise allow access to our online community to anyone not covered by Buyer’s applicable license grant. Buyer is responsible for any activity that occurs under its account.
SSE reserves the right to enforce any of its rights regarding The Program, including by not limited to terminating Buyer’s subscription, if Buyer violates these terms.
5. Proprietary Rights. The Buyer acknowledges and understands that SSE is the proprietor of all rights, including all copyrights and trademarks, in The Program. Other than as provided for herein, The Buyer may not copy or reproduce the Program, in whole or in part, in any form or medium now known or hereafter invented or created, without SSE’s express written consent. The Buyer may not reuse, resell or redistribute the Program Materials, create derivative works or make any edits or modifications to The Program without SSE’s written consent. This Section 5 shall survive the termination of this Agreement.
6. No Agency. By using or purchasing a PSK, Buyer acknowledges and agrees that Buyer is not an employee, contractor, or agent of SSE, nor does using or purchasing The Program create any kind of joint venture or partnership. Buyer at all times shall be acting independently and shall not represent itself as being associated with SSE.
7. Limitation of Liability. To the maximum extent permitted by applicable law, Program is provided “as is,” without warranty of any kind. When Buyer is conducting The Program, Buyer shall be solely and fully responsible for all persons participating in The Program. SSE disclaims all warranties, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event will SSE be liable to Buyer or any other party for any direct or indirect loss or damage, including but not limited to personal injury or death. Buyer agrees that it will defend, indemnify, and hold harmless SSE from and against any and all liabilities, claims, demands, damages, or costs, including, without limitation, settlement sums, attorney fees, expert fees, alleged or incurred in connection with any claim or suit arising from any third party suit that may result from the use of The Program by Buyer.
8. Termination. Either Party may terminate this Agreement with thirty (30) days’ notice in writing to the other Party to an address, facsimile number, or email address provided to the terminating Party. Upon termination, Buyer may sell off the physical inventory of Personality Poker cards in their possession at no lower than Buyer’s cost to purchase them, but may not purchase any further PSK’s without renewing this Agreement. Buyer may not, at any time, sell access to the digital assets provided in the PSK. Buyer’s continued use of The Program constitutes on-going consent to this Agreement and any amendments thereto.
9. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles, and that a court proceeding in Orange County, Florida will determine any litigation in connection with this Agreement. In the event that any actions are necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney’s fees, whether or not any suit is filed. If any provisions in the Agreement is determine to be void or unenforceable, such determination shall not affect the validity of any other provision. Failure to enforce of any provision shall not constitute waiver. This Agreement may not be assigned nor transferred by either Party without the prior consent of the other Party. This Agreement represents the entire understanding between the parties and supersedes all prior agreements whether written or oral.
10. Updates to these Terms of Service. This Agreement is part of the Terms of Service for using the website and any Poker Personality® products. SSE reserves the right to change or modify any provisions of this Agreement and any policies or guidelines governing your use of The Program at any time in SSE’s sole discretion and without liability to Buyer. Any such changes or modifications will be effective immediately upon posting of revisions on SSE’s website. Buyer’s continued use of The Program following the posting of such changes or modifications constitutes Buyer’s acceptance thereof. Therefore, you should frequently review this Agreement and all applicable policies or guidelines on The Program in order to understand the terms and conditions applicable to your use of The Program. If Buyer does not agree to any changes or modifications to this Agreement or to any applicable policies or guidelines, Buyer’s sole recourse is to stop using The Program.
Please direct any questions, complaints or claims related to this Agreement to Stephen Shapiro 7512 Dr. Phillips Blvd. Ste 50-933, Orlando, FL 32819
inquiries (at) stephenshapiro (dot) com.
© 2017 Stephen Shapiro Enterprises LLC. All Rights Reserved. Personality Poker® is a registered trademark of Stephen Shapiro Enterprises LLC.