Terms and Conditions
Last
revised on March 28, 2022
These terms and conditions apply to your use
of the website of Poker Date (desktop: www.pokerdate.net |
mobile: m.pokerdate.net –
hereafter the “Website”) and Poker Date (mobile) application (iOS
application / Android application – hereafter the “App” or “Service”),
provided by Fun Max Games LLP. (hereafter "we" or "us"
or “Poker Date”).
This is a contract between you and Fun Max games LLP (as
defined further below) and we want you to know yours and our rights before you
use the Poker Date website or application. Please take a few moments to read
these Terms before enjoying the App, because once you access, view or use the
App, you are going to be legally bound by these Terms (so probably best to read
them first!).
By
creating a Poker Date account, whether through a mobile device, mobile
application or computer (collectively, the “Service”) you agree to be bound by
(i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration
Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by
reference into this Agreement, and (iii) any terms disclosed and agreed to by
you if you purchase additional features, products or services we offer on the
Service (collectively, this "Agreement").
By
accessing the service or creating an account with us, you agree that you have
read, understood and agree to be bound by these terms. If you do not agree to
these terms, you may not install, connect to, access or use (or continue to
use) the service.
We may make changes to this Agreement
and to the Service from time to time. We may do this for a variety of reasons
including to reflect changes in or requirements of the law, new features, or
changes in business practices. The most recent version of this Agreement will
be posted on the Service under Settings and also on Pokerdate.net, and you
should regularly check for the most recent version. The most recent version is
the version that applies. If the changes include material changes to your
rights or obligations, we will post a notification on our Website
along with the updated Terms. We will also notify amendments and
modifications of the Terms via our App, and request you to accept the updated
Terms before you can continue using the App. If you continue to use the
Service after the changes become effective, then you agree to the revised
Agreement.
Poker Date is a gaming and a dating platform
with the purpose to play and connect single people around the globe to find love, in all its
forms.
Before you can use the
App, you will need to register for an account (“Account”). You are not authorized to create an
account or access or use the Service or systems it resides on unless all of the
following are true:
You can gain access to
the Service and become a member. In order to use Poker Date, you may sign in using a number of ways,
including by Facebook login. If you choose to use your Facebook login, you
authorize us to access and use certain Facebook account information, including
but not limited to your public Facebook profile. For more information regarding
the information we collect from you and how we use it, please consult our Privacy
Policy.
You are responsible for maintaining the
confidentiality of your login credentials you use to sign up for Poker Date,
and you are solely responsible for all activities that occur under those
credentials. If you think someone has gained access to your account, please
immediately contact us.
Unfortunately, we
cannot allow you to use another person’s Account or to share your Account with
any other person without permission.
Poker Date is always striving to
improve the Service and bring you additional functionality that you will find
engaging and useful. This means we may add new product features or enhancements
from time to time as well as remove some features, and if these actions do not
materially affect your rights or obligations, we may not provide you with
notice before taking them. We may even suspend the Service entirely, in which
event we will notify you in advance unless extenuating circumstances, such as
safety or security concerns, prevent us from doing so.
You’ll have great fun
on Poker Date, but if you feel the need to leave, you may terminate/delete your account
at any time, for any reason, by following the instructions in
"Settings" in the Service when you
are logged in and clicking on the ‘Delete account’ link. Your Account will be
deleted immediately but it may take a little while for Your Content (defined
below) to be completely removed from the App. Your profile information will be
treated in accordance with our Privacy Policy. If you delete your Account and try
to create a new account using the same credentials your old account will not be
re-activated, it will be a new account.
However, if you use a third party payment
account such as Apple’s App Store or iTunes Store, as applicable (“App Store”)
or the Google Play Store, you will need to manage in app purchases through such
an account to avoid additional billing. Poker Date may terminate your
account at any time without notice if it believes that you have violated this
Agreement. Upon such termination, you will not be entitled to any refund for
purchases.
For residents of the Republic of Korea,
except in the case where we reasonably consider that (i) giving notice is
legally prohibited (for instance, when providing notice would either violate
applicable laws, regulations, or orders from regulatory authorities or
compromise an ongoing investigation conducted by a regulatory authority) or
(ii) any notice may cause harm to you, third parties, Poker Date, and/or our
affiliates (for instance, when providing notice harms the security of the
Service), we will without delay notify you of the reason for taking the
relevant step.
After your account is terminated, this
Agreement will terminate, except that the following provisions will still apply
to you and Poker Date: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Members.
Though Poker Date strives to encourage a
respectful member experience through various features. Poker date is not
responsible for the conduct of any member on or off of the Service. You agree
to use caution in all interactions with other members, particularly if you
decide to communicate off the Service or meet in person. In addition, you agree
to review and follow Poker Date’s Safety Tips prior to using the
Service. You agree that you will not provide your financial information (for
example, your credit card or bank account information), or wire or otherwise
send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR
YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT POKER DATE DOES NOT
CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE
BACKGROUND OF ITS MEMBERS. OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.
POKER DATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OR COMPATIBILITY OF ANY CURRENT OR FUTURE USERS/MEMBERS.
POKER DATE
RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS
(SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE
PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release Poker Date and Fun max
games LLP and its successors from any claims, demands, losses, damages, rights,
and actions of any kind, including personal injuries, death and property
damage, that either directly or indirectly arises from your interactions with
or conduct of other users of the App. If you are a California resident, you
hereby waive California Civil Code Section 1542, which states, “A general
release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.” The foregoing release does
not apply to any claims, demands, or any losses, damages, rights and actions of
any kind, including personal injuries, death or property damage for any
unconscionable commercial practice by Poker Date or Fun Max Games LLP or for
such party’s fraud, deception, false, promise, misrepresentation or
concealment, suppression or omission of any material fact in connection with
the App.
Poker Date grants you a personal,
worldwide, royalty-free, non-assignable, nonexclusive, revocable, and
non-sublicensable license to access and use the Service. This license is for
the sole purpose of letting you use and enjoy the Service’s benefits as
intended by Poker Date and permitted by this Agreement. This license and any
authorization to access the Service are automatically revoked in the event that
you do any of the following:
Poker Date may investigate and take any
available legal action in response to illegal or unauthorized uses of the
Service, including termination of your account.
Any software that we provide you may
automatically download and install upgrades, updates, or other new features.
You may be able to adjust these automatic downloads through your device's
settings.
By creating an account, you grant to Poker
Date a worldwide, transferable, sub-licensable, royalty-free, right and license
to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and
distribute information you authorize us to access from third parties such as
Facebook, as well as any information you post, upload, display or otherwise
make available (collectively, "post") on the Service or transmit to
other members (collectively, "Content"). Poker Date's license to your
Content shall be non-exclusive, except that Poker Date's license shall be
exclusive with respect to derivative works created through use of the Service.
For example, Poker Date would have an exclusive license to screenshots of the
Service that include your Content. In addition, so that Poker Date can prevent
the use of your Content outside of the Service, you authorize Poker Date to act
on your behalf with respect to infringing uses of your Content taken from the
Service by other members or third parties. This expressly includes the
authority, but not the obligation, to send notices pursuant to 17 U.S.C. §
512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken
and used by third parties outside of the Service. Our license to your Content
is subject to your rights under applicable law (for example laws regarding
personal data protection to the extent any Content contains personal
information as defined by those laws) and is for the limited purpose of
operating, developing, providing, and improving the Service and researching and
developing new ones. You agree that any Content you place or that you authorize
us to place on the Service may be viewed by other members and may be viewed by
any person visiting or participating in the Service (such as individuals who
may receive shared Content from other Poker Date members).
You agree that all information that you
submit upon creation of your account, including information submitted from your
Facebook account, is accurate and truthful and you have the right to post the
Content on the Service and grant the license to Poker Date above.
You understand and agree that we may
monitor or review any Content you post as part of a Service. We may delete any
Content, in whole or in part, that in our sole judgment violates this Agreement
or may harm the reputation of the Service.
When communicating with our customer
care representatives, you agree to be respectful and kind. If we feel that your
behavior towards any of our customer care representatives or other employees is
at any time threatening, harassing, or offensive, we reserve the right to
immediately terminate your account.
In consideration for Poker Date
allowing you to use the Service, you agree that we, our affiliates, and our
third-party partners may place advertising on the Service. By submitting
suggestions or feedback to Poker Date regarding our Service, you agree that Poker
Date may use and share such feedback for any purpose without compensating you.
Please be informed that Poker Date may
access, store and disclose your account information and Content if required to
do so by law, by performing its agreement with you, or in a good faith belief
that such access, storage or disclosure satisfies a legitimate interest,
including to: (i) comply with legal process; (ii) enforce the Agreement; (iii)
respond to claims that any Content violates the rights of third parties; (iv)
respond to your requests for customer service; or (v) protect the rights,
property or personal safety of the Company or any other person.
By using the Service, you agree that
you will not:
Poker Date reserves the right to
investigate and/or terminate your account without a refund of any purchases if
you have violated this Agreement, misused the Service or behaved in a way that Poker
Date regards as inappropriate or unlawful, including actions or communications
that occur on or off the Service. In the event that you violate these rules or
our Community Guidelines, your authorization to use the Service will be
automatically revoked.
9. Your Content, Other Member’s Content & Our Content.
(a) content that you upload and
provide (“Your Content”);
(b) content that members
provide (“Member Content”);
(c) content that Poker Date
provides (including, without limitation, database(s) and/or
software) (“Our Content”).
Content we can’t allow on Poker Date
We want our users to be able express
themselves as much as possible and post all sorts of things on Poker Date, but
we have to impose restrictions on certain content which:
·
contains language or imagery which could be deemed offensive or is likely
to harass, upset, embarrass, alarm or annoy any other person (including for
example and without limitation, language that could be deemed discriminatory
towards an individual’s race, color, ethnicity, national origin, religion,
disability, sexual orientation, gender expression, gender identity or physical
appearance);
·
is obscene, pornographic, violent or otherwise may offend human dignity
(including for example and without limitation, language that could be deemed
discriminatory towards an individual’s race, color, ethnicity, national origin,
religion, disability, sexual orientation, gender expression, gender identity or
physical appearance);
·
is abusive, insulting or threatening, discriminatory or which promotes or
encourages racism, sexism, hatred or bigotry (including for example and without
limitation, language that could be deemed discriminatory towards an
individual’s race, color, ethnicity, national origin, religion, disability,
sexual orientation, gender expression, gender identity or physical appearance);
·
encourages any illegal activity including, without limitation, terrorism,
inciting racial hatred or the submission of which in itself constitutes
committing a criminal offence;
·
is defamatory or libelous;
·
relates to commercial activities (including, without limitation, sales,
competitions and advertising, links to other websites or premium line telephone
numbers);
·
involves the transmission of “junk” mail or “spam”;
·
contains any spyware, adware, viruses, corrupt files, worm programs or
other malicious code designed to interrupt, damage or limit the functionality
of or disrupt any software, hardware, telecommunications, networks, servers or
other equipment, Trojan horse or any other material designed to damage,
interfere with, wrongly intercept or expropriate any data or personal
information whether from Poker Date or otherwise;
·
itself, or the posting of which, infringes any third party’s rights
(including, without limitation, intellectual property rights and privacy
rights);
·
shows another person which was created or distributed without that
person’s consent;
·
is harmful to minors; or
·
impersonates any other person, including falsely stating your name.
Poker Date operates a zero-tolerance
policy for this kind of content.
You agree that Your Content must comply
with our Guidelines at https://pokerdate.net/community-guidelines/, as updated from time to time. As Your
Content is unique, you are responsible and liable for Your Content and will
indemnify, defend, release, and hold us harmless from any claims made in
connection with Your Content. Sorry that was a bit of a mouthful, but you are
what you post!
You may not display any personal
contact or banking information on your individual profile page whether in
relation to you or any other person (for example, names, home addresses or
postcodes, telephone numbers, email addresses, URLs, credit/debit card or other
banking details). If you do choose to reveal any personal information about
yourself to other users, whether via email or otherwise, it is at your own
risk. We encourage you to use the same caution in disclosing details about
yourself to third parties online as you would under any other circumstances.
As Poker Date is a public community,
Your Content will be visible to other users of the App all around the world
instantly - so make sure you are comfortable sharing Your Content before you
post. As such, you agree that Your Content may be viewed by other users and any
person visiting, participating in or who is sent a link to the App (e.g.
individuals who receive a link to a user’s profile or shared content from other
Poker Date Users). By uploading Your Content on Poker Date, you represent and
warrant to us that you have all necessary rights and licenses to do so, and
automatically grant us a non-exclusive, royalty free, perpetual, worldwide
license to use Your Content in any way (including, without limitation, editing,
copying, modifying, adapting, translating, reformatting, creating derivative
works from, incorporating into other works, advertising, distributing and
otherwise making available to the general public such Content, whether in whole
or in part and in any format or medium currently known or developed in the
future).
We may assign and/or sub-license the
above license to our affiliates and successors without any further approval by
you.
We do not have any obligation to store
Your Content - if it’s important, you should make a copy.
So that we can prevent the unconsented
use of Your Content by other members or third parties outside of Poker Date,
you authorise us to act on your behalf with respect to such infringing and/or
unauthorised uses. This expressly includes the authority, but not the
obligation, for us to send takedown notices (including, without limitation,
pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf
if Your Content is taken and used by third parties outside of Poker Date.
Other members of Poker Date will also
share content via the App. Member Content belongs to the user who posted the
content and is stored on our servers and displayed via the App at the direction
of the user providing the Member Content.
You do not have any rights in relation
to other users’ Member Content, and you may only use other Poker Date users’
personal information to the extent that your use of it matches Poker Date’s
purpose of allowing people to meet one another. You may not use other users’
information for commercial purposes, to spam, to harass, stalk or to make
unlawful threats. We reserve the right to terminate your Account if you misuse
other users’ information.
Member Content is subject to the terms
and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium
Copyright Act 1998. If you have a complaint about Member Content, please see
the Digital Millennium Copyright Act section below for more information.
You may be wondering what happens to
the rest of the Content on Poker Date. Well, it belongs to us! Any other text,
content, graphics, user interfaces, trademarks, logos, sounds, artwork, and
other intellectual property appearing on Poker Date, as well as the Poker Date
software and database(s), are owned, controlled or licensed by us and are
protected by copyright, trademark, data, database rights and/or other
intellectual property law rights. All right, title and interest in and to Our
Content remains with us at all times.
We grant you a non-exclusive, limited,
personal, non-transferable, revocable, license to access and use Our Content,
without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or
distribute Our Content except as permitted by the functionality of the App;
2. you shall not use our name in metatags,
keywords and/or hidden text;
3.
you shall not create derivative works from Our Content or scrape, disable,
decompile, analyse or in any way commercially exploit Our Content, in whole or
in part, in any way; and
4. you shall use Our Content for lawful
purposes only.
We reserve all other
rights.
No Obligation to Pre-Screen
Content.
Although Poker Date reserves the right to
review and remove Content that violates this Agreement, such Content is the
sole responsibility of the member who posts it, and Poker Date cannot guarantee
that all Content will comply with this Agreement.
INAPPROPRIATE CONTENT AND
MISCONDUCT; REPORTING
Poker Date does not tolerate inappropriate
content or behavior on our Services.
We are committed to maintaining a positive and
respectful Poker Date community, and we do not tolerate any inappropriate content
or misconduct, whether on or off of the Services. We encourage you to report
any inappropriate Member Content or misconduct by other users. You can report a
user directly through the “Hide & Report” link on a user’s profile. You may
also email Poker Date Customer Service at support@pokerdate.net
or via our contact
us form.
10. PAYMENT TERMS
Poker Date may offer products and
services for purchase on the App (“In-App Purchase”). If you choose to make an
In-App Purchase, you acknowledge and agree that additional terms, disclosed to
you at the point of purchase, may apply, and that such additional terms are
incorporated herein by reference.
You may make an In-App Purchase through
the following payment methods (“Payment Method”): (a) making a purchase through
a third-party platform such as the Apple App Store and Google Play Store
(“Third Party Store”), or (b) paying with your credit card, debit card, or
PayPal account, which will be processed by a third-party processor. Once you
have made an In-App Purchase, you authorize us to charge your chosen Payment
Method. If payment is not received by us from your chosen Payment Method, you
agree to promptly pay all amounts due upon demand by us.
(a) Subscriptions and Auto-Renewal: Poker Date may offer some
services as automatically-renewing subscriptions, e.g., a one-week subscription,
one-month subscription, three-month subscription, six-month subscription one-year
subscription (“Premium Services”). IF YOU PURCHASE AN
AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF
THE PERIOD, UNLESS YOU CANCEL, AT POKER DATE’S THEN-CURRENT PRICE FOR SUCH
SUBSCRIPTIONS. To avoid charges for a new subscription period,
you must cancel, as described below, before the end of the then-current
subscription period. Deleting your account or deleting the application from
your device does not cancel your subscription. You will be given notice of
changes in the pricing of the Premium Services to which you have subscribed and
an opportunity to cancel. If Poker Date changes these prices and you do not
cancel your subscription, you agree that you will be charged at Poker Date’s
then-current pricing for subscription.
Cancelling Subscriptions. If you purchased a subscription
directly from Poker date, you may cancel or change your Payment Method via the
payment settings option under your profile. If you purchased a subscription
through a Third Party Store, such as the Apple App Store or the Google Play Store,
you will need to access your account with that Third Party Store and follow
instructions to change or cancel your subscription. If you cancel your
subscription, you may use your subscription until the end of the period you
last paid for, but (i) you will not (except as set forth in the subsection
entitled “Refunds” below) be eligible for a prorated refund, (ii) your
subscription will not be renewed when that period expires and (iii) you will
then no longer be able to use the Premium Services or In-App Purchases enabled
by your subscription.
Free Trials. If you sign up for a free trial
and do not cancel, your trial may convert into a paid subscription and your
Payment Method will be charged at the then-current price for such subscription.
Once your free trial converts to a paid subscription, your paid subscription
will continue to automatically renew at the end of each period, and your
Payment Method will be charged, until you cancel. To avoid charges for a new
subscription period, you must cancel before the end of the then-current
subscription period or free trial period as described above. Deleting your
account or deleting the application from your device does not cancel your free
trial. If you have signed up for a free trial on Poker date through the Apple
Store or Google Play Store previously, you will not be eligible for another
free trial and you will then be automatically signed up to a subscription and
charged as described in this paragraph.
Refunds. Generally, all charges
for purchases are nonrefundable, and there are no refunds or credits for
partially used periods.
For subscribers residing in Arizona,
California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina,
Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your subscription,
without penalty or obligation, at any time prior to midnight of the third
business day following the date you subscribed. In the event that you die
before the end of your subscription period, your estate shall be entitled to a
refund of that portion of any payment you had made for your subscription which
is allocable to the period after your death. In the event that you become
disabled (such that you are unable to use Poker Date) before the end of your
subscription period, you shall be entitled to a refund of that portion of any
payment you had made for your subscription which is allocable to the period
after your disability by providing the company notice in the same manner as you
request a refund as described below.
To request a refund:
In addition to canceling,
you must request a refund to receive one. If you subscribed using your Apple
ID, refunds are handled by Apple, not Poker Date. To request a refund, go to
iTunes, click on your Apple ID, select “Purchase history,” find the transaction
and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please
contact customer support with your order number (you can
find the order number in the order confirmation email, or if you purchased from
the Google Play Store by logging in to Google Wallet). You may also mail or
deliver a signed and dated notice which states that you, the buyer, are
canceling this agreement, or words of similar effect. Please also include the
email address or mobile number associated with your account along with your
order number. This notice shall be sent to: Poker Date, Attn.: Cancellations, A-126,
Manish Marg, Nemi Nagar, Jaipur, Rajasthan 302021, India.
Taxes.
The payments required under this
Section 10 do not include any Sales Tax that may be due in connection with the
Premium Services provided under these Terms. If Poker Date determines it has a
legal obligation to collect a Sales Tax from you in connection with these
Terms, Poker Date will collect such Sales Tax in addition to the payments
required under this Section 10. If any Premium Services, or payments for any
Premium Services, under these Terms are subject to any Sales Tax in any
jurisdiction and you have not remitted the applicable Sales Tax to Poker Date,
you will be responsible for the payment of such Sales Tax and any related
penalties or interest to the relevant tax authority. As used herein, “Sales
Tax” means any sales or use tax and any other tax measured by sales proceeds
that is the functional equivalent of a sales tax where the applicable taxing
jurisdiction does not otherwise impose a sales or use tax.
To receive full access to
all functionalities of the Service, each Member has the option to purchase a
limited, personal, non-transferable, revocable license to use virtual items
called Coins and Chips (hereinafter 'virtual items'). You are only allowed to
purchase Coins and chips from us through the Service and not in any other way.
Virtual Items represent a limited
license right governed by this Agreement, and, except as otherwise prohibited
by applicable law, no title or ownership in or to Virtual Items is being transferred
or assigned to you. This Agreement, and your purchase of Virtual Items, does
not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your
account does not constitute a real-world balance or reflect any stored value,
but instead shows the extent of your license to access Virtual Items. Virtual
Items do not incur fees for non-use. Your license in Virtual Items will
terminate on the earlier of Poker Date ceasing provision of services or your
account closing or terminating. Poker Date may also at times provide Virtual
Items as bonuses to, or parts of, paid subscriptions for its services. Your
ability to use Virtual Items you have access to in this manner may terminate at
the end of each of your subscription periods and your access to Virtual Items
may not “roll over” or accumulate through additional subscription periods. Your
access to Virtual Items gained through subscriptions may also end if you cancel
your subscription.
Poker Date, in its sole discretion,
reserves the right to charge fees for the right to access or use Virtual Items
and/or may distribute Virtual Items with or without charge. Poker Date may
manage, regulate, control, modify, or eliminate Virtual Items at any time,
including taking actions that may impact the perceived value or purchase price,
if applicable, of any Virtual Items and Poker Date shall have no liability to
you for doing so. You shall not sell, redeem, or otherwise transfer Virtual
Items to any person or entity. Virtual Items may only be redeemed through our
Services.
ALL PURCHASES AND REDEMPTIONS OF
VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU
ACKNOWLEDGE THAT POKER DATE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,
AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL
ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
Poker Date operates a global business, and our
pricing (for subscription and virtual items) varies by a number of factors. We may
offer promotional rates - which can vary based on region, different sets of
users, length of subscription, bundle size and more. We also regularly test new
features and payment options.
11. Notice and Procedure for Making Claims of Copyright
Infringement.
We take copyright infringement
very seriously. We ask you to help us to ensure we address it promptly and
effectively.
If you believe that your work
has been copied and posted on the Service in a way that constitutes copyright
infringement, please submit a takedown request using the form here
If you contact us regarding
alleged copyright infringement, please be sure to include the following
information:
Poker Date will terminate the
accounts of repeat infringers.
12. Disclaimers.
POKER DATE PROVIDES THE SERVICE ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS
NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN),
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POKER
DATE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED,
SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE
CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE
SERVICE WILL BE ACCURATE.
POKER DATE TAKES NO RESPONSIBILITY FOR ANY
CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES
THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. ADS
AND THIRD-PARTY CONTENT
The Service may contain advertisements and
promotions offered by third parties and links to other web sites or resources.
Poker Date is not responsible for the availability (or lack of availability) of
such external websites or resources. If you choose to interact with the third
parties made available through our Service, such party's terms will govern
their relationship with you. Poker Date is not responsible or liable for such
third parties' terms or actions and have no liability whatsoever for
third-party goods or services you obtain through a Third Party Store or mobile
carrier. We encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online transaction with any of these
third parties.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR
ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS
TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY
RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY
WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF
THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING
OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS
LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION
OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND
YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE
REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR
ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY
FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE
LIMITED BY APPLICABLE LAW.
15. INDEMNITY
All the actions you make and information you
post on Poker Date remain your responsibility. Therefore, you agree to
indemnify, defend, release, and hold us, and our partners, licensors,
affiliates, contractors, officers, directors, employees, representatives and
agents, harmless, from and against any third party claims, damages (actual
and/or consequential), actions, proceedings, demands, losses, liabilities,
costs and expenses (including reasonable legal fees) suffered or reasonably
incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle,
compromise and pay any and all claims or causes of action which are brought
against us without your prior consent. If we ask, you will co-operate fully and
reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you
to indemnify Poker Date for any unconscionable commercial practice or any
fraud, deception, false promise, misrepresentation or concealment, suppression
or omission of any material fact in connection with the App.
16. Arbitration, Class-Action Waiver, and Jury Waiver.
17. Governing Law and Venue.
Subject to Section 16, your access to the App, Our Content,
and any Member Content, any claims arising from or related to your relationship
with Poker Date, and these Terms are governed and interpreted by the laws of
the State of Jaipur, India. All claims arising out of or relating to these
Terms and/or your relationship with the Poker Date that for whatever reason are
not submitted to arbitration, and all claims or cases challenging the
enforceability or applicability of the arbitration provisions herein, will be
litigated exclusively in the Subordinate or High Court of Jaipur, India. You
agree that such courts shall have personal jurisdiction and venue and waive any
objection based on inconvenient forum. You agree that you will not file or
participate in a class action against us.
All the actions you make and
information you post on Poker Date remain your responsibility. Therefore, you
agree to indemnify, defend, release, and hold us, and our partners, licensors,
affiliates, contractors, officers, directors, employees, representatives and
agents, harmless, from and against any third party claims, damages (actual
and/or consequential), actions, proceedings, demands, losses, liabilities,
costs and expenses (including reasonable legal fees) suffered or reasonably
incurred by us arising as a result of, or in connection with:
We retain the exclusive right to
settle, compromise and pay any and all claims or causes of action which are
brought against us without your prior consent. If we ask, you will co-operate
fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not
require you to indemnify Poker Date for any unconscionable commercial practice
or any fraud, deception, false promise, misrepresentation or concealment,
suppression or omission of any material fact in connection with the App.
19. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie
Policy, the Safety
Tips, Community
Guidelines and the Arbitration
Procedures (if applicable to you), and any terms disclosed and agreed to by you
if you purchase additional features, products or services we offer on the
Service, contains the entire agreement between you and Poker Date regarding the
use of the Service. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. The
failure of the Company to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. You agree
that your Poker Date account is non-transferable and all of your rights to your
account and its Content terminate upon your death. No agency, partnership,
joint venture, fiduciary or other special relationship or employment is created
as a result of this Agreement and you may not make any representations on
behalf of or bind Poker Date in any manner.
Additional
items:
By using the App, you agree and acknowledge that Poker Date is a global
app operating through servers located in a number of countries around the
world. If you live in a country with data protection laws, the storage of your
personal data may not provide you with the same protections as you enjoy in
your country of residence. By submitting your personal information, or by choosing
to upgrade the services you use, or by making use of the application Poker
Date, you agree to the transfer of your personal information to, and storage
and processing of your personal information in, any such countries and
destinations.
POKER DATE IS A DATING AND A GAMING PLATFORM WITH THE PURPOSE (1) TO
CONNECT SINGLE PEOPLE AROUND THE GLOBE TO FIND LOVE, IN ALL ITS FORMS. (2) TO
PLAY CASINO GAMES THOSE ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE
APPLICATION DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL
MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON USING OR
PLAYING ON THE APPLICATION, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. PRACTICE
OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY
GAMBLING.
This Agreement is drafted in the English language. To the fullest extent
permitted under applicable law, if this Agreement is translated into any
language other than English, the English version shall control and prevail in
case of any discrepancies or ambiguities due to translation.