This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This end user license agreement ("Agreement") is made between Superlative Gaming Private Limited, a company incorporated in Uttar Pradesh, India having its registered office at KoCreate, 3rd Floor, Tower A, Tapasya Corp Heights, Sector 126, Noida, Gautam Buddha Nagar, Uttar Pradesh 201303 India ("us" or "Superlative") and you (the "User" or "you") and should be read by you in its entirety prior to your use of Superlative services or products.
By entering into this Agreement, you acknowledge that the trademark PokerNXT (the "Brand") is owned by Cerebro Palaestra Limited ("Cerebro") and licensed to Superlative in India. As such, where used and the context allows, the term "Rights Holders" collectively means Superlative, Cerebro and its group companies.
Please note that this Agreement constitutes a legally binding agreement between you and Superlative.
THE PLATFORM AND THE SOFTWARE
Superlative is the licensee in India of the Brand and poker platform containing various skill game based services ("Platform") at www.pokernxt.in (the "Site") and it hereby offers the Platform to you on the terms and conditions governing your use of the Platform set out below. For this Agreement, the definition of "Software" means, any, and all software that we provide or make available to you through the Site, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include the software which has been licensed to Superlative and which is hereby sub-licensed to you and which is downloadable to your personal desktop or laptop computer ("PC") from the Site and the web-based software accessible from the Site as well as the mobile software application downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the software (whether web-based software or client/server software).
GRANT OF LICENSE/INTELLECTUAL PROPERTY
Subject to the terms and conditions contained herein, Superlative grants to the User a non-exclusive, personal, revocable, non-transferable right to install and use the Software on your PC or Device solely for the purpose of accessing Platform and playing the games available on the Platform (the "Games") (the Software and Games together being the "Service").
The Software is sub-licensed to you by Superlative for your private and personal use. Please note that the Service is not intended for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to use the Service. We may at the time of registration and/or at any time request from you evidence of your age and we may suspend or cancel your User Account and exclude you, temporarily or permanently, from using the Service, if satisfactory proof of age is not provided, or if we suspect that you are underage or if we determine in our sole discretion that the document evidencing the age proof is a forged or false or if we are notified that you are accessing the Service from a jurisdiction where access to the Service is unlawful. Superlative is not able to verify the legality of the Service in each jurisdiction, and it is the Users' responsibility to ensure that their use of the Service is lawful.
The User agrees and acknowledges that, the Rights Holders and their service providers (as applicable) are the sole holders of all rights in the Brand, the Software and the Software's code, structure, and organization, intellectual property including but not limited to the copyright, trademarks, trade secrets, and all other rights including intellectual property rights.
You shall not, within limits prescribed by applicable laws:
copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create or derivate works of the source code of the Software, or otherwise;
sell, assign, sub-license, transfer, distribute or lease the Software;
make the Service available to any third party through a computer network or otherwise;
export the Software to any country (whether by physical or electronic means);
use the Software or Service in a manner prohibited by applicable laws or regulations; or
use the Service for commercial use or any other purpose other than personal use in the manner contemplated under this Agreement.
(each of the above is an "Unauthorized Use").
Superlative, and the other Rights Holders reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title, and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Superlative immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Superlative with reasonable assistance with any investigations it conducts or steps it takes in light of the information provided by you in this respect.
The Brand, the Site and any other trademarks, service marks, signs, trade names and/or domain names used by Superlative on the Site and/or the Service from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of the Rights Holders (as applicable), and the Rights Holders reserve all rights to such Trade Marks. In addition, all the content on the Site, including, but not limited to, the Software, the Platform, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Rights Holders (as applicable) and is protected by copyright and/or other intellectual property or other rights. You hereby agree and acknowledge that by using the Service and the Site, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Except to the extent permissible under this Agreement, under no circumstances, you shall use the Site Content and/or the Trade Marks without the Rights Holder's (as applicable) prior written consent.
You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by any of the Right Holders in the Software, the Platform, the Trade Marks or the Site Content nor will you do anything that damages or potentially may damage the image or reputation of the Rights Holders, their group companies, employees, directors, officers, advisors, and consultants.
The Rights Holders disclaim any and all warranties (present or future), expressed or implied, in connection with the Service, which is provided to you on an "AS IS" basis and the Right Holders give you no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
Regardless of the Rights Holders' efforts to provide you with service of the highest quality, safety and security, the Rights Holders make no warranty that the Site will be available without interruptions or at all, that Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
The Rights Holders reserve the right to suspend, discontinue, modify, remove or add to the Service in their absolute discretion with immediate effect and without an obligation to provide you with notice where they consider necessary to do so, or where they deem it necessary for the management, maintenance or update of the Software and the Rights Holders shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by them in this regard.
Superlative retains authority over the issuing, maintenance, and closing of the User Accounts on the Site. The decision of Superlative's management, as regards any aspect of a User Account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal, under any circumstances.
YOUR REPRESENTATIONS AND WARRANTIES:
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
there is a risk of losing money when using the Service and that neither Superlative nor its service providers shall have any responsibility to you for any such loss;
your use of the Service is at your sole option, discretion, and risk;
any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service shall be deducted by the Rights Holders as required by applicable laws. The User is solely responsible for performing any additional tax compliances under applicable law such as reporting of income in income tax returns. The User hereby agrees to indemnify the Right Holders for all liabilities in this respect, without any limitations;
the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Rights Holders and no Rights Holders (as applicable) shall have any liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
you are aged 18 or over and that you are not currently self-excluded from any online or mobile gaming site and that you will inform us immediately if you enter into a self-exclusion agreement with any gaming provider;
you are not barred by any laws and have no imposition of any sanctions or held to violate any statutes to use and utilize the Software, the Site or the Platform and have no criminal record or criminal proceedings against you. You further agree that all funds that you utilize are not fraudulently obtained and at no time will lead to any issues under any corruption laws; and
your User Account will at all times be used by you, and you will not share any account details (including your login ID and password) with any third parties and/or any other Users.
SOFTWARE MODIFICATIONS. In addition to the restrictions set out in clause 2.4, Users shall not attempt to modify, decompile, reverse-engineer, or disassemble the Software in any way.
PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to play stakes for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her User Account with Superlative for any purpose other than for the purposes allowed in this Agreement. You must provide full and truthful information in respect of all details and information provided by you to Superlative, and you are obligated to update such details in the event of any change thereto.
COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Superlative reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, Superlative reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Superlative shall have the right to terminate a User Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
EXTERNAL PLAYER ASSISTANCE TOOLS. Superlative prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. Superlative defines EPA Tools as computer software (other than the Software), and non-software-based systems (e.g., web sites, subscription services, and physical material). Superlative takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which you have personally observed through your gameplay or receiving advice, direction or assistance on how to play, in real-time, that goes beyond a basic level.
AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence, including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken concerning the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
You agree that Superlative and/or its service providers may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include but are not limited to, the examination of software programs running concurrently with the Superlative and/or its service providers' Software on your computer. You agree that you will not attempt to bypass, interfere with, or block such measures, including, without limitation, the use of third-party software that bypasses, interferes with, or blocks such measures.
CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand to transfer his chips to another User deliberately. Any User who participates or attempts to join in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their User Account may be terminated immediately. In such circumstances, Superlative will be under no obligation to refund to you any monies that may be in your User Account at such time.
FRAUDULENT BEHAVIOR. In the event that Superlative deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest, collusive or improper activity while using the Service, including without limitation, participating in any of the actions set forth in this clause 6 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Superlative shall be entitled to take such action as it sees fit, including, but not limited to:
immediately blocking a User's access to the Service;
terminating a User Account;
seizing the funds within a User Account;
disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
taking legal action against a User.
Superlative and its service providers prohibit persons located in (including temporary visitors) or residents of certain territories (including territories where persons are required to play according to the regulations in such region, using the appropriately designated, licensed game) from making deposits into their accounts or engage in the Games (the "Prohibited Jurisdictions"). For the avoidance of doubt, the foregoing applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Superlative and/or its service providers to identify your location and providing Superlative and/or its service providers with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps, as we deem appropriate including, without limitation, seizing the funds in your User Account.
OFFENSIVE LANGUAGE OR CONTENT. Users are prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material (including any avatar) that would violate any law or generally be considered to be offensive, on its own or in connection with the Service.
User are prohibited from making any negative, denigrating or defamatory statement(s) or comment(s) about the Right Holders or the Brand name or the Site, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Right Holders or the Brand or otherwise tarnish or dilute any of the Right Holders’ service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Right Holder. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site.
Further, the Users agrees, undertakes and confirms that the User shall not host, display, upload, modify, publish, transmit, update or share any information on the Site that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Superlative and/or the Rights Holders (as applicable) reserve the right to take such action as they deem fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by Superlative, terminating such User Account on the Site or on any other sites operated by Superlative, and/or taking legal action against such User.
You agree to fully indemnify defend and hold harmless the Right Holders, their employees, officers, directors, agents, managers and/or their affiliates (the “Indemnified Parties”), from and against any and all special, consequential, direct and indirect loss, damage, deficiency, demand, liability, claims, actions, judgments, or causes of action, assessments, interests, fines, penalties, diminution in value and/ or other costs or expenses (including, without limitation, amounts paid in settlement, court costs and all attorneys' fees and expenses) (“Loss”), incurred or suffered by the Indemnified Parties directly or indirectly based upon, as a result or arising out of, or in relation to or otherwise in respect of:
your breach of this Agreement, in whole or in part;
breach or the inaccuracy of any of the representations and warranties provided by you under Clause 5;
violation by you of any law or any third-party rights; or
use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.
SECURITY AND YOUR ACCOUNT
Each User account ("User Account") shall be accessible through the use of a combination of a unique player ID ("NXT ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the NXT-ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own NXT-ID and Password per the rules relating thereto. Any and all references on the Site to 'Stars Account' means your User Account with Superlative.
The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever or permit another person to use the Service via his/her User Account.
The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
A User shall only have one User Account with the Superlative and shall only use the Service using such single User Account. It is prohibited for a User to open multiple User Accounts with Superlative. If Superlative becomes aware of additional User Accounts opened by a User, Superlative may close any or all User Accounts without notice and may confiscate funds held in such accounts.
Please note that monies held in your User Account do not accrue interest.
You will not be able to place any stakes using the Service in an amount greater than the total amount of money in your User Account.
You are fully responsible for paying all monies owed to Superlative. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Superlative for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
Superlative reserves the right to use third-party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.
You acknowledge and agree that if your User Account is "active" (i.e., you have logged into your User Account at any time during the prior 12 months consecutive period) monies deposited by you in your User Account are held in a closed-loop wallet on your behalf and are considered to be "End User's Deposits" and represent a pre-payment for a service to be availed by the User in the future from Superlative. If your User Account is "inactive" (i.e., you have not logged into your User Account for a consecutive 12 months' period), monies deposited by you in your User Account will cease to be "End User's Deposits" and will be forfeited. Also, any deposits made must either be withdrawn or be utilized within a period of 12 months from the time of such deposit. In the event, any balances remain unused for more than a 12-month period, Superlative reserves the right to forfeit such balances.
Important information relating to value added tax (VAT), goods and services tax (GST) and any other applicable service tax (hereinafter described as "Sales Tax"). Where applicable, we treat our revenue as being inclusive of all Sales Tax, and we account for and pay such Sales Tax to the relevant authorities on behalf of our Users. Users should not take any action concerning Sales Tax.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall the Right Holders or their service providers or any other member(s) of the group be liable towards the User for any Loss arising to the User out of the use (or misuse) of the Service even if the Right Holders and/or their service providers had prior knowledge of the possibility of such Loss.
The User accepts that the historical data of each game shall be as recorded on our servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on our server, the latter shall prevail. The User accepts that the "Hand Summary" and "Hand Details" features of the Software shall not be considered as the official historical record of any hand. If a User wishes to make a complaint, please contact Support.
Superlative reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement from the day of it being posted at the Site unless communicated and instructed otherwise. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Copies of previous versions of the Agreement can be obtained by writing to Support. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. If you disagree with any changes made to this Agreement, you shall cease using the Services and withdraw all of your funds and winnings.
TRANSFER OF RIGHTS
Superlative and/or Rights Holders, as applicable, may wish to transfer/assign their rights or obligations under this Agreement to any of their group companies or any other legal entity (including but not limited to instances where any of the Rights Holders restructures their business or if there is a sale of their business). You agree that the Rights Holders may do so provided that in the case of a transfer/assignment, after the applicable Rights Holder/s notifies you of the date on which they transfer/assign their rights and obligations under this Agreement, your rights in connection with this Agreement will be against the new legal entity. This Agreement is personal to you, and you shall not transfer your rights or obligations under this Agreement to anyone else.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
GOVERNING LAW AND JURISDICTION
This Agreement shall in all respects, be governed, interpreted by, and construed per the laws of India. All disputes, differences, complaints, arising out of this Agreement shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by Superlative. The place of arbitration shall be Mumbai, Maharashtra, India. Subject to arbitration as provided herein, the courts at Mumbai shall have the exclusive jurisdiction.
You hereby accept the fact that you have read, understood, and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement, and you waive any and all rights to have any claims against the Rights Holders on grounds set out above.
No waiver by the Rights Holders of any breach of any provision of this Agreement (including the failure of the Rights Holders to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties, not a party to this Agreement other than concerning any Rights Holders' group companies and third-party providers.
Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.
This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Throughout this Agreement, our prior written consent means a communication coming from our legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
E-mail: [email protected]
More information is available at www.pokernxt.in.
Superlative can be contacted via Support.