Last
updated: 06/11/2024
AGREEMENT
TO OUR LEGAL TERMS
We are Poker
On Pi ("Company," "we,"
"us," "our").
We
operate, as well as any other related products and services that refer or link
to these legal terms (the "Legal Terms") (collectively, the
"Services").
You can
contact us by email at info@pokeronpi.com
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Poker On Pi concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason. We will alert you about any changes by
updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS:
2. INTELLECTUAL PROPERTY RIGHTS
5. USER GENERATED CONTRIBUTIONS
9. MODIFICATIONS AND INTERRUPTIONS
16. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Our
intellectual property
We are
the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively,
the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The
Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use
of our Services
Subject
to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below,
we grant you a non-exclusive, non-transferable, revocable license to:
- solely
for your personal, non-commercial use or internal business purpose.
Except as
set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish
to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to info@pokeronpi.com . If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners
or licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please
review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
You are
responsible for what you post or upload: By sending us Submissions through any part of the
Services you:
You are
solely responsible for your Submissions and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party's intellectual property rights, or (c) applicable
law.
By using
the Services, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Legal Terms; (2) you are not a
minor in the jurisdiction in which you reside; (3) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any illegal or unauthorized
purpose; and (5) your use of the Services will not violate any applicable law
or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
You may
not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user
of the Services, you agree not to:
The
Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. When
you create or make available any Contributions, you thereby represent and warrant
that:
You and
Services agree that we may access, store, process, and use any information and
personal data that you provide and your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least 180 days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding
Arbitration
Any
dispute arising out of or in connection with these Legal Terms, including any
question regarding its existence, validity, or termination, shall be referred
to and finally resolved by the International Commercial Arbitration Court under
the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
There may
be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree
to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys' fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
We will
maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
Poker On Pi offers various generous rewards to members. These rewards include:
In order
To receive further information regarding use of the Services, please contact us at info@pokeronpi.com