Term Conditions Page

Terms and Conditions

These terms and conditions apply to your use of the website of Poker Date (desktop: www.pokerdate.net | mobile: www.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!).

1. Consent – Acceptance of Terms & Conditions

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.

2. Eligibility.

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 are at least 18 years of age.

You can form a binding contract with Poker Date,

You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),

you will comply with this Agreement and all applicable local, state, national and be legally permitted to use the App by the laws of your home country, international laws, rules and regulations, and

you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

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.

4. Modifying the Service and Termination.

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.

6. Rights Poker Date Grants You.

Poker Date grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub licensable 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:

Use the Service or any content contained in the Service for any commercial purposes without our written consent.

Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Poker Date’s prior written consent.

Express or imply that any statements you make are endorsed by Poker Date.

Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

Use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

Upload viruses or other malicious code or otherwise compromise the security of the Service.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

"Frame" or "mirror" any part of the Service without Poker Date’s prior written authorization.

Use Meta tags or code or other devices containing any reference to Poker Date or the Service (or any trademark, trade name, service mark, logo or slogan of Poker Date) to direct any person to any other website for any purpose.

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

Use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.

Use, access, or publish the Poker Date application programming interface without our written consent.

Probe, scan or test the vulnerability of our Service or any system or network.

Encourage or promote any activity that violates this Agreement.

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.

7. Rights you Grant Poker Date.

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.

8. Community Rules.

By using the Service, you agree that you will not:

Use the Service for any purpose that is illegal or prohibited by this Agreement.

Use the Service for any harmful or nefarious purpose.

Use the Service in order to damage Poker Date.

Violate our Community Guidelines, as updated from time to time.

Spam, solicit money from or defraud any members.

Impersonate any person or entity or post any images of another person without his or her permission.

Bully, "stalk", intimidate, assault, harass, mistreat or defame any person.

Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

Post any Content that is hate speech, threatening, sexually explicit or pornographic.

Post any Content that incites violence; or contains nudity or graphic or gratuitous violence.

Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.

Use another member's account, share an account with another member, or maintain more than one account.

Create another account if we have already terminated your account, unless you have our permission.

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”);

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.

Your 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 authorize us to act on your behalf with respect to such infringing and/or unauthorized 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.

Member Content

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.

Our Content

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 Meta tags, keywords and/or hidden text;

3. you shall not create derivative works from Our Content or scrape, disable, decompile, analyze 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 from.

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.

(b) VIRTUAL ITEMS

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:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

Your contact information, including address, telephone number and email address and the copyright owner’s identity;

a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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.

14. Limitation of Liability.

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:

Any negligent acts, omissions or willful misconduct by you;

Your access to and use of the App;

The uploading or submission of Content to the App by you;

Any breach of these Terms by you; and/or

Your violation of any law or of any rights of any third party.

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.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Poker Date. The arbitration proceedings shall be held in English language at Jaipur, India. The courts at Jaipur shall have exclusive jurisdiction over any disputes relating to the subject matter herein, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Poker Date elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Poker Date.

By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against Poker Date outside of small claims court (and Poker Date does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the Subordinate or High Court located in Jaipur, India. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

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.

18. Indemnity by You.

Any negligent acts, omissions or willful misconduct by you;

Your access to and use of the App;

The uploading or submission of Content to the App by you;

Any breach of these Terms by you; and/or

Your violation of any law or of any rights of any third party.

19. Entire Agreement; Other.

This Agreement, which includes the Privacy 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.

Translation

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.