END USER LICENSE AGREEMENT
This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of the PokerPlace Application (the “PokerPlace App”). Please note that the Agreement constitutes a legally binding agreement between you and HobbyHive Application Limited, located at 30A Ha Lamed A st’, Tel Aviv, Israel (referred to herein as "PokerPlace", "us" or "we") which owns and operates the PokerPlace Application.
By clicking the "I Agree" button below as part of the software installation process and using the PokerPlace App, you consent to the terms and conditions set forth in this Agreement as may be updated or modified from time to time in accordance with the provisions below and therein, and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
The PokerPlace App is offered to you via Apple iTunes or App Stores for download, installation and use on an Apple iPhone, iPod Touch, and Apple iPad (each a “Device”) provided by Apple Inc. (“Apple”).
1. LICENSE; INTELLECTUAL PROPERTY
1.1 In consideration of you agreeing to comply with the terms and conditions contained herein, PokerPlace hereby grants you a non-exclusive, personal, non-transferable right to install and use the PokerPlace App on your Device in accordance with the terms of this Agreement and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
1.2 The use of the PokerPlace App is solely for social poker players and the poker games are intended for (i) a specific group of persons; and (ii) amusement and entertainment. Further, the poker games must not be conducted in a location which is restricted for such types of prohibited games, such as gambling or lottery.
1.3 The use of the PokerPlace App is licensed to you by PokerPlace for your private personal use. Please note that the PokerPlace App is not for use by (i) individuals under 18 years of age; (ii) individuals under the legal age of majority in their jurisdiction; and (iii) individuals from jurisdictions in which it is illegal to do so. PokerPlace is not able to verify the legality of the PokerPlace App in each jurisdiction and it is the User's responsibility to verify such matter.
1.4 The code, structure and organization of the software of the PokerPlace App (the “Software”) are protected by copyright, trade secrets, intellectual property and other rights. Subject to applicable law, you may not: (i) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Software; (iii) make the Software available to any third party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by applicable laws or regulations and/or which violates the rights of third parties, (each of the above is an "Unauthorized Use").
1.5 You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify PokerPlace immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide PokerPlace with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
1.6 The terms "PokerPlace", and any other trademarks, service marks and/or trade names used by PokerPlace on the PokerPlace App from time to time (the "Trade Marks"), are the trademarks, service marks and/or trade names of PokerPlace or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks throughout the world. In addition, other content on or in and features of the PokerPlace App, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, music, audio and text (the "Content") belongs to PokerPlace or one of its affiliated companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights throughout the world. You hereby acknowledge that by using the PokerPlace App you obtain no rights in or to the Trade Marks or the Content, or any part thereof, other than the right to use them in accordance with the terms of this Agreement. Under no circumstances may you use the Trade Marks or the Content (other than as specifically provided herein) without PokerPlace's prior written consent.
2.1 The User accepts that this Agreement is between PokerPlace and the User and is not linked to Apple or any subsidiary of Apple. Apple and its subsidiaries are third-party beneficiaries to this Agreement and have the right to pursue legal action based on this Agreement. Accordingly Apple and its subsidiaries assume no liability or warranty from this Agreement or the PokerPlace App.
2.2 It is hereby acknowledged and agreed that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PokerPlace App.
2.3 The User has accepted the terms of service of the Apple App Store and acknowledges that, in case of conflict between the terms of this Agreement and the terms of service of the Apple App Store, the latter shall prevail.
3. WARRANTIES; SUSPENSION OF SERVICE
3.1 PokerPlace disclaims any and all warranties, expressed or implied, in connection with the PokerPlace App which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy. Nothing in this Agreement shall constitute any representation or warranty that your exercise of rights granted under this Agreement will not infringe the rights of any third party.
3.2 Notwithstanding Section 3.1 above, in the event of any failure of the PokerPlace App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable) for the PokerPlace App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the PokerPlace App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PokerPlace’s sole responsibility.
3.3 PokerPlace reserves the right to suspend, discontinue, modify, remove or add to the PokerPlace App in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by PokerPlace in this regard.
4. INDEMNITY; LIMITATION OF LIABILITY
4.1 You agree to fully indemnify, defend and hold harmless PokerPlace and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) the commission by you of any Unauthorized Use.
4.2 PokerPlace shall not be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the PokerPlace App even if PokerPlace had prior knowledge of the possibility of such damages.
4.3 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation
5. DATA COLLECTION, PROTECTION AND PRIVACY
6.1 You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6.2 Subject to Section 2.1 above, nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
6.3 PokerPlace reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
6.4 If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. If any provision of this Agreement is void but would be valid if some part of the provision were deleted or amended, the provision in question shall apply with such modification as may be necessary to make it valid.
6.5 No waiver by PokerPlace of any breach of any provision of this Agreement (including the failure of PokerPlace to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
6.6 Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
6.7 This Agreement constitutes the entire understanding and agreement between you and us regarding the PokerPlace App and supersedes any prior agreement, understanding, or arrangement between you and us.
6.8 PokerPlace reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within fourteen (14) days of it being posted on this page. Therefore, we encourage you to visit this page regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the PokerPlace App shall be deemed to attest to your agreement to any amendments to the Agreement.
6.9 The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the State of Israel. You irrevocably agree that, subject as provided below, the courts of Tel Aviv shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of PokerPlace to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
6.10 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If you have any questions, concerns, complaints or claims with respect to the PokerPlace App kindly contact us at firstname.lastname@example.org.