Terms of Service –POKER NIGHTS

 

The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between POKER NIGHTS, as defined below and yourself ("you") and your use ofPOKER NIGHTS.

Please review the Terms carefully. 

 

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY.  THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES.  NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.

 

 BY ACCESSING OR USINGPOKER NIGHTS AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

 

YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SERVICES.

 

POKER NIGHTS has Right to Modify reserves the right, at its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. License to Use the Services Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided byPOKER NIGHTS or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or any other "cheat utility" software program or applications which are designed to modify thePOKER NIGHTS experience to the detriment of fair play; Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience; Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;

 

Exploit the Services or any of its parts for any commercial purpose; Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law; Disclosure and Transfer of Personal Data Personal data may be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally,POKER NIGHTS may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.POKER NIGHTS may hire agents and contractors to collect and process personal data onPOKER NIGHTS’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged byPOKER NIGHTS. These agents and contractors may not use your personal data for their own marketing purposes.POKER NIGHTS may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you orPOKER NIGHTS to legal liability.POKER NIGHTS may also disclose your personal data to third parties whenPOKER NIGHTS has a reason to believe that a disclosure is necessary to address potential or actual injury or interference withPOKER NIGHTS’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, orPOKER NIGHTS believes that such disclosure is necessary to protectPOKER NIGHTS’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served onPOKER NIGHTS

 

ACCOUNT TERMINATION

 

POKER NIGHTS MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, ANDPOKER NIGHTS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE SERVICES.

 

You are responsible for maintaining the confidentiality of your account information (including usernames and passwords) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or the theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred byPOKER NIGHTS or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in the cancellation of your account without refund

Without limiting any other remedies,POKER NIGHTS may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below),POKER NIGHTS's intellectual property as determined byPOKER NIGHTS in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part ofPOKER NIGHTS for any damage that may result from the foregoing, andPOKER NIGHTS is under no obligation to compensate you for any such losses or results. If you have more than one Account,POKER NIGHTS may terminate all of your Accounts. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANYPOKER NIGHTS GAME IS A VIOLATION OFPOKER NIGHTS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.

 

No Requirement To Purchase

 

There is never any requirement to make any purchase of any kind to play the games or to use the Services. Certain of the Applications may require virtual “coins” in order to play. A certain amount of those Virtual coins will be available to you to collect when you log into an Application initially and again at recurring time intervals. If you exhaust your supply of the necessary Virtual Items, you may elect to purchase additional Virtual Items and continue to play or you may wait until additional free Virtual Items are available to you.

The “virtual currency” can never be redeemed for real money, goods, or any other

item of monetary value fromPOKER NIGHTS or any other party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY

MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use inPOKER NIGHTS games is a service provided

byPOKER NIGHTS that commences immediately upon acceptance byPOKER NIGHTS of your purchase.

 

 

USER CONTENT

 

You agree that any content published by you through the Service is done so through the use of technology and tools provided byPOKER NIGHTS. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission ofPOKER NIGHTS. You grantPOKER NIGHTS the right to act as an agent on your behalf as the Service's operator.

Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through aPOKER NIGHTS game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use byPOKER NIGHTS (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service.POKER NIGHTS shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

You hereby grantPOKER NIGHTS and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response toPOKER NIGHTS promotions and competitions or any other content specifically solicited byPOKER NIGHTS) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed byPOKER NIGHTS in accordance with its Privacy Policy. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a Users' privacy. Further, the User Content shall not include any of the following:

Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;

Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;

Comments or other materials that harass or advocate the harassment of another person;

Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;

Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or

Comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.

You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.

POKER NIGHTS may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree thatPOKER NIGHTS will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

POKER NIGHTS reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law,POKER NIGHTS shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

If you are aware of any User Content posted in connection with the Services which violates thePOKER NIGHTS's Terms, please contact us at nightspoker@gmail.com or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.