Poqery.Com Terms And Conditions
1. ACCEPTANCE OF TERMS
Poqery.com, (hereafter called "Poqery") is owned and operated by RollJam Ltd, provides its service to you, subject to the following Terms of Service ("Agreement"), which may be updated by us from time to time without notice to you, but always posted here. The purpose of this Agreement is to regulate the legal relationship between Poqery, and you in relation to your use of the Software, Services, Subscriptions and Games, hereafter called "The Service". If you have any questions, you are encouraged to seek independent legal advice in your jurisdiction prior to agreeing with the terms and conditions. By accepting the terms and conditions of this Agreement upon registration and/or continuing to access and/or use The Service you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN CLAUSES 20, 21 and 22 and to any posted guidelines or rules applicable to The Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by Reference into the Agreement. If you do not agree with any of the terms of this Agreement you must not register an account with Poqery and you must not use or continue to use The Service.
2. DESCRIPTION OF SERVICE
2.1 You can only use The Service if you are of the legal age of majority as determined by the law of the country from where you live and/or access the Service (the “Local Jurisdiction”). You cannot use The Service if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local Jurisdiction, or if use of The Service is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use the version of The Service that can be played for fun or practice, and not for real money, offline.
2.2 The Service is only available to you if use of The Service is permitted in the Local Jurisdiction. Poqery does not intend that anyone should use The Service where such use is illegal. The availability of The Service does not constitute an offer or invitation by Poqery to use The Service in any country in which such use is illegal. Use of The Service and participation in its games is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF THE SERVICE IS LEGAL IN THE LOCAL JURISDICTION. If your use of The Service is illegal you will not be entitled to collect any winnings and Poqery reserves the right to recover any winnings already received by you and/or by anyone acting on your behalf and to report you to the relevant authorities.
2.3 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Poqery services, shall be subject to the Agreement. You understand and agree that The Service is provided "AS-IS" and that Poqery assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2.4 You are responsible for obtaining access to The Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access The Service.
NOTE To UK Residents: Due to the requirements of UK Law, UK residents may enjoy the Poqery game play but shall not be entitled under any circumstances, either directly or indirectly, to withdraw cash or win prizes nor use the Poqery player exchange information service or exchange game currency with any party for cash or money's worth
3. REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
3.1 In consideration for the rights granted to you to use The Service you warrant, represent and covenant with The Service Providers (and acknowledge that The Service Providers are relying on such warranties, representations and covenants) that:
You are of sufficient legal age, and are legally allowed, to use The Service in the local jurisdiction;
you are not classified as a compulsive gambler;
you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play or will play on the The Service;
you will not manage directly or indirectly more than one account, regardless of the ownership of those accounts and when they are in operation;
you will not operate more than one account per household.
Your use and interest in The Service is personal, and not professional and that you are only using The Service for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of The Service is strictly prohibited;
You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on your winnings from The Service;
You agree and acknowledge that you will not provide any information or make any statement to Poqery that is untrue, false, incorrect or misleading. Any and all information that you have provided to Poqery is true (and will continue to be true) in every respect throughout the term of this Agreement and you agree to duly notify Poqery of any changes to such information immediately;
You agree and acknowledge that you will not provide any information or make any statement to any advertiser or sponsor, represented on or found through Poqery, that is untrue, false, incorrect or misleading.
You will not use the Software to engage in any activity, which you know, or reasonably ought to know, will (or may) be illegal in your Local Jurisdiction.
You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access The Service or use the Software.
You fully understand the methods, rules, and procedures of The Service and, where and when appropriate, will seek advice or help when using The Service.
By accepting any winnings, you consent to Poqery’s use of your name for advertising and promotional purposes without additional compensation except where prohibited by law.
You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of The Service and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on Poqery's website from time to time. Your participation in any promotions shall be deemed as consent to the applicable rules and terms set out in connection with the respective promotion.
3.2 You agree to fully indemnify Poqery and hold The Service Providers harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) use of The Service or (b) acceptance of any winnings or (c) any breach of this Agreement.
3.3 If you breach this Agreement or Poqery has any reasonable grounds for suspecting that you have breached the Agreement, in addition to any other remedies available to Poqery, Poqery may permanently close your account and withhold payment on any balance.
4. Poqery PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.
5. USERNAME, PASSWORD & SECURITY
You will create a Username and Password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the Password and account, and are fully responsible for all activities that occur under your Password or account. You agree to
(a) immediately notify Poqery of any unauthorized use of your Password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Poqery cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Poqery does not generally provide details of your Account to third parties, however, Poqery reserves the right to:
release any information with respect to your Account to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
provide details of Account to the police or other investigatory agency pursuant to a request issued by them;
seek verification of any information provided by you in relation to your Account; or
provide details of your Account and/or your use of the The Service to a third party for the purposes of providing you with the The Service or to a successor in title to the Poqery’s business
6. THE SERVICE RULES
6.1 By registering at Poqery.com, you will be able to access play for V-Currency (see definition of "V-Currency" in section 10) games of varying different types and rules, hereafter and collectively called "Games".
6.2 The Games will be played pursuant to generally accepted casino game rules as specifically set out in the gaming rules and procedures section of the Poqery.com website, as well as other sections of the Poqery.com website and Software, including but not limited to various promotions and promotional tournaments.
6.3 Complimentary or bonus amounts credited by Poqery, if any, into your Account for promotional purposes may only be used to play in the Games and you are not entitled to withdraw such amounts without first complying with the additional terms and conditions of use set forth in each bonus offering. Further, Poqery reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified.
6.4 Your account balance ("Account Balance") is the amount of accrued V-Currency winnings or losses from playing the Games, less any amounts previously cashed out by you or amounts forfeited or reclaimed by Poqery. All V-Currency winnings may take up to 24 hours to appear in your Account. Except as otherwise required by each bonus restriction or our security team, you may request to withdraw any or all of your Account Balance at any time and there is no requirement to play the Games in order for you to make such request. All amounts cashed out are subject to the transaction limits and processing fees as set forth at Poqery.com and may change from time to time in Poqery's sole discretion. Further, Poqery may report and withhold any amount from winnings as required by law, and in any event, all federal, state and local taxes due in connection with any winnings awarded to you are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds withdrawn shall be made by check, wire, credit card and/or any other manner, which Poqery selects, in its sole discretion, not to exceed $100 USD in value in any given month or payout processing cycle, whichever the greatest. That value calculated at Poqery's sole discretion and to include all sources, physical, virtual, and actual, both in currency and in-kind prize payouts. Payments will be made as promptly as possible, subject to any reasonable necessary security reviews by Poqery.
6.5 In order for you to receive any bonuses or prizes, you may be required to receive money from us. Poqery reserves the right to sub contract and use third party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you irrevocably authorize us, as necessary; to instruct such ESPs to handle withdrawals from your Poqery Account. Further, you agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between this Agreement and the ESP's terms and conditions of use, then this Agreement shall prevail.
6.6 To maintain a high level of security, Poqery reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. As such you authorize us and our agents to make any inquiries with any third party, we and they consider necessary to validate the information you provide to us. This may include ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security checks, you agree to provide such identification or other information or documentation as Poqery, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Poqery reserves the right to void your Account. You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.
6.7 Poqery reserves the right to refuse or limit any player activity associated with any Games in its sole discretion.
6.8 If Poqery finds any evidence or has any suspicion that you have attempted or intend to undertake any of the foregoing or have otherwise tampered or will otherwise tamper with The Service or the operation of The Service in any way, in addition to any other remedies available to it, Poqery may withhold payment of any prizes or winnings.
6.9 As part of The Service, Poqery may provide other games and/or services from time to time.
6.10 All games, unless modified by Poqery, will be operated and played in accordance with the rules formulated by Poqery as applicable.
6.11 Poqery may, in its absolute discretion, alter or amend or withdraw any game from The Service or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of The Service, or individual games.
6.12 Poqery reserves the right to terminate your access to The Service at any time, for any reason.
7. MEMBER CONDUCT
All communications should be in English. You acknowledge that Poqery does not pre-screen Content, but that Poqery reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.
Specifically, you agree NOT to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy or publicity rights, or that would constitute or encourage a criminal offense, or give rise to liability, that is hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Poqery official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising, or solicitations of any kind or nature.
e. solicit other Poqery' users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise)
f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through The Service;
g. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as our shopping mall or classified ad sections) that are designated for such purpose;
j. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of The Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
l. interfere with or disrupt The Service or servers or networks connected to The Service, or disobey any requirements, procedures, policies or regulations of networks connected to The Service;
m. intentionally or unintentionally violate any applicable local, state, national or international law,
n. "stalk" or otherwise harass another; or
o. collect or store personal data about other users.
p. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of The Service, use of The Service, or access to The Service.
q. Cheat or utilize third-party games or code in order to gain awards at, or gain Points from, or change Rankings from any Poqery tournament. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Poqery, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Poqery does not control the Content posted via The Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Poqery makes every effort to moderate postings. However, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable;
However, we appreciate that you inform Poqery about abuse so we can deal quickly and appropriately with it. Under no circumstances will Poqery be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The Service.
You acknowledge and agree that Poqery may 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 the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Poqery, its users and the public. You understand that the technical processing and transmission of The Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. ARTIFICIAL INTELLIGENCE
8.1 Poqery is committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on our site. Such programs are often designed to send information about cards, dice or players to an external program. Information sent to an outside program is not permitted. Poqery will take measures to prevent and detect the use of such programs using methods including but not limited to screen scraping or reading all associated data storage devices or reading the list of currently running programs on a player’s computer for information directly related to such programs, where we have a reasonable belief such information will protect the interest of the players and fair play at Poqery.
8.2 The user agrees to allow Poqery to upload and store this information for the use described above.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Poqery does not claim ownership of Content you submit or make available for inclusion on The Service except where stated otherwise. However, with respect to all other Content you submit or make available for inclusion on publicly accessible areas of The Service, you grant Poqery the following world-wide, royalty free and exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Poqery (including but not limited to: photos, graphics, audio or video), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The Service. This license exists only for as long as you elect to continue to include such Content on The Service and will terminate at the time you remove or Poqery removes such Content from The Service.
With respect to Content other than photos, graphics, audio or video that you submit or make available for inclusion on publicly accessible areas of The Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Publicly accessible areas of The Service are those areas of the Poqery network of properties that are intended by Poqery to be available to the general public.
10. SITE PROMOTIONAL CURRENCIES, including but not limited to "FreeD", "Mynt" and "Bonus Chips" (hereafter "V-Currency")
10.1 V-Currency will be awarded by Poqery in accordance with terms listed on the Poqery website. Such terms may be amended from time to time and interpreted by Poqery at its sole discretion. Beneficiaries will not be notified of any changes to these terms or their V-Currency allocation but can check the Poqery website for the accumulated number of V-Currency and the current terms.
10.2 You have 7 business days from the day that V-Currency are awarded to your account to contest the number of V-Currency awarded and to provide written notice to Poqery of any error in the number of V-Currency awarded. After 7 business days after the date of the award, you will be considered to have irrevocably accepted the number of V-Currency awarded and waive any rights to contest the number at a later date.
10.3 All V-Currency will be issued on a free of charge basis and have a nil current value. In themselves, V-Currency have no intrinsic value but may be used to indicate a players’ right to participate in future promotions or activities.
10.4 Any projected valuation of V-Currency are purely a hypothetical concept based on events or promotions that may not transpire. As such, these projected valuations are neither a market place to transact the V-Currency or an indication for others to do the same. Poqery reserves the right to change these projected valuations, and/or the criteria for these projected valuations, at any time and without prior notice.
10.5 Any returns either monetary or in kind, due to V-Currency awards will be distributed on a schedule to be determined at Poqery’s absolute discretion. There is no guaranteed payment associated with the V-Currency and past allocations are not an indication of future payments.
10.6 Any returns will be made to the Player’s Poqery account
10.7 Any projected or estimated values that are directly or indirectly indicated within correspondence, the Poqery website or any other communications are not binding and may be retracted at any time. There is no guarantee that the Beneficiaries will receive any economic benefit with respect to receiving V-Currency.
10.8 You have no rights to pass on your entitlement to other persons and forfeit all rights at death at which point your V-Currency allocation and future rights will be cancelled
10.81 Use of Player-to-Player transfers, Player-to-Player Exchange and similar mechanisms to transfer Virtual -Items or V-Currency is strictly on the understanding that such mechanisms will only be used in good faith in order to facility another player's ability to play on Poqery. These and any other mechanisms will not be used for unintended purposes such as, but not limited to, bypassing withdrawal limitations, triggering bonuses or any other purpose the site determines is detrimental to the fairness of the game, the financial well being of the site or third parties.
10.9 You will be responsible for paying any due taxes on your entitlement.
10.10 You must agree to receive all communication via email.
10.11 You must maintain your active player account to keep your allocation of player awarded V-Currency. You will forfeit any associated V-Currency if your account is deemed to have lapsed, become inactive or have been terminated. The definition of an inactive player account may be found in clause 10.14. Such terms may be amended from time to time and interpreted by Poqery at its sole discretion. You will not be notified of any changes to these terms but can check the Poqery website for the current terms.
10.12 Your referral must maintain their active player account for you to keep your allocation of referral awarded V-Currency. You will forfeit any associated V-Currency if the referral’s account is deemed to have lapsed, become inactive or have been terminated. The definition of an inactive player account may be found in clause 10.14. Such terms may be amended from time to time and interpreted by Poqery at its sole discretion. You will not be notified of any changes to these terms but can check the Poqery website for the current terms.
10.13 You will forfeit all rights to V-Currency promised or already allocated from any source if this agreement is deemed to have lapsed, become inactive or have been terminated for any reason whatsoever.
10.14 You agree to indemnify, hold harmless, not to sue, and agree that you have no legal right to any action against Poqery, associated companies, directors, agents or service providers with regard to the V-Currency offering, associated payments, prizes or promotions.
11. VIRTUAL ITEMS
11.1 The Service may include an opportunity for you to earn, buy, or use virtual in-game digital goods or items ("Virtual Items") or to obtain other goods or services. You may be required to pay a fee using “real world” money or V-Currency to obtain a license to use Virtual Items. You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits. Virtual Items are not real money, do not have monetary value, and may never be redeemed for real world money, or other items of monetary value from outside of the Services without Poqery's written permission.
11.2 Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
11.2 All Virtual Items are forfeited if: your account or access to the Services is terminated or suspended for any reason, in Poqery's sole and absolute discretion; Poqery discontinues availability of the Service.
11.4 You agree that all sales of Virtual Items are final. No refunds will be given, except at Poqery's sole and absolute discretion. Poqery has no liability for hacking or loss of your Virtual Items or any goods or services. Poqery has no obligation to, and will not, reimburse you for any Virtual Items or any goods or services obtained via Virtual Items, V-Currency or other virtual currency that are lost due to your violation of these Terms. Poqery reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Items and to refuse to provide you with any Virtual Items.
12. ABANDONMENT OF ACCOUNT AND/OR ACCOUNT BALANCE
12.1 If you do not access your Poqery account by "logging in" to your Account through the Poqery software, using your User ID and password, for a period of ninety (90) days, at Poqery's sole discretion your Account Balance may be deemed abandoned and forfeited. Such requirement for log in is not and does not constitute any requirement whatsoever for you to play any Game or participate in any activity at Poqery other than logging in.
12.2 If you do not access your Poqery account by "logging in" to your Account through the Poqery software, using your User ID and password, for a period of one (1) year, at Poqery's sole discretion your Account may be deemed abandoned and as a result, closed, with all associated records deleted. Such requirement for log in is not and does not constitute any requirement whatsoever for you to play any Game or participate in any activity at Poqery other than logging in.
12.3 Terms 11.1 and 11.2 will not apply whilst you are an active Premium Member subscriber, as described and verified by Poqery. In those circumstances both your account balance and account details will be maintained regardless of login activity for the entire period of your Premium Member subscription. If and at such time that your subscription periods ends, both terms 11.1 and 11.2 will be applied based on your last login date.
13. ERRORS & OMMISSIONS
13.1 If there is any discrepancy between the gaming results on your computer and the results on the game server for The Service, the results on the game server for The Service shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Account, the balance held on Poqery’s server is deemed to be the balance in your Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your Account that result from human error or technical default.
13.2 If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Poqery or (b) any bug, defect or error in the Software or (c) the failure of The Service to operate in accordance with the rules of The Service then the Poqery will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you by Poqery as a result of such error or mistake.
13.3 Poqery and their respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors and employees will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.
14. INDEMNITY
You agree to indemnify and hold Poqery, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of The Service, your connection to The Service, your violation of the Agreement, or your violation of any rights of another.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Poqery may establish general practices and limits concerning use of The Service, including but not limited to the maximum number of days that any uploaded Content will be retained by the Service, and the maximum disk space that will be allotted on Poqery' servers on your behalf. You agree that Poqery has no responsibility or liability for the deletion or failure to store any information and other communications or other Content maintained or transmitted by The Service. You acknowledge that Poqery reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Poqery reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. MODIFICATIONS TO SERVICE OR PRICE OF SERVICE
Poqery reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice. You agree that Poqery shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Service.
Poqery reserves the right at any time to modify the fees charged for The Service, or any part of The Service thereof without notice. Current service members will not be affected by any new rate until the arrival of their membership renewal date. Anyone who does not wish to participate in The Service at the new rates has the option to terminate their membership according to the termination procedure outlined below.
17. TERMINATION OF MEMBERSHIP
17.1 This Agreement is effective from the date you click on the "REGISTER" button and it shall continue in effect until terminated in accordance with its terms.
17.2 Poqery may terminate this Agreement at any time, and for any reason whatsoever in its sole and absolute discretion with or without notice to you. In particular Poqery may immediately terminate this Agreement without notice if:
you fail or refuse to pay any amount due to Poqery;
you breach any of the terms of this Agreement in any way including your representations, warranties or covenants given in this Agreement;
any statement or information you provide to The Service Providers is untrue, false or misleading whether now or at any time that you play at The Service
you are committing any offence; or
you cause to be published on, and/or sent via, the Site or through any other means any actual or potentially defamatory, offensive, harmful or obscene language or material.
your account is deemed inactive or abandoned as defined in section 11 of this Agreement.
17.3 You may terminate this Agreement at any time by prior written notice by Contacting Us and listing your full account details (Username, First Name, Last Name, Registered Email Address, Residential Address) so we can verify your proper authority. You must also include a clear message of your intention to terminate the agreement.
17.4 Termination of additional services such as Premium Membership, may require separate and additional actions on your part to ensure no further payments are taken from your credit card or ESP where those payments are managed by the credit card or ESP. Termination of any additional services such as Premium Membership will not entitle you to any refund on any remaining period or balance. Poqery takes no responsibility or liability for any payments made after you have requested the Termination of this Agreement or Premium Membership. Poqery will credit you for any erroneous payments at its sole discretion and minus any costs and transaction fees.
17.5 On termination of this Agreement you shall immediately:
discontinue use of The Service and any associated software or games;
pay all amounts due and owing to Poqery; and
certify destruction of, all full or partial copies of the software, related documentation and materials in your possession, custody power or control.
17.7 On termination of this Agreement any balance in your account, virtual items won or purchased, or remaining subscription period will forfeited by you. If this Agreement is terminated as a result of your default then you will be liable to Poqery for any damages suffered.
18. DEALINGS WITH ADVERTISERS AND SPONSORS
18.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Service, 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 advertiser. You agree that Poqery shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on The Service.
18.2 Poqery makes no claims, endorsements, assertions, warrantees or other guarantees regarding offers or services supplied by sponsors or advertisers. Any description by Poqery should be considered incomplete and are subject to change at any time. Such descriptions cannot be used as a basis of any decision by you in regard to the purchase or take up of any offer or service. You agree that any purchase or relationship entered by you with any advertiser or sponsor is at your sole discretion. You further acknowledge and agree that Poqery 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 Content, goods or services available on or through any such site or resource.
18.3 Your account may be closed and all funds forfeited if Poqery has any cause to belive you have provided information or made any statement to any advertiser or sponsor, represented on, or found through Poqery, that is untrue, false, incorrect or misleading.
19. LINKS
The Service may provide, or third parties may provide, links to other web sites or resources. Because Poqery has no control over such sites and resources, you acknowledge and agree that Poqery is not responsible for the availability of such external sites 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 sites or resources. You further acknowledge and agree that Poqery 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 Content, goods or services available on or through any such site or resource.
20. Poqery'S PROPRIETARY RIGHTS
20.1 You acknowledge and agree that The Service and any necessary software used in connection with The Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through The Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Poqery or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on The Service or the Software, in whole or in part.
20.2 Poqery grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or a network of computers located within a single building or vessel at a time; 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 right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access The Service by any means other than through the interface that is provided by Poqery for use in accessing The Service.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Poqery EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Poqery MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Poqery OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Poqery SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Poqery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
23. EXCLUSIONS AND LIMITATIONS
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 ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
24. NOTICES
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on The Service.
Notices to Poqery can be emailed to:
support@Poqery.com.
25. TRADEMARK INFORMATION
Poqery, Poqery logos, and other logos and product and service names added to The Service are trademarks of Poqery (the "Poqery Marks"). Without Poqery's prior permission, you agree not to display or use in any manner, the Poqery Marks.
26. COPYRIGHTS
Poqery respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Poqery and provide the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's
27. GENERAL INFORMATION
27.1 This Agreement (in addition to the other terms and conditions that appear on the website) constitutes the entire agreement between you and Poqery and governs your use of The Service, superceding any prior agreements between you and Poqery. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
27.2This Agreement shall be governed by the laws of England and Wales as are in force from time to time including, without limitation, the Electronic Communications Act, 2000 (C.7). By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that Poqery determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement or any service provided by Poqery. Nothing in this paragraph shall prevent Poqery from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction. The failure of Poqery to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27.3 The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.
27.4 Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of this Agreement.
27.5 If Poqery need to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If Poqery uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after Poqery sends it. You agree that you will notify Poqery if your contact details change.
27.6 Poqery shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control.
27.7 You may not assign this Agreement to any third party without Poqery’s prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each of the parties respective successors and assigns. Poqery may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party.
27.8 The original text of this Agreement is in English and any interpretation of this Agreement will be based on the original English text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.
27.9 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the Agreement to our Customer Service group by clicking Here. http://poqery.com/support/
