|
| 1 | +## Terms and Conditions |
| 2 | +Last updated: January 13, 2021 |
| 3 | + |
| 4 | +Please read these terms and conditions carefully before using Our Service. |
| 5 | + |
| 6 | +## Interpretation and Definitions |
| 7 | +### Interpretation |
| 8 | +The words of which the initial letter is capitalized have meanings defined under the following conditions. |
| 9 | +The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. |
| 10 | + |
| 11 | +### Definitions |
| 12 | +For the purposes of these Terms and Conditions: |
| 13 | + |
| 14 | +- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" |
| 15 | +means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of |
| 16 | +directors or other managing authority. |
| 17 | + |
| 18 | +- Country refers to: Georgia, United States |
| 19 | + |
| 20 | +- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Open Poker. |
| 21 | + |
| 22 | +- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. |
| 23 | + |
| 24 | +- Service refers to the Open Poker plugin. |
| 25 | + |
| 26 | +- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement |
| 27 | + between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created |
| 28 | + with the help of the Terms and Conditions Generator. |
| 29 | + |
| 30 | +- Plugin refers to Open Poker, accessible from https://github.com/aprey10/open-poker |
| 31 | + |
| 32 | +- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such |
| 33 | + individual is accessing or using the Service, as applicable. |
| 34 | + |
| 35 | +## Acknowledgment |
| 36 | +These are the Terms and Conditions governing the use of this Service and the agreement that operates between |
| 37 | +You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the |
| 38 | +use of the Service. |
| 39 | + |
| 40 | +Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. |
| 41 | +These Terms and Conditions apply to all visitors, users and others who access or use the Service. |
| 42 | + |
| 43 | +By accessing or using the Service You agree to be bound by these Terms and Conditions. |
| 44 | +If You disagree with any part of these Terms and Conditions then You may not access the Service. |
| 45 | + |
| 46 | +Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy |
| 47 | +of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of |
| 48 | +Your personal information when You use the Application or the Plugin and tells You about |
| 49 | +Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. |
| 50 | + |
| 51 | +## Termination |
| 52 | +We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, |
| 53 | +including without limitation if You breach these Terms and Conditions. |
| 54 | + |
| 55 | +Upon termination, Your right to use the Service will cease immediately. |
| 56 | + |
| 57 | +## Limitation of Liability |
| 58 | + |
| 59 | +To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for |
| 60 | +any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for |
| 61 | +loss of profits, loss of data or other information, for business interruption, for personal injury, |
| 62 | +loss of privacy arising out of or in any way related to the use of or inability to use the Service, |
| 63 | +third-party software and/or third-party hardware used with the Service, or otherwise in connection with |
| 64 | +any provision of this Terms), even if the Company or any supplier has been advised of the possibility |
| 65 | +of such damages and even if the remedy fails of its essential purpose. |
| 66 | + |
| 67 | +Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or |
| 68 | +consequential damages, which means that some of the above limitations may not apply. In these states, |
| 69 | +each party's liability will be limited to the greatest extent permitted by law. |
| 70 | + |
| 71 | +## "AS IS" and "AS AVAILABLE" Disclaimer |
| 72 | +The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. |
| 73 | +To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its |
| 74 | +Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, |
| 75 | +whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of |
| 76 | +merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of |
| 77 | +course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company |
| 78 | +provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your |
| 79 | +requirements, achieve any intended results, be compatible or work with any other software, applications, systems or |
| 80 | +services, operate without interruption, meet any performance or reliability standards or be error free or that any |
| 81 | +errors or defects can or will be corrected. |
| 82 | + |
| 83 | +Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or |
| 84 | +warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, |
| 85 | +content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) |
| 86 | +as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that |
| 87 | +the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, |
| 88 | +trojan horses, worms, malware, timebombs or other harmful components. |
| 89 | + |
| 90 | +Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory |
| 91 | +rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. |
| 92 | +But in such a case the exclusions and limitations set forth in this section shall be applied to the |
| 93 | +greatest extent enforceable under applicable law. |
| 94 | + |
| 95 | +## Governing Law |
| 96 | +The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. |
| 97 | +Your use of the Application may also be subject to other local, state, national, or international laws. |
| 98 | + |
| 99 | +## Disputes Resolution |
| 100 | +If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. |
| 101 | + |
| 102 | +## For European Union (EU) Users |
| 103 | +If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country |
| 104 | +in which you are resident in. |
| 105 | + |
| 106 | +## United States Legal Compliance |
| 107 | +You represent and warrant that (i) You are not located in a country that is subject to the United States government |
| 108 | +embargo, or that has been designated by the United States government as a "terrorist supporting" country, |
| 109 | +and (ii) You are not listed on any United States government list of prohibited or restricted parties. |
| 110 | + |
| 111 | +## Severability and Waiver |
| 112 | +### Severability |
| 113 | +If any provision of these Terms is held to be unenforceable or invalid, |
| 114 | +such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest |
| 115 | +extent possible under applicable law and the remaining provisions will continue in full force and effect. |
| 116 | + |
| 117 | +### Waiver |
| 118 | +Except as provided herein, the failure to exercise a right or to require performance of an obligation under this |
| 119 | +Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter |
| 120 | +nor shall be the waiver of a breach constitute a waiver of any subsequent breach. |
| 121 | + |
| 122 | +## Translation Interpretation |
| 123 | +These Terms and Conditions may have been translated if We have made them available to You on our Service. |
| 124 | +You agree that the original English text shall prevail in the case of a dispute. |
| 125 | + |
| 126 | +## Changes to These Terms and Conditions |
| 127 | +We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. |
| 128 | +If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new |
| 129 | +terms taking effect. What constitutes a material change will be determined at Our sole discretion. |
| 130 | + |
| 131 | +By continuing to access or use Our Service after those revisions become effective, |
| 132 | +You agree to be bound by the revised terms. If You do not agree to the new terms, |
| 133 | +in whole or in part, please stop using the Plugin and the Service. |
| 134 | + |
| 135 | +## Contact Us |
| 136 | +If you have any questions about these Terms and Conditions, You can contact us: |
| 137 | + |
| 138 | +By email: open.poker.plugin@gmail.com |
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