Term of Service

1.DEFINITIONS

1.1.“Account” means an account you create when you access the Services.

1.2.“Community Rules” means the rules of conduct that govern your interaction with our Services and other players.

1.3.“Content” means any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services.

1.4.“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

1.5.“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that PokerNex may offer from time to time to certain eligible players.

1.6.“Services” means our Games, products, services, content, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, domains or websites operated by PokerNex including but not limited to PokerNex.app, and other covered services that link to these Terms.

1.7.“Terms of Service” or “Terms” means these terms of service.

1.8.“User” means any person(s) that access, enter and/or use the Services.

1.9.“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

1.10.“Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, gold, diamond or points, all for use in the Services and (b) virtual in-game items.

1.11.“PokerNex,” “we,” “our,” or “us” means Breeds Tech Limited.

1.12.“PokerNex Corporate Family” means Breeds Tech Limited’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors.

1.13.“PokerNex Affiliates” refers to the PokerNex Corporate Family and the PokerNex Corporate Family’s third-party content providers, distributors, licensees, or licensors.

2.ACCOUNT INFORMATION, PRIVACY AND SECURITY

2.1.Our Privacy Policy describes how we collect, store, use, and disclose, and otherwise process your personal information when providing our Services to you, and your rights and choices concerning your information. When you use PokerNex’s Services, you acknowledge and agree that our Privacy Policy applies. If you do not want PokerNex to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

2.2.Any information that you or other users provide to PokerNex is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the other countries for storage, processing and use by PokerNex. As part of providing you the Services, we may need to provide you with certain communications, such as notification, updates, service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving. Please see your settings for email and mobile notifications for more.

2.3.We may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information, in order to use our Services. This information will be held and used in accordance with PokerNex’s Privacy Policy.

2.4.You agree to supply PokerNex with accurate, complete, and up-to-date information, particularly your email address.

2.5.You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.

2.6.You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PokerNex cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

2.7.If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.

3.BASIC TERMS

3.1.We may disclose or publish aggregated information (information about you and other players collectively that is not intended to specifically identify you and other non-personal information about our players for industry analysis, demographic profiling, marketing, analytics, advertising, and other business purposes.

3.2.You may use the Services only if you can form a binding contract with PokerNex and are not a person barred from receiving services under the laws of any applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If your age is below 16 and choose to use the Service, we may ask consent from holder of your parental responsibility.

3.3.PokerNex provides Services to users only for personal, non-commercial and entertainment purposes. You agree not to violate terms and conditions set in this Term of Service. You also agree not to use the Services for any other purpose and agree that PokerNex will have no liability to you for any damage or loss arising from unauthorized uses.

You agree to only use the Services, or any part of it, in a manner that is consistent with these Terms and you SHALL NOT:

(a)without written permission from PokerNex, use, advertise or exploit in any manner the Services or any of its parts commercially;
(b)reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of PokerNex and/or its licensors on creation, in any event);
(c)remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(d)remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(e)export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
(f)create data or executable programs that mimic data or functionality in the Game;
(g)steal and/or publish information from other users (including but not limited to personal information, non-personal information and payment information);
(h)impersonate or harm reputation of PokerNex or PokerNex Corporate Family or PokerNex Affiliates as well as the Services;
(i)post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;
(j)take advantage by exploiting others in any way;
(k)use the Service as a manner that is related to real money gambling or any action that negatively impacts the delivery of the Service;
(l)exploit errors and bugs found while playing the Game;
(m)access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in PokerNex’s sole judgment);
(n)use / develop / advertise / trade / distribute programs that intercept communication between the Game and the Game server; any unauthorized third party programs or hardware devices that may affect the Game or normal Game play, including but not limited to, hacks, cheats, helpers, bots, scripts, trainers, automatic programs, programs that collect or modify Game data by reading the Game memory;
(o)disrespect or use offensive words towards others based on their race, gender, nationality;
(p)manipulate the results of the game in an unfair way;

Any action which is not defined in this Terms of Service that negatively impacts the delivery of PokerNex’s Services or negatively affects other users may be subject to warning and penalty through careful review of the circumstances.

3.4. In case of closure of the User’s account due to the breach of the Terms in paragraph 3.3 above is prohibited from creating new accounts. Any future attempt of creating account after being banned from the service will be considered a breach of this Agreement and will result with closure of such accounts.

3.5.Service Changes and Limitation

(a)The Services that PokerNex provides are always evolving and the form and nature of the Services that PokerNex provides may change from time to time without prior notice to you. In addition, PokerNex reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, PokerNex is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.
(b)PokerNex also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by PokerNex on the Services are subject to change. In consideration for PokerNex granting you access to and use of the Services, you agree that PokerNex and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or User Content or information from the Services whether submitted by you or others.
(c)PokerNex may, in its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the services or any portion of them; prohibit access to our Games and sites, and their content, services, and tools; or delay or remove hosted content, and PokerNex is under no obligation to compensate you for any losses or results.

3.6. To access or play our games or create an Account with us, we may need your email address and/or social network account, such as Facebook account. You may need to update third-party software from time to time to receive the Services and play PokerNex’s Games.

3.7.We provide the games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

3.8.You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

3.9.If you use our Services, you must follow PokerNex’s Community Rules, Privacy Policy and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.

3.10.We may provide limited-time promotions and offers and the corresponding official rules or Feature Terms (if any) associated with any promotions and offers will apply in addition to these Terms. For avoidance of doubts, we are not required to give, and you are not required to accept, any such offers. These offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. Some offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any offer, you assume all liability associated with the offer.

3.11.We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas.

3.12.You acknowledge and agree that PokerNex may update the Service with or without notifying you. PokerNex may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. PokerNex conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service may not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to PokerNex when the problem is encountered by contacting care@pokernex.net

4.OWNERSHIP

4.1.Ownership of the Services

(a)The Services are comprised of works that are owned or licensed by the PokerNex Corporate Family, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
(b)Violation of any criteria in this Terms of Service may lead to temporary or permanent suspension of the Services in accordance with the terms and conditions and any other legal actions by us. In addition, you may be breaking the law, including breaches or violations of PokerNex’s intellectual property rights. Any attempt by you to disrupt or interfere with the services, including without limitation undermining or manipulating the legitimate operation of any PokerNex game, is a breach of PokerNex policy and may be a breach or violation of criminal and civil laws.

4.2.Ownership of the Account and Virtual Items

(a)Regardless of any other statement in these Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by PokerNex. PokerNex gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.
(b)You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.

4.3.Monitoring Use of Services And User Content

(a)If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
- (i)accurate;
- (ii)not confidential;
- (iii)not in violation of law;
- (iv)not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
- (v)free of viruses, adware, spyware, worms, or other malicious code;
- in compliance with our Privacy Policy and Community Rules.
(b)Your User Content will be processed by PokerNex in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.
(c)Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give PokerNex a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you 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).
(d)We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Privacy Policy, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
(e)PokerNex’s license to your User Content ends when you request deletion of your Account by submitting a request to us, with the following exceptions:
- (i)User Content submitted in response to PokerNex promotions, which will be subject to any Feature Terms or other terms of the promotion;
- (ii)User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms;
- (iii)User Content subject to a separate license with PokerNex, which will be subject to the terms of such license.
- (f)If you request for deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
- (g)When you post, publish, or transmit your observations and comments on the Services, such as in chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. PokerNex is not responsible for any other person’s use or appropriation of any content or information you post, publish, or transmit in any chat rooms.
- (h)We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy.
- (i)While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with PokerNex or other player when you are using the Services (including without limitation your communications through in-game text). For more information, see our Privacy Policy and Community Rules.
- (j)We reserve our right to choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole discretion to be objectionable. If we determine that your communications or User Content violate these Terms, Feature Terms, Privacy Policy or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.
- (k)For the purpose of avoiding the retaining of data that is no longer needed and/or to improve our services, we may delete or terminate accounts that are inactive (i.e., not logged into) for 180 days.

5.YOUR DEALINGS WITH OTHER PLAYERS

5.1.You are responsible for your interactions with other players in accordance with the Community Rules. If you have a problem with another player, we are not required to get involved, but we reserve the right to do so.

5.2.You acknowledge that should you have a dispute with another player, you release PokerNex, the PokerNex Corporate Family, and all PokerNex Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

6.PAYMENT TERMS

6.1.Our Game is free to play, but you may purchase Virtual Items using real money to enjoy certain features of our Game. Purchase of the Virtual Items may be made by providing billing authorization through the third-party platform on which you are playing (e.g., Apple, Google etc) or through PokerNex-owned websites.

6.2.You will obtain a limited license and right to use Virtual Items upon completion of the transaction for purchase of the Virtual Items.

6.3.When you purchase Virtual Items on other platforms such as Apple, or Google, PokerNex is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team at care@pokernex.net as described below for questions concerning refunds of purchases.

6.4.You acknowledge that by purchasing the Virtual Items you do not own the purchased Virtual Items but only acquire a limited license to use the Virtual Items according to the specific Game’s feature. Therefore, the right to use any Virtual Items is conditional to these Terms. You also understand that the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

6.5.You agree that purchases to acquire a limited license and right to use Virtual Items are non-refundable to the fullest extent allowed by law. PokerNex is not obliged 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, or whether you made a payment through PokerNex-owned websites or the third-party platforms such as Apple or Google.

6.6.You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. PokerNex may revise the pricing for the goods and services it licenses to you through the Services at any time.

7.ADVERTISING

7.1.Our Services may feature advertisements from us or other companies. Please refer to our Privacy Policy on the information we share with advertisers.

7.2.You agree that we are allowed to provide links in our Game or on the Services to third-party who may invite you to participate in a promotional offer and offer you some feature of the Services or upgrade in exchange. Any such offers should you choose to accept is your sole responsibility.

7.3. No responsibility is assumed by us for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not responsible for any claim relating to any content, goods, and/or services of third parties.

7.4.You understand that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

8.WARRANTY DISCLAIMER

8.1.Due to the nature of the Internet, the Service is provided on an “as is” and “as available” basis. No promises or guarantees are made by PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates that the Services or any content on them will always be available, uninterrupted, or error-free. We reserve our rights to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

8.2.You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that PokerNex does not screen or inquire into the background of any users of the service, nor does PokerNex make any attempt to verify the statements of users of the Service. PokerNex make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person.

8.3. To the extent permitted by applicable law, PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates make no warranties, conditions, or other terms of any kind, either express or implied, about the Services. PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates disclaim any warranties of title or implied warranties, conditions, or other terms of non-infringement, merchantability, quiet enjoyment, or fitness for a particular purpose. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

9.LIMITATIONS & WAIVER OF LIABILITY

9.1.You agree that that PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates are not liable:

(a)for any indirect, incidental, special, exemplary, punitive or consequential damages, including for loss of profits, goodwill, business rights or data, in any way whatsoever arising out of the use of, or inability to use, the Services;
(b)all damages or injury caused by the Services, or related to use of, or inability to use, the Services, under any cause of action in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract, or tort (including negligence);
(c)for the conduct of third parties, including other users of the Services and operators of external sites.

9.2.The risk of using the Services rests entirely with you as does the risk of injury from the Services.

9.3.We will not be liable for any damages beyond the amount paid to PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates in the thirty (30) days immediately preceding the date on which you first assert any such claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations are limited to the maximum extent permitted by applicable law in such countries or jurisdictions.

9.4.If no payment has been made by you to PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates in the thirty days (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates is to stop using the Services and to cancel your Account.

10.INDEMNITY

You agree to indemnify, save, and hold PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify with PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates, and you agree to cooperate with PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates defense of these claims. PokerNex, the PokerNex Corporate Family, and the PokerNex Affiliates will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of your Account (if applicable) or of your access to or use of the Service.

11.AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

11.2.All disputes, controversies or differences which may arise between you and us in respect of these Terms shall be settled amicably through negotiation in good faith between you and us.

11.1.Before bringing a formal legal case, you must first contact our Customer Support team at care@pokernex.net That written notification must include (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek.

11.3. In the event that the dispute failed to be resolved, you and PokerNex both agree to arbitrate:

(a)By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, PokerNex, and any member of the PokerNex Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Privacy Policy and Community Rules, your relationship with us, or PokerNex’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your PokerNex account or delete it. (In this Section 11 and in Section 12, you, PokerNex, and any member of the PokerNex Corporate Family may be referred to individually as “a party” or collectively as “the parties.”)
(b)An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, PokerNex, and any member of the PokerNex Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
(c)If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.
(d)In addition, if you, PokerNex, or a PokerNex Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, PokerNex, or the PokerNex Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.

11.4.The Arbitration Process

(a)If you reside in the United States, the American Arbitration Association (“AAA”) will control any arbitration between you and PokerNex or the PokerNex Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at https://www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead. Such arbitration shall be initiated in the State of New York, United States of America. You and PokerNex further agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan in New York City in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(b)If you reside outside of the United States, the Hong Kong International Arbitration Centre (“HKIAC”) will control any arbitration between you and PokerNex or the PokerNex Corporate Family member, and HKIAC’s then-current rules and procedures will be used. You can look at HKIAC’s rules and procedures on their website at https://www.hkiac.org/. If something in these Terms is different from HKIAC’s rules and procedures, then the parties agree to follow these Terms instead. Such arbitration shall be initiated in Hong Kong. You and PokerNex further agree to submit to the jurisdiction of any court in Hong Kong in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
©If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.
(d)Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against PokerNex or a member of the PokerNex Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then PokerNex will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then PokerNex will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse PokerNex for all such cost and expenses that PokerNex paid and that you would have been obligated to pay under the AAA rules.

11.5.Exceptions to Agreement to Arbitrate

The parties all agree that they will go to court to resolve disputes:

(a)Relating to your, PokerNex’s, or a PokerNex Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
(b)Relating to any violation of the Community Rules; or
(c)Within the jurisdiction of small claims courts.

For more information about which court the parties can go to for resolving these types of disputes, see Section 12 below.

11.6. No Class Actions

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, PokerNex, and the PokerNex Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.

That means:

(a)The parties agree that neither you nor PokerNex nor any member of the PokerNex Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
(b)The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).
(c)The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other PokerNex players, and cannot be used to decide other disputes with other players.
(d)If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 11 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, Privacy Policy and Community Rules will still apply.

11.7.Opting out of the Agreement to Arbitrate and Class Action Waiver

You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 11 by sending us written notice of your decision to opt out through Customer Support. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, PokerNex also will not be bound by them.

11.8.Changes to Section 11 Agreement to Arbitrate and Class Action Waiver

We will give you 60-days’ notice by email or through the Services if we change this Section 11 on our Agreement to Arbitrate and Class Action Waiver. If a court or arbitrator decides that this subsection on “Changes to Section 11 on Agreement to Arbitrate and Class Action Waiver” is not enforceable or valid, then this subsection shall be severed from Section 11, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.

11.9.Survival

This Section 11 shall survive termination of these Terms.

12.APPLICABLE LAW

12.1.If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 11 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by New York law, except for its conflicts of laws principles.

12.2.If you are located anywhere other than the United States, these Terms and our relationship will be governed by Hong Kong law, except for its conflicts of laws principles.

13.VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

13.1.If you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 11 must be brought in state or federal court in Borough of Manhattan in New York City, unless the parties agree to some other location. You, PokerNex, and the PokerNex Corporate Family all consent to venue and personal jurisdiction in Borough of Manhattan in New York City.

13.2.If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of Hong Kong, unless the parties all agree to some other location. You, PokerNex, and the PokerNex Corporate Family all consent to venue and personal jurisdiction in Hong Kong.

13.3.This Section 11 shall survive termination of these Terms.

14.SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. If any of the Terms herein, Feature Terms, Privacy Policy or Community Rules or the application thereof to any Party or circumstances shall be or become invalid or unenforceable, the remaining of the Terms, Feature Terms, Privacy Policy or Community Rules shall not be effected thereby and each of the Terms herein, Feature Terms, Privacy Policy or Community Rules will be valid and enforceable to the fullest extent permitted by law.

15.ASSIGNMENT

These Terms, Feature Terms, Privacy Policy or Community Rules and any other policies or rules we reference in these Terms, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersede and cancel all previous agreements, representations, warranties and undertakings [if any], whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

16.ENTIRETY OF AGREEMENT

These Terms, Feature Terms, Privacy Policy or Community Rules and any other policies or rules we reference in these Terms, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersede and cancel all previous agreements, representations, warranties and undertakings [if any], whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

17.LANGUAGE

If we provide a translated version of these Terms, Feature Terms, Community Rules, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.

18. NO WAIVER

If we do not enforce our rights under these Terms, Feature Terms, Privacy Policy or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, Privacy Policy or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

19.NOTICES

If we have to give you notice of something according to the Terms, Feature Terms, Privacy Policy or Community Rules, we may notify you by posting a message on PokerNex.app or in the Game, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. Every notice or demand or communication shall be in writing and in English and sent to us through Customer Support or email to care@pokernex.net unless we have provided a more specific method way of notifying us.

20.FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities or local government, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.AMENDMENTS TO THESE TERMS

21.1.We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Featured Terms, Privacy Policy or Community Rules, at any time by posting the amended Terms, Featured Terms, Privacy Policy or Community Rules, on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Featured Terms, Privacy Policy or Community Rules, and any other policies, codes, or rules will be accessible within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

21.2.You are not allowed to make changes to the Terms, Featured Terms, Privacy Policy or Community Rules, unless both you and PokerNex sign a written amendment.

21.3.If you have a dispute with PokerNex, the version of the Terms, Featured Terms, Privacy Policy or Community Rules, in effect at the time PokerNex received actual notice of the dispute will apply to such dispute.

21.4.If the Terms have any provisions or information that conflict with other PokerNex terms or policies, these Terms as applicable shall prevail.

22.MISCELLANEOUS

22.1.The headings in this Terms of Service are inserted for convenience only and shall not be taken, read and construed as essential parts of this Terms of Service.

22.2.References to clauses unless otherwise stated are to be construed as references to clauses of this Terms of Service.

22.3.All references to provisions of statutes include such provisions as modified or re-certified or re-enacted.

22.4.Words applicable to natural persons include any body of persons, company, corporation, firm or partnership, corporate or incorporate and vice versa.

22.5.Words importing the masculine gender shall include the feminine and neuter gender and vice versa. Words importing the singular number shall include plural number and vice-versa.

22.6.These Terms shall be binding upon your assignee and successor-in-title of the Account.