Poker House Party Terms of Use

This Terms of Use will be effective from 1 July 2020.

 

General Terms – All Users

 

Your relationship with us

Welcome to Poker House Party (the “Platform”), provided by Empire Studios Inc, a British Virgin Islands company with registered office at OMC Chambers, Wickhams Cay 1, Road Town, Tortola, British Virgin Islands.

You are reading the terms of Use (the “Terms”) which govern the relationship and serve as an agreement between you and Empire Studios Inc, (“ESI”, “we” or “us”) for your use of our website located at www.pokerhouseparty.com, services, applications, products and content (that include but are not limited to the Platform) (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Services are being provided to you in connection with our Poker House Party brand, which is a live video chat social poker game owned and operated by ESI. Your use of the Services creates a binding contract with ESI. You may use the Services only in compliance with these Terms and all applicable local, state, national, federal and international laws, rules and regulations as well as any policies, terms of use or guidelines of third party sites and platform you use in conjunction with the Services (collectively, “Laws”).

 

The Terms form a legally binding agreement between you and us.

 

Accepting the terms

 

By using our Services, you confirm that you can form a binding contract with ESI, that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services.

 

You can accept the Terms by using our Services. You understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.

 

Changes to the Terms

 

The Terms may be amended by us from time to time. You must look at the Terms regularly to check for such changes. Your continued use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

 

Your Account with Us

 

To use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.  We will use such information only in accordance with our Privacy Policy, located at www.pokerhouseparty.com. By using our Services and/or accepting these Terms, you are also accepting the terms and conditions of our Privacy Policy, as it may be from time to time.

 

It is important that you keep your account password, if applicable, confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at support@pokerhouseparty.com.

 

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

 

We reserve the right to disable or suspend or permanently delete your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.  We also reserve the right to hide or permanently delete the content (including but not limited to video, photos or text) created under your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

Your use of our Services

Your use of the Services is subject to these Terms and all applicable laws and regulations.

You may not:

 

use the Services if you are not fully able and legally competent to agree to these Terms;

 

modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;

 

distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

 

market, rent or lease the Services for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;

 

interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

 

incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;

 

use automated scripts to collect information from or otherwise interact with the Services;

 

impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

 

intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 

use or attempt to use another's account, service or system without authorization from ESI, or create a false identity on the Services;

 

use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;

 

use the Services to upload, transmit, distribute, store or otherwise make available in any way:

 

files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

 

any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;

 

any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., passport numbers) or credit card numbers;

 

any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;

 

any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

 

any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;

 

any content that is deliberately designed to provoke or antagonize people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;

 

any content that contains a threat of any kind, including threats of physical violence;

 

any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

 

any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or

 

content that, in the sole judgment of SWI, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TI, the Services or its users to any harm or liability of any type.

 

We reserve the right, at any time and without prior notice, to remove or disable access to content for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or otherwise harmful to the Services or our users.

 

TO AVOID RETAINING 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.

 

INTELLECTUAL PROPERTY RIGHTS

 

You agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes any copyrights or other intellectual property rights.

 

Content

 

ESI Content

 

As between you and ESI, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “ESI Content”), are either owned or licensed by ESI, it being understood that you will own any User Content (as defined below) you upload or transmit through the Services. Use of the ESI Content or materials on the Services for any purpose not expressly permitted by this Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.  Please note that the Comunix platform contains software licensed from Engineware.io Pty Ltd. Copyright © 2006-2014 by Engineware.io Pty Ltd.

 

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Services, including to download the Platform on a permitted device, and to access the ESI Content through your use of the Services. ESI reserves all rights not expressly granted herein in the Services and the ESI Content. You acknowledge and agree that ESI may terminate this license at any time for any reason or no reason.

 

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

 

We make no representations, warranties or guarantees, whether express or implied, that any ESI Content (including User Content) is accurate, complete or up to date. Where our Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content (as defined below)).

 

User-Generated Content

 

Users may be permitted to upload or transmit content through the Services (“User Content”). The information and materials in the User Content have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

 

Whenever you make use of a feature that allows you to upload or transmit User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out at “Your use of our Services” above. You may also choose to upload or transmit your User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your use of our Services” above.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any User Content will be considered non-confidential and non-proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Services. You warrant that your User Content is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You or the owner of your User Content still own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorize others user of the Services and other third-parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

 

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We, or authorized third parties, reserve the right to cut, crop, edit, merge with User Content posted by other users or refuse to publish, your content at our or their sole discretion. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at “Your use of our Services” above.

 

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

 

If you wish to complain about information and materials uploaded by other users please contact us at report@pokerhouseparty.com

 

 

ESI shall use reasonable commercial effort to remove from our Services any infringing material that we become aware of. It is ESI’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

 

Disclaimers

 

ESI makes no warranty and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

 

 

 

ESI has no obligation to monitor the Services for inappropriate or illegal use by you and/or by other Users, including without limitations, the posting of User Content not in compliance with these Terms. However, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with us or with other Users when you are using the Services (including without limitation your communications through video chat).

 

ESI shall not be responsible for the outcome of the Poker games played by you through the Services. In addition, ESI shall not be responsible to any communications and/or other relationships and dealings between you and any other User and shall bear no liability to any damage or costs which you may incur as a result of your usage of the Services and/or engagement with other Users, including without limitations, as a result of any Users’ actions or omissions.

 

If you have a dispute with another User, then to the full extent of the law applicable to you, you hereby release the ESI Parties (as defined below) 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.

 

Indemnity

 

You agree to defend, indemnify, and hold harmless ESI, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

 

EXCLUSION OF WARRANTIES

 

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

 

THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

 

YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

 

ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

 

THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

 

LIMITATION OF LIABILITY

 

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

 

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT PAID BY YOU, IF ANY, TO ESI WITHIN THE LAST SIX MONTHS.

 

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

 

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;

 

ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

 

THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

 

YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

 

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

 

WE WILL NOT BE LIABLE FOR ANY DAMAGE ON YOUR DEVICE OR DIGITAL CONTENT BELONGING TO YOU WITH THE USE OF THE SERVICES;

 

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

YOU ARE RESPONSIBLE FOR ANY INTERNET AND/OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

 

Other Terms

 

Entire Agreement. These Terms constitute the whole legal agreement between you and ESI and govern your use of the Services and completely replace any prior agreements between you and ESI in relation to the Services.

 

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website in which you are linking must comply in all respects with the content standards set out at “Your use of our Services” above. We reserve the right to withdraw linking permission without notice.

 

No Children. The Platform is only for people 16[AC1]  years old and over (except that with respect to people in the United States, this restriction will only be for people 13 years old and over). By using the Platform, you confirm that you are over the age of 16 (or 13 for people in the United States). If we learn that someone under the age of 16 (or 13 for people in the United States) is using the Platform, we will terminate that user’s account.

 

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

 

Security. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You should use your own virus protection software.

 

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

 

Governing Law. The laws of the Hong Kong Special Administrative Region shall govern the Terms’ validity, construction, effect and enforcement.

 

Jurisdiction. You agree that we have sole discretion in choosing the jurisdiction and venue of the court where all claims or disputes arising out of this Terms shall be adjudicated, including, without limitation, the enforcement of this Terms. Accordingly:

  1. You submit to the jurisdiction and venue of courts that we shall in our sole discretion selects;

  2. You waive objection to proceeding before the jurisdiction and venue of the courts that we shall in our sole discretion selects on grounds of inconvenient forum, and

  3. You agree that a judgment or order entered by the jurisdiction and the court that we shall in our sole discretion selects in connection with this Terms is conclusive and binding and may be enforced in the courts of any other jurisdiction.

 

Any Questions? Get in touch at feedback@pokerhouseparty.com