Terms of Service Agreement
Last updated: 2023-06-30
Welcome to PokerAsync ! These terms of service (“Terms”) govern your access to and use of PokerAsync (“Service”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.
1. Use of Our Service
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:
- In any way that violates any applicable federal, state, local or international law or regulation
- To engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service)
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate us or any of our employees, another user, or any other person or entity
2. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3. User Content
Our Service may allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. By uploading, submitting, storing, sending, or receiving content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
4. User Conduct
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), impersonates any person or entity, or otherwise interferes with another user’s use of the Service. You also agree to comply with all applicable laws, rules, and regulations.
We will use reasonable efforts to maintain the confidentiality of any information or data that you provide to us through the Service. However, we cannot guarantee the security of any information transmitted to or from the Service. You agree that you will not disclose any information or data that you obtain from the Service to any third party, unless required by law.
6. Disclaimer of Warranties
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
7. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.
You agree to indemnify, defend, and hold us and our affiliates, licensors, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
We may terminate your access to the Service at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Dispute Resolution
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the state of California , without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco , California , and the parties agree to submit to the personal jurisdiction of the state and federal courts located in San Francisco , California for the purpose of enforcing any arbitration award.
11. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make any material changes to these Terms, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service following the effective date of any changes to these Terms constitutes your acceptance of those changes.
12. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Service.
If you have any questions or comments about these Terms, please contact us at [email protected] .