Terms & Conditions of Use
TERMS AND CONDITIONS OF USE
This agreement is a legally bidding agreement between you and PokerEnergy (“PokerEnergy.net” or “PokerEnergy.ru” or “we”, or “our”, or “us”). These Terms and Conditions written on this webpage shall manage your use of PokerEnergy. These Terms will be applied fully and affect to your use of PokerEnergy. By using PokerEnergy, you agreed to accept all terms and conditions written in here. You must not use PokerEnergy if you disagree with any of these Terms and Conditions.
Minors or people below 18 years old are not allowed to use PokerEnergy.
Intellectual Property Rights
PokerEnergy and/or its licensors own all the intellectual property rights and materials contained in PokerEnergy.
All elements of PokerEnergy, which include but are not limited to, software, photographs, design, illustrations, artwork, video, music, sound, coding, graphics, technology, processes, text, interfaces, interactive elements, methodology, names, logos, and trademarks, are the property of PokerEnergy or its business partners, affiliates or licensors, or are used with permission, and are protected by copyright, trademark, and other laws. The elements of PokerEnergy may be the subject of other intellectual property rights reserved by PokerEnergy .
You are granted limited license only for purposes of viewing the material contained on PokerEnergy.
This Website is provided “as is,” with all faults, and PokerEnergy express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
The information from PokerEnergy has been compiled from both internal and external sources. No representation is made and no warranty given as to the completeness or accuracy of such information. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. PokerEnergy shall not be liable for any losses, damages or injury resulting from your access to, or inability to access this Internet site, or from your reliance on any information provided in the site.
Orders for the products presented at PokerEnergy are processing manually. After your purchase has been approved we will process your order. Orders are typically processed within one (1) hour but could take as long as one (1) working day to complete. Once your order has been processed we will send you a confirmation email using the email address you provided on our order form.
All physical products are delivered within 15 working days except orders requiring individual fabrication.
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds.
Refund requests made after you have got product are handled on a case by case basis and are issued at our sole discretion.
You are specifically restricted from all of the following:
- publishing any PokerEnergy material in any other media;
- selling, sublicensing and/or otherwise commercializing any PokerEnergy material;
- publicly performing and/or showing any PokerEnergy material;
- using PokerEnergy in any way that is or may be damaging to PokerEnergy;
- using PokerEnergy in any way that impacts user access to PokerEnergy;
- using PokerEnergy contrary to applicable laws and regulations, or in any way may cause harm to the PokerEnergy, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to PokerEnergy;
- using PokerEnergy to engage in any advertising or marketing.
Certain areas of PokerEnergy are restricted from being access by you and PokerEnergy may further restrict access by you to any areas of PokerEnergy, at any time, in absolute discretion. Any user ID and password you may have for PokerEnergy are confidential and you must maintain confidentiality as well.
All Software and services selling in PokerEnergy is intended to be used in strict compliance with all statutes, laws, rules, regulations and terms of service (collectively, "TOS") promulgated by third parties (including but not limited to all governmental entities, third-party networks and/or internet sites) in relation to which the Software is used by You in any way. You agree You will comply with the TOS of all third parties and Your failure to do so is a breach of this EULA. You agree to indemnify PokerEnergy, and the employees, owners, directors, representatives, suppliers, agents, service providers and business partners of PokerEnergy from and against any failure by You to comply with all TOS and for all losses, damages and all reasonable expense and costs, including legal fees, incurred by PokerEnergy or them in any claims and/or damages arising out of the breach of any of Your obligations under any TOS.
If You have downloaded or are using an evaluation, free or trial version of the Software, You are entitled to use the Software, free-of-charge, strictly for the sole purpose of evaluating the features and usability of the Software. The evaluation version may not have all the features that are available in a commercial version. Furthermore, the limited warranties in section 6 below will not apply to the evaluation version of the Software.
There is no guarantee or promise that You will make a certain amount of money, or any money, or not lose money, as a result of using products and services presented at PokerEnergy. Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond PokerEnergy control, including variables we or You have not anticipated. There are no guarantees concerning the level of success You may experience; each person's results will vary.
Limitation of liability
In no event shall PokerEnergy, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of PokerEnergy whether such liability is under contract. PokerEnergy, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of PokerEnergy.
You hereby indemnify to the fullest extent PokerEnergy from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
PokerEnergy is permitted to revise these Terms at any time as it sees fit, and by using PokerEnergy you are expected to review these Terms on a regular basis.
These Terms constitute the entire agreement between PokerEnergy and you in relation to your use of PokerEnergy, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Bulgaria, and you submit to the non-exclusive jurisdiction of the country and federal courts located in Bulgaria for the resolution of any disputes.
Any notice, request, authorization, direction, form or other communication from You to PokerEnergy under this Agreement shall be given in writing and be delivered to the intended recipient by e-mail, in Your case, at the e-mail address You specified when You registered at PokerEnergy, and if sent to: