Terms of Use

1. Acceptance of Terms of Use.

1.1
The following terms and conditions are a legally binding agreement between you (the "User", "you", or any variations thereof) and Playtrex Ltd. (the "Company" "us", "we" or any variations thereof) and shall govern your installation, browsing and/or any other use of Wild Poker©, whether as an application downloadable under (if applicable) the Apple Store©, Google Play©, Microsoft Store©, Facebook© and/or any other form decided upon by the Company, including any online communities and/or forums established by the Company and/or its affiliates in connection with Wild Poker© (collectively: the "Platform").
1.2
By installing, browsing, logging in and/or otherwise using the Platform, the Users accepts and agrees to be bound by these terms and conditions and our Privacy Policy available on http://www.playtrex.com/privacy-policy.html. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU ARE REQUIRED TO REFRAIN FROM USING THE PLATFORM AND TO PROMPTLY UNINSTALL IT FROM YOUR DEVICE (IF APPLICABLE).
1.3
The Company may, at its sole discretion, amend, change or replace these Terms of Use from time to time, without providing the User with any notice of such change. It is the User's responsibility to periodically review these Terms of Use and comply with their provisions. Unless otherwise expressly stated herein, your use of the Platform shall be deemed as your consent to be bound by the most recent version of these Terms of Use and Privacy Policy.

2. Use of Platform.

2.1
The Platform is offered to you solely for leisure and amusement purposes. The Platform is not intended for making any monetary (or any other) gain, nor is it meant to constitute a channel for trade, exchange or sale of Purchased Items (as defined below) and/or any other virtual and/or tangible assets.
2.2
You are granted with a non-exclusive, non-transferrable, limited license to install, browse and use the Platform for the purpose and scope described herein, and subject to and in accordance with your full compliance with the provisions of these Terms of Use. Without derogating from any other remedy available to the Company, the said license shall automatically expire upon your breach of any of these Terms of Use.
2.3
You are only allowed to use the Platform if you are at an age of at least 21. Furthermore, you may not make any use of the Platform if under the jurisdiction which you are subject to, you lack the legal capacity (whether due to age, mental, or any other applicable capacity) to use the Platform in a manner contemplated herein and/or otherwise and/or are subject to certain restrictions regarding the collection of information regarding your use of the Platform (such as the Children's Privacy Protection Act). It hereby clarified that you are responsible to prevent the use of the Platform through any device which you own or is under you control by minors (and specifically minors under the age of 13) and/or by any other person not lawfully allowed to use the Platform in accordance with applicable law and/or these Terms of Use, whose use of the Platform is hereby restricted without any exceptions.
2.4
The Platform and your use thereof is subject to the Company's discretion, and the Company may change, update, suspend, remove or otherwise completely discontinue the availability of the Platform.
2.5
The Platform is offered to you solely for leisure and amusement purposes. The Platform is not intended for making any monetary (or any other) gain, nor is it meant to constitute a channel for trade, exchange or sale of Purchased Items (as defined below) and/or any other virtual and/or tangible assets.
2.6
YOU HEREBY ACKNOWLEDGE THAT (I) THE PLATFORM DOES NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES; (II) THE USE OF THE PLATFORM IS INTENDED FOR AN ADULT AUDIENCE, AND (III) PRACTICE OR SUCCESS AT SOCIAL GAMING DOES NOT IMPLY FUTURE SUCCESS AT “REAL MONEY GAMBLING”. SIMILARLY, WE DO NOT ALLOW THE INTRODUCTION OF ANY CONTENT WHICH CONTRADICTS THE AFORESAID, WHETHER PROVIDED BY OTHER USERS OR ANY APPLICABLE 3RD PARTIES. IN THE EVENT THAT YOU HAVE ENCOUNTERED SUCH CONTENT (INCLUDING ANY PROMOTIONAL CONTENT), PLEASE CONTACT US IN ACCORDANCE WITH THE INFORMATION DETAILED UNDER SECTION 10.
2.7
Restriction on Use. While using the Platform, whether within the scope of your gameplay sessions and/or in any interaction in any Platform forum and/or community, you may not perform, or allow others to perform on your behalf, whether intentionally or recklessly, any of the following:
2.7.1
Browse, surf, process, scan or use the Platform via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
2.7.2
Manipulate the URL of the Platform, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
2.7.3
Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Platform;
2.7.4
Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
2.7.5
Promote advertisements or disruptive commercial messages;
2.7.6
Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Platform and/or any components thereof (including any Company Content or other users' content) and/or act to collect, harvest and/or data mine any data associated with the Platform and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;
2.7.7
Handle and/or otherwise use any Purchased Items in any manner or way that violates these Terms of Use, including but not limited to transferring Purchased Items to other users or persons in any manner other than as expressly permitted by the Company and/or fraudulently using or acquiring such Purchased Items;
2.7.8
Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Platform and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
2.7.9
Intimate, threaten, harass or abuse anyone in any manner;
2.7.10
Steal or attempt to steal passwords or other private information from other users of the Platform;
2.7.11
Lease, sell, trade or otherwise transfer your User Account and/or any Purchased Items; and,
2.7.12
Carry out any action which violates any community guidelines, Terms of Use and/or Privacy Policy, as prescribed herein and/or as otherwise published by the Company from time to time
2.8
Additional Terms. We may make the Platform available for use under third party platforms, such as Facebook©, etc. In such case, in addition to the provisions of these Terms of Use and Privacy Policy, you will be bound by the applicable conditions of such third party platform provider(s) shall you use the Platform in through such platform(s).
2.9
Promotional Content; External Links..
2.9.1
You understand that certain promotional materials might be presented to you while you are using the Platform (the "Promotional Content"). The Promotional Content might be based upon information collected by us from our users, in accordance with the Privacy Policy. We have no control over the selection of the Promotional Content, the order of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such Promotional Content (if applicable), and therefore assume no responsibility and/or any liability in that respect.
2.9.2
Certain adverts or Hyper-Links displayed on the Platform (including those provided to you by other users in the course of your interaction via the Platform) may refer or direct to websites managed or owned by third parties. It is clarified that the Company does not examine these websites and does not support them or their content and cannot verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites, and their consequences thereof. However, in the event that you encounter any Promotional Content that contradicts the provisions of these Terms of Use, kindly notify us in accordance with the contact information specified under Section 10, in order for us to investigate, and if necessary, take the required actions.
2.10
Without derogating from any remedy which the Company may be entitled to, we reserve the right to disable, suspend, or cancel your Account (as defined below), and any Purchased Items associated with your Account and/or otherwise prevent you from using the Platform, and suspend or cancel any action carried out on the Platform, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of these Terms of Use, the Privacy Policy and/ any applicable law or regulation.

3. User Account.

3.1
You understand that in order to access or otherwise certain or all features of the Platform you will be required to set up a user account (the "Account"). In order to set up your Account you will be required to provide certain information, including without limitations, email, contact information, username and password, and if applicable, such information required to allow the Company to access certain information associated with your social media account(s), in the event that you will select to set up your Account via a 3rd Party Login Account (as defined below). Our use and storage of the information you share with us in that respect shall also be in accordance with these Terms and Conditions and our Privacy Policy.
3.2
As specified above, use of or access to the Platform may be subject to registration or login via User's Facebook Connect, Google+ or similar third party services (each: the "3rd Party Login Account") which shall constitute as your Account in all manners and respects. You may only link or otherwise use one (1) 3rd Party Login Account in connection with your use of the Platform.
3.3
Notwithstanding anything to the contrary herein, you understand that the Company has no control over the 3rd Party Login Account, and thus shall not be responsible for your use of such 3rd Party Login Account (including, without limitations, identity, password or any other information theft, security measures or lack thereof, data traffic, runtime, downtime, etc.) and/or any damage arising in connection with the use of such 3rd Party Login Account. You further acknowledge that you will be solely responsible to meet all applicable requirements and/or license terms which you are subject to pursuant to your use of the 3rd Party Login Account, imposed by the entities providing you with such 3rd Party Login Account.
3.4
User shall notify the Company immediately of any suspicion regarding unauthorized access to the Platform through the Account or through a 3rd Party Login Account.
3.5
For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account.
3.6
We might, at our sole discretion, change, annul and/or otherwise reclaim the username associated with your Account, in the event that we believe that you have violated these Terms of Use, or in the event that you have ceased to login to your Account for a period exceeding ninety (90) days.
3.7
You understand that once you link certain information in the process of creating your Account (such as your name, profile picture, etc.), such information may be publicly available for view, and further indexed under certain search engines, in a manner we have no control over.
3.8
We may incorporate and use certain third party components and/or services for the operations of the Platform (the "3rd Party Components"). Any use of such 3rd Party Components will be subject to the additional provisions provided by the applicable licenses provided by the licensors of such 3rd Party Components, which we have no control over. You further understand that such 3rd Party Components might be in Beta stage, and might not function properly (or at all), provide the expected results, and/or otherwise be provided at all. If you have any questions regarding our use of the said 3rd Party Components, kindly contact us in accordance with the information prescribed under Section 10.
3.9
DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE PLATFORM, WE CAN NOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.

4. Platform Content.

4.1
Content Uploaded by You.
4.1.1
You understand that within the scope of your permitted use of the Platform, you might be allowed to upload, create and/or otherwise transmit certain graphical, textual and/or any other form of content via the tools and/or channels provided to you under the Platform (the "User Content"). Without derogating from any other provision under these Terms of Use, you explicitly warrant and represent that you currently maintain, and shall continue to maintain, any and all rights associated with the User Content (including without limitations moral rights, copyrights, trademarks, etc.), as required in connection with its publishing, use and/or transmission via the Platform. User shall not take any actions associated with the distribution sale, license and/or disposition (or any other transfer) of the Use Content in a manner limiting and/or otherwise adversely affecting the Company's rights under these Terms of Use, without the Company's prior written consent.
4.1.2
The Company reserves the right to deny, block, disable, modify limit and/or remove any User Content and further suspend or remove your User Content from the Platform, at our sole discretion and without providing any prior notice to you. You hereby forever waive any claims and release the Company and/or anyone on its behalf from any liability arising from the action(s) contemplated under this Section.
4.1.3
By uploading and/or otherwise transmitting the User Content, you hereby grant the Company an unlimited, irrevocable, non-exclusive, sublicensable, and royalty free license to use the User Content as the Company sees fit, whether in a commercial and/or non-commercial manner, and further waives any claim for remuneration or compensation with respect to such utilization, commercialization, license and/or disposition of your User Content by the Company and/or its assignees, sub-contractors, etc.
4.1.4
Subject to the provisions of this Section 4, User reserves all ownership rights to the User Content created by you and uploaded by you to the Platform.
4.1.5
You understand that any User Content uploaded to you and/or otherwise transmitted to other users of the Platform and/or to the unique community or forum pages, will be considered as public information, without you having any expectation of privacy.
4.2
Content Uploaded by Other Users.
4.2.1
You understand that the Platform may also feature an online community or forums which involves multiple users, other than you. You further understand and acknowledge that any content uploaded and/or otherwise transmitted by such users via the Platform is made through an automatic process, thus the Company does not verify, examine and/or monitor the uploaded content and/or the content of any conversation threads, forums, etc., and shall not be held liable for the consequences of your interaction with any other users using the Platform.
4.2.2
We provide no representations and/or warranties regarding the quality, nature and/or the lawfulness of any content uploaded and/or otherwise transmitter via the Platform. However, if you find yourself exposed to materials you find offensive or objectionable, kindly let us know via the contact information found below.
4.3
Company Content.
4.3.1
Unless otherwise expressly stated herein, all rights, title and interest in and to the Platform (and specifically the Wild Poker© registered trademark and trade-name) and any enhancement, development or derivative work thereof, including without limitations, its design, source code, graphics, logos, names, text, game-play and content elements (whether or not patentable) are, and shall be held exclusively by the Company or any licensor which licensed the specific element for the Company's use with respect to the Platform, as applicable (whether or not patentable), and any trademarks, trade names, copyrights or patents thereof (the "Company Content"). The Company Content may not be subjected to any action which may be considered as any infringement of any third party right, including, without limitations, copying, transferring, selling, altering, modifying, allowing access to, or otherwise using the Company Content in an unlawful and/or restricted manner.

5. In-Platform Purchases.

5.1
Within the scope of your use of the Platform, you will be allowed to purchase virtual currency or specific power-ups to enhance the game-play experience of the Platform (collectively: the "Purchased Items"). Purchasing the Purchased Items will require to use of real money, in accordance with the prices determined by the Company from time to time. It is hereby clarified that the Purchased Items can only be used for in-Platform gaming experience, and can never be redeemed for real money, assets and/or any equivalent thereof, nor are you permitted to sell, trade, pledge and/or otherwise transfer the Purchased Items (whether through and/or outside the scope of the Platform), other than specifically designated by the Company under the scope of the Platform, at its sole discretion.
5.2
The Purchase of the Purchased Items does not grant you with any right or title in the Purchased Items and/or any in-game item or feature purchasable via the use of said Purchased Items.
5.3
You understand that payment process for the Purchased Items may involve third party clearing services, as approved by the Company for such purpose. To complete such purchase, you will be required to provide to the said entities with certain information, such as your name, credit card number, billing address, etc. It is hereby clarified that any information provided by you to such entities shall be at your own risk and account, and the Company shall not be liable for any damage which you may incur pursuant to such actions. Any Purchased Items purchased by you shall be credited to your Account.
5.4
Any transaction made by you in connection with the purchase of the Purchased Items shall be final and non-refundable, subject to applicable law. The above notwithstanding, in the event that your Account was credited or charged with incorrect amounts, or in the event that you did not receive the applicable Purchased Items pursuant to such transaction, please contact us at support@playtrex.com, in order for us to inquire and assist you. You understand that the Company is under no obligation to inquire about any refund request filed after the lapse of seventy two (72) hours from the time that the purchase was recorded into your Account, or if no record was made to your account, then from the time in which such transaction was approved by the applicable entity providing the clearing services.
5.5
We may, at our sole discretion, manage, regulate, modify, moderate, convert and/or eliminate the Purchased Items, including those resulting inter-alia, from the change or alteration of the Platform scheme, the Company's decisions to cease from operating the Platform, the sale of any proprietary rights associated with the Platform, and/or for any other reason, without you retaining any rights to such Purchased Items, including without limitations in connection with refund, rebate, exchange of other virtual currencies or any similar items, or otherwise. It is hereby clarified that we assume no liability to you or anyone on your behalf in connection with the aforesaid.
5.6
You hereby commit to reimburse and indemnify the Company for all charges, costs and penalties incurred by the Company in connection with any refunds and/or related inquiries arising in connection with any purchases authorized by you and/or in connection with the events prescribed under Section 5.7 below.
5.7
Without derogating from any other remedy which the Company may be entitled to, any failure to process the said payments, any unauthorized use of a charge card (or other payment method), or failure to provide full and accurate billing information may, at the Company's discretion, lead to the suspension or termination of your Account.

6. Gameplay.

6.1
While the basic rules of the Platform might be based on "Texas Hold'em Poker", the Platform is designated to provide a social gaming experience, which provides an alternative form of "standard" poker games you might be familiar with (for example, we may allow the purchase of power-ups which enable users to reveal certain information regarding applicable competitors). Hence, we offer no guarantee to adhere with any poker rules (or any other rules) and/or any customary associated terminology, and reserve the right to change, amend and/or otherwise replace the rules governing the gameplay of the Platform, without providing you with any notice.
6.2
Furthermore, we may, at our sole discretion, modify, remove, upgrade and/or alternate the Platform’s visualization, mechanisms, game rules, Purchased Items available (such as power ups), characters, perks, system and essence (for example, we may provide certain users with certain Purchased Items, including without limitations, virtual currency, in accordance with the terms we determine at our sole discretion, whether in the form of sweepstakes, pursuant to promotional activities and/or any other manner we deem fit). We are not committed to offer similar benefits or perks to all users. We may also change the effects of the Purchased Items, whether before or after they were actually purchased by you.
6.3
You understand that any skills you may possess are no guarantee for your performance in any gaming experience related to the Platform. For the current set of rules governing the Platform's gameplay, please visit the help tab on the Platform. You are advised to read the said rules carefully, prior to making use of the Platform.
6.4
We make many efforts to allow you to fully enjoy the benefits of any Purchased Items and/or other features of the Platform which we make available to improve the gameplay experience. However, since the Platform might be limited in processing multiple requests or actions simultaneously or adjacent to each other (such as requests by multiple users regarding the use of a Purchased Item within a game session, etc.), we cannot guarantee that the Platform shall be fully responsive in performing such actions. We may also decide that the processing of certain user actions will take precedence over other actions in connection with the processing by the Platform. In the event that you were unable to adequately use a Purchase Item due to the aforesaid, and such Purchased Item was removed from your Account as if it had been used, kindly notify us in accordance with the provisions of Section 5.4 and we will make efforts to assist you.

7. WARRANTIES.

7.1
THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE PLATFORM, ANY USER CONTENT AND/OR COMPANY CONTENT, AND THEIR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7.2
FURTHERMORE, WE DO NOT GUARANTEE NOR ASSUME ANY RESPONSIBILITY REGARDING THE ACCURACY OR COMPLETENESS OF GAME PLAY OR OTHER ACTIVITIES ASSOCIATED WITH THE PLATFORM AND/OR ANY RELATED CONTENT (INCLUDING ANY INFRINGEMENT THEREOF), NOR REGARDING ANY RESULTS OBTAINED IN CONNECTION WITH THE USE OF THE PLATFORM AND/OR ANY CONTENT OF ANY SITES LINKED TO OR OTHERWISE TRANSMITTED VIA THE PLATFORM, INCLUDING WITHOUT LIMITATIONS, IN CONNECTION WITH ANY ERRORS, BUGS, VIRUSES, TROJAN HORSES AND/OR ANY OTHER FORM OF MALWARE, SERVER RUNTIME AND/OR DOWNTIME (INCLUDING ANY INTERRUPTION OR CESSATION OF ANY DATA RECEIVED AND/OR OTHERWISE TRANSMITTED WITHIN THE SCOPE OF THE USE OF THE PLATFORM), SERVER SECURITY MEASURES, CONTENT UPLOADED BY OTHER USERS AND/OR YOURSELF (INCLUDING ANY PERSONAL, FINANCIAL AND/OR ANY OTHER INFORMATION) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, OR IN CONNECTION WITH ANY USERS' (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS OF USE.

8. LIMITATION OF LIABILITY.

8.1
THE COMPANY, ITS OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES AND/OR PUNITIVE DAMAGES, INCURRED BY USER AND/OR ANYONE ON USER'S BEHALF DUE TO ANY USE OF THE PLATFORM AND/OR ANY RELATED CONTENT, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM AND/OR ANY RELATED CONTENT (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, AND INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY LOGIN ACCOUNT OR INFORMATION, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE PLATFORM (IF PAID) OR $100.
8.2
WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE PLATFORM.

9. Indemnification.

You shall indemnify the Company, its directors and officers, employees, service providers and/or any affiliates (collectively: the "Indemnitees"), for claims, suits, losses and/or damages resulting from any 3rd party claims or complaints arising from, or in connection with, your failure to act in accordance with these Terms of Use, upon the Indemnitees' first demand.

10. Notice of Infringement or Abuse.

If you have cause to believe any content found in the Platform (including such content provided by other users) to be in violation of these Terms of Use and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to support@playtrex.com, stating the violating content and the nature of violation.

11. Governing Law and Jurisdiction.

These Terms of Use shall be construed and governed by the laws of the State of Israel. Any dispute arising from the terms of these Terms of Use, the use or misuse of the Platform and/or applicable content, shall be subject to the exclusive jurisdiction of the competent courts in the District of Tel Aviv, Israel.

12. Assignment.

You may not assign these Terms of Use without the prior written consent of the Company, which may refuse in their sole discretion. Any attempt to assign these Terms without prior written consent from the Company shall be null and void.

13. Termination.

You may terminate your relations with the Company in connection with the use of the Platform at any time, by deleting your Account and uninstalling the Platform. HOWEVER, THE TERMS OF USE IN EFFECT ON THE DATE OF SUCH TERMINATION, SHALL CONTINUE TO BE IN FORCE IN CONNECTION WITH YOUR USE OF THE PLATFORM UNTIL THE DATE OF SUCH TERMINATION.
The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Term of Use, or by otherwise notifying you via electronic mail or any in-Platform message.

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