1 General Terms & Conditions of Use
Last update: 24th February 2015
Welcome to www.pokersnowie.com.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WWW.POKERSNOWIE.COM WEBSITE AND/OR ANY POKER SNOWIE SERVICE (INCLUDING ANY DOWNLOADABLE PROGRAM OR APPLICATION AVAILABLE THROUGH THIS SITE OR ANY OTHER SITE FROM WHERE THE PROGAMS OR APPLICATIONS ARE AVAILABLE), AND BEFORE USING ANY SUB-DOMAINS AND/OR LINKS CONTAINED THEREIN. THESE TERMS AND CONDITIONS APPLY TO YOU AS A WRITTEN BINDING AGREEMENT. PLEASE DO NOT SUBSCRIBE TO, CONTINUE TO ACCESS OR USE THE WEBSITE, SOFTWARE OR OTHER DOWNLOADABLE ADD-ON OR APPLICATION OR SERVICES IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS.
1.1 The Operator
This website and software programmes and applications available therein and having as their primary domain name www.pokersnowie.com (and all sub-domains thereof) ("the Website") licensed to and operated by Snowie Games Ltd (C56838), Advance House, Level 4, 375 Manwel Dimech Street, Sliema, SLM 1058, Malta. (hereinafter the "Operator").
Any requests addressed exclusively to the Operator may be sent in the following manner:
- E-mail: email@example.com
- By traditional mail: Snowie Games Ltd, Advance House, Level 4, 375 Manwel Dimech Street, Sliema, SLM 1058, Malta.
1.2 Binding Agreement
This legal document applies to You and all persons who use this Website (including all services, software downloads, add-ons and applications ("the Services") available on or via the Website or any other third party site). For avoidance of any doubt, unless otherwise stated, reference in these Terms and Conditions to the term "Website" means and includes reference to the Services and the software, add-ons and applications (the "Software") offered by the Operator and available for download including but not necessarily limited to PokerSnowie, PokerTrainer and PreflopAdvisor. Only use the Website if you wish to be legally bound by the terms and conditions contained herein and by all other policies, guidelines and rules posted from time to time on the Website and incorporated herein by reference.
These General Terms and Conditions are binding and enforceable indefinitely upon You and any person who accesses or otherwise makes use of the Website, its content and/or Services and the Software. Certain additional terms and conditions may apply to specific types of services or add-ons or applications or software available via the Website. In the event that You subscribe as a specific type of user to make use of some or all of the Services or download and make use of any part of the Software You shall be required to read and accept these General Terms and Conditions together with any special terms and conditions which apply to such specific Services or Software.
The Operator may make changes and update these Terms and Conditions at any time, without notice to you, particularly, but not only, when new content or Services are offered on the Website or if new features augment or enhance the Website or any of the Services or Software or part thereof. Please check the Terms and Conditions posted periodically as your continued use of the Website, Software and Services will mean that you accept these changes and updates. Any amendments or changes to these Terms and Conditions shall be notified to you via email using the registered address which you have provided Us.
Further terms and conditions may be applicable to your specific use of certain Services/Software provided by the Operator and this as regulated by the specific applicable terms and conditions contained in any End User License Agreement which you will need to agree to prior to downloading/using any specific Service or Software.
1.3 Description of Service(s)
The Operator provides users with a number of downloadable software products having a variety of resources including but not limited to (i) poker learning tools and related educational applications (ii) access and storing and backup of historical and hand data relating to certain Software provided by the Operator as well as a number of analytical tools relating to same, (iii) communication and interaction facilities amongst users and the Operator, (collectively referred to as "the Services"). The extent of the Service(s) to which You may have access may be dependent upon your level of membership, the Software provided by the Operator which you are using and respective payment of service fees to the Operator.
1.4 Minimum System Requirements
In order to access and use the Website and Services including the Software, you must obtain access, generally by payment, to the Internet and World Wide Web, either directly or through connected devices. PokerSnowie is available for Windows OS only, while the PreflopAdvisor is available on smartphones and via Web App.
As a minimum, you require the following hardware and system specifications:
For general use of the Website:
- Internet Connection: Broadband internet connection
- Operating System and devices: any device with Internet Browser
- Web Browser: Any modern web browser
- Cookies: Cookies must be enabled so that you can benefit from all the Operator’s Services and functionalities.
For general use of PokerSnowie:
- Internet Connection: Broadband internet connection
- Operating System and devices: any PC with Windows® XP/Windows Vista®/Windows® 7/Windows® 8 (Updated with the latest Service Packs);
- Web Browser: Any modern web browser
- Screen Resolution: minimum of 1280x768 display resolution
- Cookies: Cookies must be enabled so that you can benefit from all the Operator’s Services and functionalities.
For general use of PokerTrainer:
- Internet Connection: Broadband internet connection
- Operating System and devices: IOS 5.0 or higher, on iPad
For general use of PreflopAdvisor:
- Internet Connection: Broadband internet connection
- Operating System: Android 2.2 or higher/Windows Phone 7.1 and 8.0/IOS 4.3 or higher
Cookies are alphanumeric identifiers that are transferred to your computer's (or other internet-connected device’s) hard-drive through your Web browser to enable the Operator’s systems to recognise your browser and to provide certain ancillary services.
Cookies may also be used by the Operator for additional purposes, including:
- Identifying You when you sign-in to the Website or Services (including the Software).
- To provide You with product recommendations, to display personalised content, to recognise you as a registered member; amongst other customised features and services the Operator provides.
- Keeping track of your specified preferences.
- Conducting research and diagnostics to improve the Operator’s content, products and services;
- Preventing fraudulent activities.
- Improving security.
1.5 General Disclaimer"As Is"
You understand and agree that the Website and all Services and Software are provided "as is" without any conditions, warranties or other terms of any kind and that the Operator assumes no responsibility for the timeliness, deletion, faulty delivery or failure to store or backup any data, communications or settings and the Operator excludes any liability of whatever nature for any damages suffered by You for reliance and use of the Services and Software and for the accuracy of any results or data output generated through the Services and the Software.
To the maximum extent permitted by law, the Operator provides you with this Website and all Services and Software on the basis that the Operator excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.Correct Information
While the Operator endeavours to ensure that all information on the Website is correct, the Operator does not warrant the accuracy and completeness of the material on the Website as well as any material related to the Services or the Software, or their fitness for any purpose.
The Operator may make changes to the material on this Website, at any time without notice. The material on this Website may be out of date, and the Operator makes no commitment to update such material. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind.
When accessing or using the Website and or Service(s) or Software You may be requested to provide information and/or data to the Operator. In so doing you agree to provide lawful, true, accurate, current and complete information and to maintain and promptly update the information to keep it true, accurate, current and complete in the event of any mistake or change.
If You provide any information that is untrue, inaccurate, not current, misleading, infringing or incomplete, or the Operator has reasonable grounds to suspect that such information is untrue, inaccurate, not current, misleading, infringing or incomplete, the Operator has the right to suspend or terminate your account (or any account to which you are associated or a member of) and refuse any and all current or future use of the Website and/or Service(s) and/or Software or any part thereof.User Generated Data
You understand that all information, data, text, animation, software, photographs, graphics, messages, hand-history, analytical data or other materials ("User Generated Data"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Generated Data originated. This means that you, and not the Operator, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via the Website and/or the Services and/or Software.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content including any data analysis reports or other information transmitted back to you by the Operator based on certain user generated data submitted by you to the Operator to which the Operator does not provide any warranty of its accuracy or fitness for purpose. Under no circumstances will the Operator be liable in any way for any User Generated Data, including, but not limited, for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, or otherwise transmitted via the Website and/or Services and/or Software. In certain situations, the Operator merely provides the platform for You to publish user-generated data and therefore does not and shall not act as the publisher or editor of such user-generated content. You shall be responsible to ensure that any content generated by You on or through the Website is not unlawful, illegal or in breach of any third-party’s rights. You shall remain at all times responsible as publisher and editor of such user generated data which shall have been generated on or via the Website by You or any re-publications, subsequent publications, copies, or reproductions of same.Licence to Use User-Generated Content
By posting, sharing, uploading, inputting, providing, or submitting any data whatsoever to the Website and/or Services and/or Software You explicitly consent that such personal data may be processed by the Operator only for the specific purpose as listed in the applicable End User License Agreement.Username and Password Security
Upon completion of the registration process for Services and/or Software, you may be required to create a username and/or password and/or to enrol with additional security measures. These requirements and measures are primarily intended to protect you and your data and to ensure general protection of the Operator’s business. You are responsible for preserving the confidentiality and security of such measures and of any password and account.
You are fully responsible for all activities that occur under your password or account and You shall ensure that such username and/or password is not defamatory, offensive, in breach of intellectual property rights or otherwise unlawful. You agree to immediately notify the Operator of any unauthorized use of your password or account or any other breach of security. The Operator cannot and will not be liable for any loss or damage arising from your failure to comply with this section and You shall hold harmless and indemnify the Operator for any damages incurred resulting from your negligence or wilful disclosure of such measures or passwords.Data Retention and Disclosure
You acknowledge and agree that the Operator may process, store and preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of the Operator, the Website, its users, and the public.
1.7 Links & Third-Party Content and Services
You acknowledge that the Operator may, also as a convenience to You, provide links to third-party websites and in addition the Website and Services and Software may provide, or third-parties including end-users may provide, links to other third-party websites, services, content or resources accessible online and over which the Operator (and the Website and Services/Software) has no control. You therefore agree that the Operator is not responsible for the availability of such external websites, services, content or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The linked sites are not under the Operator’s control, and therefore the Operator makes no representations as to the quality, suitability, functionality or legality of any sites to which links are provided. You hereby waive any claim you might have against the Operator with respect to such sites. You further agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such websites, services, content, goods or resources available and therefore you access, use and rely on such content solely and exclusively at your own risk.
Any material downloaded or otherwise obtained through the use of the Website and/or Services and/or Software is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Furthermore, your correspondence or business dealings with, or participation in promotions of, any third-parties including advertisers, sponsors, agents, white-labels or intermediaries including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party but excludes the Operator. Therefore you explicitly agree that the Operator (including the Website and Services/Software) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.Communications
The Operator and/or third-parties may, from time to time, send e-mail messages to you containing advertisements, promotions, and the like. The Operator makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither the Operator nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from the Operator such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Website and Services/Software and that you may not be able to opt out of receiving such communications in every instance if you wish to continue benefitting from the Website Services of the Operator.
1.8 Intellectual Property Rights
You acknowledge and agree that the Operator’s Services and any necessary content used in connection with the Website and Services (including the Software) contain proprietary and confidential information that is protected by applicable intellectual property rights and limitations (including inter alia rights and limitations relating to copyright, trademarks, service rights, design rights, patents, service marks, database rights and rights in preparatory works amongst others) and other laws, whether belonging to the Operator or to third-parties and which may be registered or registrable. All designs, text, graphics and multimedia content available from the domain name URL: https://www.pokersnowie.com and pages within that domain and any sub-domain/s and all related code (including but not limited to HTML, other mark-up languages, and all scripts be it in source code or object code) within this Website are the property of the Operator.
To the knowledge of the Operator all material on the Website, Services and Software, including but not limited to images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by the Operator or by other parties that have licensed their material to the Operator or are posted to the Website pursuant to a user agreement with the Operator regulating intellectual property. Use of such intellectual property is subject to the terms of any license governing such use and any other use beyond that permitted in the licence or under these Terms shall be an infringement of these terms. Where it is not clear whether a licence exists or what the licence terms are, You are obliged to contact the Operator to obtain prior written authorisation to use such intellectual property subject to the terms and conditions in the Operator’s discretion, provided that the Operator reserves the right to refuse, suspend or terminate any such licence or authorisation. Any other use is subject to the obtaining of written prior consent from the rightful owner of the intellectual property. Any licence provided hereunder or pursuant to such Terms is non-exclusive and limited within the territory as may be indicated. The licence is non-transferable and any assignment thereof without the Operator’s consent shall be null and void ab initio. Except as may be permitted in writing the trading, publication of the licence or of the intellectual property is forbidden and is an infringement of these Terms. Copying of such content, services or products or of the intellectual property is forbidden except as is necessary for their proper, reasonable and normal viewing and access and for purposes of creating back-ups. Back-ups are intended to be used only when the original shall no longer be accessible or is no longer functional and shall be used only until the original shall have been reinstated. All back-ups and copies are and shall remain the property of the Operator.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or Software without express written consent. You may not use any meta tags or any other "hidden text" utilising the Operator’s or its affiliates' names or trademarks without the express written consent of the Operator. Any unauthorised use terminates any permissions or licenses granted by the Operator.
Any unauthorised use of the Operator’s intellectual property, whether in the Website, Software or otherwise, or part thereof shall, without prejudice to the Operator’s rights and remedies at law and contract, subject that person who makes such unauthorised use (or attempts, prepares or colludes to make such unauthorised use) to liability for damages pursuant to which a sum equal to the charges which the Operator could have levied had the Operator authorised a licence to use such intellectual property together with commercial late payment interest provided at the highest rate permitted by law. The Operator shall, without prejudice to any other rights it has, be entitled to terminate, suspend or withdraw any services it offers via the Website or Services with immediate effect and without prior notice. The Operator further reserves all rights at law.
Should you choose to submit any ideas, suggestions, documents, and/or proposals ("Submissions") to the Operator through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) the Operator is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) the Operator shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) the Operator may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of the Operator without any obligation towards You; and (vi) You are not entitled to any compensation or reimbursement of any kind from the Operator under any circumstances.Limited Licence
The Operator grants you a limited, personal, non-transferable and non-exclusive right and license to use the Website, Software and Services and content therein for non-commercial purposes provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights.
You agree not to modify the content material in any manner or form, or to use modified versions of the material, including, without limitation, for the purpose of obtaining unauthorized access to the Website and/or the Services and/or the Software. Material and content from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited. You agree not to access the Services by any means other than through the interface that is provided by the Operator for use in accessing the Website and the Services/Software. You agree not to use bots or other technologies to scrape or fish for protected information belonging to the Operator and shall agree to indemnify the Operator in the event of any damages suffered by such unauthorised access. Except as expressly authorized by these Terms and Conditions (or otherwise authorised in writing by the Operator or by the third-party proprietors), You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, the Services or its content, in whole or in part.Trade-marks
The Website domain name, the Operator’s name and logo and service names are property of the Operator and comprise trade-names, trade-marks and/or intellectual property of the Operator, whether registered or registrable. You may not copy, adapt, display or otherwise use the said names, logos or marks except with the prior written consent of the Operator, failing which you may be, in the discretion of the Operator, subject to the payment of retroactive licence fees at market rates without prejudice to such other injunctive relief or rights at law available to the Operator.Exclusions
Except as specifically stated herein, these Terms and Conditions do not and are not intended to create any ownership or intellectual property rights transfer or assignment and any rights in such intellectual property is reserved towards the Operator.Obligation to Inform
You are obliged to notify the Operator immediately if You become aware of:
- any unauthorised use or copying of any intellectual property, content, service or product (or part thereof), or
- any unauthorised access to the Website or any service, product or content, or
- any unauthorised disclosure of intellectual property, or
- or any attempt to commit either of the above.
The Operator respects the intellectual property of others, and asks its content partners and members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Operator’s Website in a way that constitutes copyright infringement, you may notify the Operator by providing the following information:-
- an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published;
- Identification of the URL or other specific location on the Operator’s Website where the material that you claim is infringing is located, including enough information to allow us to locate the material;
- Your name, address, telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
1.9 Legal Use
You are aware that as a result of the global nature of the Internet and World Wide Web the Website and Services are available online and may generally be accessible from anywhere in the world at any time. Access to and use of the Website and/or Services and/or Software thereon may not be legal by certain persons or in certain jurisdictions. Access to and use of the Website and the Services are at your own risk and You are responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Website and/or Services and/or Software. You agree to comply with all local rules regarding online conduct and acceptable content in particular user generated content. The Licensee further understands and is aware that the use, including the interfacing of the Software in conjunction with other Third-Party software or hardware, without the prior consent or authorisation of the Third-Party may be deemed to be unlawful or illegal in particular jurisdictions and/or may be in breach of the rights, conditions or rules of the third-party on whose platform, services, equipment, hardware or software or otherwise the Software is used, interfaced with or otherwise applied to or used in conjunction with, and therefore it shall be your responsibility to ensure that its use of the Software is lawful and not in breach of any third-party rights or applicable laws in some jurisdictions.
1.10 Legal Use & General Limit of Liability
The Operator (which for purposes of this Clause includes any of the Operator's group companies and shareholders, directors, officers, employees, or agents of any of them) and any third-party or entity that may have an affiliation or involvement in the Operator, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental, special or consequential loss or damages including exemplary damages, including any loss of business, income, profits, goodwill, use, data, contracts, or loss or damages including intangible losses (even if the Operator has been advised of same) arising from or connected in any way to business interruption, your inability to use the Website and/or Services and/or Software, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Website or Services/Software, unauthorised access to the Website or Services/Software or alteration of your transmission or data, statements or conduct of any third-party or any other matter relating to the Services/Software, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website or Services/Software in any way or in connection with the use, inability to use or the results of use of this Website or Services/Software, any websites linked to this Website or the material, content or services on such websites, including but not limited to loss or damage due to bugs, viruses or similar technologies that may infect computer hardware, software, data or other property or by the downloading of any material from this Website or any websites linked to this Website.
You shall assume all liability and costs for the use of this Website or Services/Software or any material thereon that results in the need for servicing, repair or correction of equipment, software or data.
In addition, in the event that the Operator is required to use any import/export media in respect of services offered by third-parties, You will bear the entire risk of loss of, or damage to, any such media (including Data) while in transit and you are solely responsible for obtaining insurance at your expense. We have no liability or responsibility with respect to any delay, damage or loss incurred during shipment, including loss of Data. You agree that the third-parties may process data relating to the Operator’s business, including data which may relate to as reasonably required for purposes of carrying out their services.
The Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Services and/or Software (or any part thereof) with or without notice. You agree that the Operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services and it is your obligation to safeguard your data by carrying out periodic back-ups. The Operator may back-up your data from time to time provided however the Operator shall provide to you a back-up facility on the Web Application and therefore you agree to undertake regular back-ups from time to time by means of this back-up facility.
1.11 General Indemnity
You agree to defend, indemnify and hold the Operator, its assignees and successors and each of its respective officers, representatives, directors, employees, agents, licensors and suppliers, harmless from and against any damages, losses, disputes, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, Website or the Services or the Software in a manner that violates or is alleged to violate these Terms and Conditions or is otherwise illicit, unlawful or unauthorised.
The Operator shall provide reasonable notice to you of any such claim, suit, or proceeding, and may at its discretion reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
1.12 Disclaimer of Warranties
You hereby expressly understand and agree that your use of the Website and/or Services and/or Software is at your sole risk on an "as is" and "as available" basis with any faults and failings and without any representation, warranty or guarantee express or implied including without limitation any implied warranty of completeness, quality, merchantability, fitness for a particular purpose or non-infringement. Except as may be explicitly stated in these Terms and Conditions the Operator expressly disclaims all warranties of any kind whether express or implied. Therefore, whilst the Operator endeavours to ensure that the Website and Services perform in accordance with its intended use, the Operator makes no warranty that:-
- the Website and/or Services and/or Software will meet your requirements or are fit for any particular purpose,
- the Website and/or Services and/or Software will be uninterrupted, timely, secure, or error free,
- any results obtained from the use of the Services/Software and generated by the Operator following your request (including data analysis and hand analysis data) are fit for a particular purpose or are accurate or reliable,
- the quality of any products, services, information, or other material obtained by you through the Website and/or Services and/or Software will meet your expectations, and/or
- any errors in the Website and/or Services and/or Software and any content thereon will be corrected.
No advice or information, whether oral or written, obtained by you from the Operator or through or from the Website and/or Services and/or Software shall create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in the Clause entitled "Legal Use & General Limit of Liability" and/or "Disclaimer of Warranties" may not apply to you. You agree however that such exclusions and limitations are reasonable in particular in light of the nature of the information technology communications industry which relies on third-party providers, including power and energy providers for which the Operator cannot be and is not responsible. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, the Operator’s aggregate total liability towards You for all such damages and losses shall be limited to fees, if any, paid during the three months preceding the event giving rise to liability to the Operator by the person suffering loss. In any event, the Operator shall not be held liable for any breach of these Terms and conditions or for any loss, damages or claims resulting from any force majeure or event beyond its reasonable control.
1.13 Service, Application, Software Updates and New Versions
The Operator has the right to amend, alter, upgrade the Website, Services and Software (and or versions thereof) or to replace same with a new version entirely or in part without your prior consent.
1.14 Third-Party Software
You acknowledge and accept that the Operator may apply software, services and/or applications belonging to third-parties for purposes of its Website and/or Services and/or Software and therefore is subject to terms, conditions and policies of such third-parties. In all cases You shall refrain from doing any such act or omission that may jeopardise the relationship of the Operator with such third-party or that may cause any disruption, suspension or termination of service, software or application of said third-party.
In so doing You will provide information or other materials related to You or Your actions and omissions and content as reasonably requested by the Operator to verify your compliance with these terms and conditions. The Operator may monitor your performance and usage of the Website and Services/Software to verify your compliance and may disclose results of such monitoring to the interested third-parties. You will not block or interfere with the Operator’s monitoring. You will reasonably cooperate with the Operator to identify the source of any problem that the Operator reasonably believes may be attributable to You or your content or any matter under your control.
1.15 User Support and Service Levels
The Operator shall endeavour to provide user support as follows:
- by email on firstname.lastname@example.org. The Operator’s policy is to seek to reply to requests or comments as soon as possible but makes no guarantees as to immediate replies or for the provision of solutions or fixes;
The Operator always endeavours to achieve 100% uptime however it is unlikely that this level can ever be achieved due to the infrastructure of the internet, the reliance on third-party service provision, software bugs and other matters relating to the information and communications industry. When the Operator falls short of a 99% uptime level it shall endeavour but does not guarantee to find a turnaround and explain why and how matters may be improved.
1.16 Operator’s Prices & Payment Terms
Any prices or any consideration for the Services and Software offered via the Website by the Operator are currently published on the Website (available at www.pokersnowie.com). Published prices may be subject to VAT and other taxes, if applicable. The Operator reserves the right to negotiate customized prices and special offers in its discretion and/or to amend prices from time to time.
Subscription payments are on a monthly (1 month) or yearly (12 month) basis with automatic monthly /yearly renewals in the event that you choose this option.
Generally payment for the Services/Software offered by the Operator is carried out through third-party services. In addition the Services offered by the Operator may require you to subscribe to the services of said third-party providers to receive and/or make payment. In all cases, by subscribing to the Services/Software, You agree to (i) comply with any terms and conditions, guidelines and other similar rules of such third-party service-providers (including fair use policies) and You will be required to sign up and/or consent to same and (ii) you may be subject to the payment of charges and fees for the services provided by the third-party service-providers as applicable.
The Operator reserves the right to refuse payment by any means and/or to request any other method of payment and to request proof of identity or any other documentation as it deems fit.
You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees the Operator incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge.
To the fullest extent permitted by law, refunds of sums paid to the Operator are at the discretion of the Operator and generally only in the form of credit for the Operator’s Services/Software. Nothing in these Terms obligates the Operator to extend credit to any party.
The Operator does not store your credit card details however you acknowledge and agree that any related billing and payment information that you provide to the Operator may be shared by the Operator with companies who work on the Operator’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to the Operator and servicing your account. The Operator may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. The Operator shall not be liable for any use or disclosure of such information by such third parties. The Operator reserves the right to discontinue the provision of the Operator Services to you for any late payments and/or to charge commercial legal interests on outstanding amounts.Cancellation Rights
You explicitly acknowledge and agree that in terms of the applicable Distance Selling Regulations the performance of the Services/Software provided on the Website by the Operator begin immediately upon accepting the applicable Terms and Conditions and/or EULA and prior to the expiry of the statutory fifteen day cancellation period (also known as the 'cooling off period’) and therefore, taking this into account, no cancellation right shall apply except as may be otherwise accepted in the sole discretion of the Operator. Furthermore, no cancellation right shall apply if the User would have submitted or uploaded hand histories for analysis or evaluation.
1.17 Assignment or Re-Selling
The Website and Services/Software are offered to You on a personal use and non-commercial use basis.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Website and/or Services and/or Software or part thereof. You may not assign or sell or otherwise dispose of your rights and obligations pursuant to this Agreement except with the prior written consent of the Operator.
Notices to you may be made via either e-mail or regular mail. It is your responsibility to ensure that the Operator always has your updated and valid contact details and to inform the Operator of any changes thereto. The Operator may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Website and/or Services and/or Software.
Confidentiality: Any correspondence with the Operator or any of the Operator’s associated companies, agents, employees, or persons engaged or sub-contracted by the Operator shall be treated as private and confidential and failure to retain such information as private and confidential shall be an infringement of these terms which may cause substantial damages to the Operator.
1.19 Applicable Law
These Terms and Conditions are governed by and shall be construed in accordance with the laws of Malta. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The Operator seeks to resolve all disputes by amicable discussion and therefore in the event of any complaint, problem or concern you are cordially invited to raise the matter with the Operator who may consider the problem and if necessary may appoint an independent mediator to assist the parties in arriving at an amicable solution. Otherwise You expressly agree that the exclusive jurisdiction for any dispute with the Operator, or in any way relating to your use of the Website and/or Services and/or Software, resides in the courts of Malta (EU), and you further agree and expressly consent to the exercise of personal jurisdiction in the competent Maltese courts or tribunals in connection with any such dispute including any claim involving the Operator or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.