These terms of service set out the terms and conditions by us, Breeds Tech Limited, which offers you access to use and enjoy our games, apps, websites and other services, including but not limited to the Gaming Application named as PokerNex (“Game”). By using any PokerNex’s Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”), our Privacy Policy, our Community Rules and any other PokerNex’s policies. You are advised to check the Terms of Service, our Privacy Policy, our Community Rules and any other PokerNex’s policies from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.
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:
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
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
4.2.Ownership of the Account and Virtual Items
4.3.Monitoring Use of Services And User Content
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:
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:
11.4.The Arbitration Process
11.5.Exceptions to Agreement to Arbitrate
The parties all agree that they will go to court to resolve disputes:
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:
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.