Welcome to Poker Master, as used in these terms and conditions of use ("Terms"), "Poker Master", "we", "us", or "our" refer to Poker Master and all of its affiliates.
We provide our users ("Poker Master Users") with: Applications for mobile platforms or devices (collectively, our mobile applications are referred to herein as "Poker Master Applications"). Please read these Terms carefully because they govern your access to and use of our Services, Poker Master Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR Poker Master CONTENT.
Certain Services, and your access to or use of certain Poker Master Content, may have different, Service-specific or Poker Master Content-specific terms and conditions ("Rules") posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or Poker Master Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or Poker Master Content.
Poker Master reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
By using our Services, you represent and warrant to Poker Master that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
In order to access the full feature set of our Services, and to post any User Content on or through our Services, you must register to create a Poker Master account and become a "Member." To use the Service, you must be a natural person, at least 18 years old and over the age of majority in the state in which you live, and who meets other eligibility criteria set forth in these Terms. If you are under 18 years of age you must immediately discontinue use and make no further use of the Service, and delete the Application.
In registering for a Poker Master Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Poker Master reserves the right to suspend or terminate your Poker Master Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
If you are not a Member, you may only browse or use in limited ways those parts of our Services that are not limited to Members only. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Poker Master Account, and you agree to take sole responsibility for any activities or actions under your Poker Master Account, whether or not you have authorized such activities or actions. You will immediately notify Poker Master of any unauthorized use of your Poker Master Account.
Use of our Services is also governed by Poker Master's Privacy Policy. If you have any questions about the Poker Master Privacy Policy, please contact us via email at: support@PokerMaster.net.
Certain types of content are made available on or through our Services:
Poker Master exclusively own all right, title and interest in and to the Services and Poker Master Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights ("Intellectual Property Rights"). Poker Master will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Poker Master Content.
Subject to your compliance with these Terms, Poker Master hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any Poker Master Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Poker Master Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Poker Master, except for the licenses and rights expressly granted by these Terms.
By making available any User Content on or through our Services, you hereby grant to Poker Master worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services. Poker Master does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Poker Master the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Poker Master's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
You can chat and make comments about content made available on or through our Services ("Comments"). Poker Master advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf.
You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, Poker Master may, but is under no obligation to do so, monitor or censor Comments. Notwithstanding the foregoing, Poker Master does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us at support@PokerMaster.net. You acknowledge and agree that all Feedback will be the sole and exclusive property of Poker Master and you hereby irrevocably assign to Poker Master and agree to irrevocably assign to Poker Master all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein.
Further, we are under no obligation to provide compensation for any Feedback. At Poker Master's request and expense, you will execute documents and take such further acts as Poker Master may reasonably request to assist Poker Master to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.
Poker Master owns, has licensed, or otherwise has the rights to use all Poker Master Content appearing or originating in the Services, Poker Master Applications, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency"). Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in Poker Master Applications, and they have no "real world" value.
By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Poker Master Applications by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services, Poker Master Applications, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from Poker Master or any other person.
You may purchase, with "real world" money, limited licenses to use Virtual Items or Virtual Currency from Poker Master in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from Poker Master that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Poker Master Account. You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order.
If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You understand and agree that Poker Master provides no refunds for any purchases except only as expressly stated in these Terms.
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using a Poker Master Account registered to you.
Providers of operating software for mobile devices ("OS Providers") offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download Poker Master Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable Third-Party Publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace.
You are solely responsible for your interactions (including any disputes) with other Poker Master Users. Even if we choose to offer report user, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other Poker Master Users. You agree to take reasonable precautions in all interactions with other Poker Master Users, particularly if you decide to meet a Poker Master User offline, or in person.
Your use of our Services, Poker Master Content, User Content and any other content made available through our Services is at your sole risk and discretion and Poker Master hereby disclaims any and all liability to you or any third party relating thereto. Poker Master reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with Poker Master to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Poker Master representatives' access to any password-protected portions of your Poker Master Account.
You agree not to do any of the following while using our Services, Poker Master Content, or User Content:
Poker Master will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. Poker Master may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Poker Master has no obligation to monitor or record your access to or use of our Services or Poker Master Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. Poker Master reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Poker Master, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
We encourage Poker Master Users to report any suspected misconduct or misuse of our Services by sending us an email to support@PokerMaster.net.
Our Services may contain links to third-party websites or resources. You acknowledge and agree that Poker Master is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Poker Master of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third parties, including Third-Party Mobile Applications.
You agree that Poker Master is not responsible for examining or evaluating third-party content, or such content's accuracy, and Poker Master does not warrant and will not have any liability or responsibility for any Third-Party Mobile Applications, or for any other materials, products, or services of third parties. You agree that you will not use any Third-Party Mobile Applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that Poker Master is not in any way responsible for any such use by you.
Without limiting other remedies, Poker Master may at any time suspend or terminate your Poker Master Account and refuse to provide access to our Services if Poker Master suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by Poker Master; (ii) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Poker Master Users, Poker Master or any other third parties or our Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
In addition, Poker Master may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your Poker Master Account at any time and for any reason by sending an email to support@PokerMaster.net.
Upon termination of your Poker Master Account for any reason by you or us, you will lose all access to such account. Terminated Poker Master Accounts cannot be reinstated; any Poker Master Account that may be registered by you after termination of a Poker Master Account is a unique account.
If your Poker Master Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Poker Master Account at the time of termination will be lost and no longer be available to you, and you will have no right to them.
If your Poker Master Account is terminated for any reason by you or us, you understand and agree that Poker Master may redeem and use the Virtual Currency in the Poker Master Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
YOU AGREE THAT Poker Master IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED Poker Master ACCOUNT, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. Poker Master will not be liable to you or any third party for termination of our Services or termination of your use of our Services.
UPON ANY TERMINATION OR SUSPENSION OF YOUR Poker Master ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR Poker Master ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Poker Master will have no obligation to maintain any information stored in our database related to your Poker Master Account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Poker Master under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
OUR SERVICES, Poker Master CONTENT, AND USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Poker Master EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Poker Master MAKES NO WARRANTY THAT OUR SERVICES, Poker Master CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Poker Master MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Poker Master OR THROUGH OUR SERVICES, Poker Master CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Poker Master, its officers, directors, employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Poker Master, your access to our Services or Poker Master Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, Poker Master CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER Poker Master NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR Poker Master CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Poker Master HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT Poker Master IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Poker Master WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR SERVICES.
All trademarks, service marks, logos, trade names and any other proprietary designations of Poker Master or our licensors used in association with the Services are trademarks or registered trademarks of Poker Master or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
These Terms constitute the entire and exclusive understanding and agreement between Poker Master and you regarding our Services and Poker Master Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Poker Master and you regarding our Services and Poker Master Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Poker Master's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Poker Master may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Poker Master via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Poker Master to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Poker Master. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Poker Master at support@PokerMaster.net.