Terms Of Service
Last Updated: 18th Sept 2013
Scope & Acceptance of Terms
THESE TERMS OF SERVICE ("TERMS") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU” OR "YOUR”) AND Mediarax Enterprises Ltd d/b/a Zokay Entertainment (‘Zokay/ us/ we/our’). BY ACCESSING THE Zokay websites, social network gamE, application, or service (collectively "SERVICE(s)") YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE and cancel any accounts You have created with Zokay.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Service does not permit players to wager real money – it is a “free play” service. You may have the opportunity to enter, for free, into certain fantasy poker tournaments and win prizes (“Promotion”)Any and all references in the Service to "pots," "limits", "betting" or the like are solely for entertainment, instructional or illustrative purposes and do not involve wagering real money.
Notwithstanding the above, your participation with any Promotion may not be allowed in the jurisdiction where you are located, in which case you must not do so. Any and all liability in respect of your entry into a Promotion and/or the use of the Service by you in contravention of your jurisdiction’s laws and regulations is solely your responsibility and Zokay expressly excludes all and any liability in this regard.
The Services are strictly for entertainment purposes and must not be used for or in connection with any form of gambling.
Zokay reserves the right, in its sole discretion, to modify or change these Terms, in whole or in part, at any time by posting the changes on or within the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. It is your responsibility to check and read the lasted version of the terms. If the modified Terms are not acceptable to you, you must stop using the Services. You agree that Zokay may discontinue or change any part of the Service, including its content, at any time, for any reason, without notice and without liability to you.
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address or SNS Login (as defined below) associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account, your removal from any Promotion, and/or the termination of your use of the Service.
Geographic Restrictions – Void Where Prohibited
Not all features, products or services discussed, referenced, provided or offered through the Service are available to all persons, in all geographic locations, or at all times. Access to the Service may not be legal in certain countries. If you access the Service from outside the US or EU, you do so on your own initiative and are responsible for compliance with local laws.
You agree and acknowledge, as condition of participating in the Service, that Facebook does not sponsor, endorse, administer, or is in any way associated with the Service. All questions regarding the Service must be directed to Zokay, not Facebook. You also agree that as a condition of participating in the Service you shall release Facebook from any and all liability arising out of your participation in the Service.
Zokay Account Registration
You may browse the Zokay website anonymously, but in order to access and use the Service and to post any User Contributions (as defined below), you must create an account with Zokay ("Account”) by accessing the Service through your (i) Facebook account, or (ii) other social network service, or (iii) mobile device (collectively "SNS”).
Zokay reserves the right to delete or reclaim any username at any time and for any reason. You understand that your user ID number, name and profile will be publically available and that search engines may index your name and profile photo.
SNS Account & Usage
For the purposes of these Terms, references to your “SNS Login” includes any SNS account information, including without limitation, user names, passwords and/or security questions, whether or not created for the purpose of using the Service, that are used to access the Service.
By creating an Account via your SNS Login, you are agreeing to allow Zokay to access your SNS account information.
By creating an Account with Zokay, you agree to the following terms to protect the security of your Account and SNS login;
You agree to all of the following terms:
You shall not share your SNS Login, nor let anyone else access your SNS account or do anything else that might jeopardize the security of your SNS Login. Zokay will never ask you to reveal your SNS password and will not initiate contact with you asking for answers to your SNS password security questions;
In the event you become aware of, or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your SNS Login, you will immediately notify Zokay and modify your SNS Login;
You are solely responsible for maintaining the confidentiality of your SNS Login and you will be responsible for all uses of your Facebook Login, including purchases, whether or not authorized by you;
You are responsible for anything that happens on the Service through the use of your SNS Login, whether or not such actions were taken by you. You therefore acknowledge that Zokay may suspend your access to or terminate your use of the Service if someone else uses it to engage in any activity that violates these Terms, or is otherwise, illegal, improper or immoral; and
You undertake to monitor your SNS Login to restrict use by minors, and you will deny access to anyone under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors.
Zokay will never hold your payment details and will never ask you for your payment details; notwithstanding the foregoing, you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example paypal or credit cards) by third parties and minors.
Third Party Providers of Goods and Services
Your purchase of Facebook Credits is governed by Facebook's Payments Terms (http://www.facebook.com/payments_terms). Facebook reserves the right to change its Payment Terms, in whole or in part, even though the changes may affect your accumulated Facebook Credits. Facebook may also suspend, remove or disable access to the Service at any time without notice and may limit the number of transactions or volume of Facebook Credits that Zokay is able to accept during a given period of time. Such actions may affect your ability to access and/or use the Service. You hereby agree that Zokay shall not have any liability to you as a result of any such actions by Facebook. Facebook is a registered trademark of Facebook, Inc.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Facebook service, including your purchase of Facebook Credits and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party provider and solely at your own risk.
You hereby release Zokay (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual, special, indirect and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings with third parties or as the result of the presence of such third-party providers on the Service. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
Termination of Account and / or Service
Zokay may, without notice and without liability to you, refuse you access to the Service or may terminate or suspend your Account and/or your access to Service at any time, including but not limited to a threatened or suspected violation of these Terms, or the terms relating to your SNS account, or the illegal or improper use of your Account, the Service, and/or User Contributions (defined below), Zokay’s Intellectual Property, or as otherwise determined by Zokay in its sole and unfettered discretion.
Upon any such termination, your access to the Service, including all User Contributions (as defined below) and your entry into any Promotion, will be disabled and you will lose any standing or ranking you may have in respect of any Promotion. Zokay shall have the right, but not obligation, to store any User Contributions subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and removing the Service application from your SNS account. Please note that removing the Service application from your SNS account will delete your account with Zokay and your participation in any Promotion will be terminated. Zokay is in no way liable to you for the effects of any termination or cancellation in respect of your use of the Service, participation with or ranking in any Promotion.
In the event that Zokay terminates or suspends your Account, or your SNS suspends your SNS account, Zokay reserves the right to refuse to keep accounts for and/or provide access to the Service or other services to you. You may not allow individuals whose accounts have been terminated by us to use your account. If you believe that an action has been taken against you in error, please contact us at: firstname.lastname@example.org.
Communications - User Contributions & Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments ("User Contribution”). Zokay cannot and does not guarantee that other users, whether registered or unregistered with the Service, will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service.
ZOKAY IS NOT RESPONSIBLE AND HEREBY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW, FOR YOUR OR ANY USER'S, PROVISION, USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS.
You acknowledge and agree that you are solely responsible for all User Contributions that you make available via the Service. You represent and warrant that: (i) you are either the sole and exclusive owner of all User Contribution that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to Zokay the rights in such User Contributions as contemplated under these Terms; and (ii) neither the User Contributions nor your posting, uploading, publication, submission or transmittal of the User Contributions or Zokay's use of the User Contributions (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or any other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Zokay may or may not monitor or regulate User Contributions and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Contributions posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by Zokay, and these communications should not be considered as being reviewed or approved by Zokay.
By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Contribution and You agree that Zokay will not, under any circumstances, be responsible or liable for any User Contributions, including, but not limited to, errors in any User Contributions or any loss or damage incurred by use of the User Contributions or for any failure or delay in removing User Contributions.
Zokay reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete you or User Contributions from the Service, with or without notice, for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Zokay shall at no time be responsible or held liable for the removal, modification or blocking of material or User Contributions and shall at no time be obligated to effect such removal.
Zokay shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS ZOKAY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ZOKAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ZOKAY OR LAW ENFORCEMENT AUTHORITIES.
User Contributions License
By making available any User Contributions through the Service, you hereby grant to Zokay a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit in such manner, whether for commercial, non-commercial or promotional purposes, as Zokay in its sole and unfettered discretion decides.
Feedback & License
Subject to the license that you must grant to Zokay hereunder, Zokay welcomes and encourages your feedback, comments and suggestions for changes or improvements to the Service ("Feedback"). You may submit Feedback by emailing us at email@example.com.
You acknowledge and agree that all Feedback will be the sole and exclusive property of Zokay and you hereby irrevocably assign to Zokay and agree to irrevocably assign to Zokay all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Zokay's request and reasonable expense, you will execute all such documents and take such further acts as Zokay may reasonably request to assist Zokay to acquire, perfect, and maintain its intellectual property rights in and other legal protections for the Feedback.
User Contributions & Feedback; No Payment
You acknowledge that any and all User Contributions and Feedback that you provide to Zokay is done so voluntarily and that Zokay shall not be obligated to remunerate you or any other person or entity even if Zokay subsequently uses the same.
Zokay Service Rules; User Conduct and Usage
Zokay’s intent is that all users of the Services have an enjoyable experience. As such, in addition to the conditions set out in the Terms (of Service), you agree to adhere to the following terms regulating your conduct and usage of the Service at all times.
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms.
You undertake that you shall not defraud, or attempt to defraud, Zokay or other users, and that you shall not act in bad faith in your use of the Service. If Zokay, in its sole and unfettered determination, decides that you have attempted, or have in fact, acted in bad faith, in violation of these Terms or that your conduct and/or actions fall outside or below of reasonable community standards, Zokay may, in its sole discretion, suspend or terminate your Account and Services, in whole or in part, and prohibit you from using the Service.
You further agree that you must not and must not attempt to do any of the following:
Create an Account or access the Service if you are under the age of 18; AND/OR
Use the Account and/or Service for commercial, non-entertainment purposes;
Upload, post, transmit, promote or otherwise disseminate content or material that is vulgar, violent, indecent, obscene, racist, pornographic, sexual or that is, in Zokay’s sole opinion, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, whether hatefully, racially, ethnically, sexually or in any other manner, or attempt to or promote any of the aforementioned actions;
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information, including without limit, personally identifiable information (whether in text, image or video form), identification documents, or financial information from other users of the Service or from any third party;
Post or communicate any person's real-world personal information using the Service;
Enter or participate in any Promotion in any way which does not accord and abide with the Promotional Rules and/or Promotion General Terms and Conditions;
Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone, whether or not such party is a user of the Service;
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Zokay’s written permission;
Advertise, solicit or transmit any commercial advertisements, including without limit, chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and/or publicity);
Violate any applicable laws or regulations, or encourage, promote or permit any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks relating to or for the Service;
Use, combine or allude to Zokay’s or any third party’s trademarks as part of your user name, your team’s or leagues or in any manner whatsoever. Neither shall you register, whether in full or in combination, any trademark, domain name or any other intellectual property right, that uses, alludes to or combines with any Zokay or any third party’s trademark or intellectual property right, whether registered or unregistered, or is in existence or pending.
Interfere with or attempt to interfere with, the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service’s servers, or act in any manner that interferes with or materially increases the cost to provide the Service for the enjoyment of all its users;
Upload or transmit, or attempt to upload or transmit, files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, Zokay’s technical systems, or the computers of other users of the Service;
Upload or transmit (or attempt to upload or to transmit), without Zokay’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
Improperly use support channels or complaint buttons to make false reports to or about the Service or Zokay;
Develop, distribute, use, or publicly inform other members of bots, hacks, modes, "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Exploit, distribute or publicly inform other users of the Service of any game or Service error or bug which gives users an unintended advantage;
Attempt to use the Service on or through any service that is not authorized by Zokay;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; access, tamper with, or use non-public areas of the Service, computer systems, or the computer systems of our providers and partners, or Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
Attempt to probe, scan, or test the vulnerability of any Zokay system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zokay or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
Attempt to use the Service on or through any platform or service that is not authorized by Zokay;
Use the Service if you are located in a country embargoed or sanctioned by the European Union, or United States, or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
Encourage, permit or enable any other individual or group to do any of the foregoing.
Whilst we want you to enjoy Fantasy Poker Manager, you understand that any content, use, or actions that you undertake within, or in reference to the Service are or will become the sole property of Zokay and Zokay shall have the right to use, publish and distribute the such content pursuant to the User Contributions License set out in these Terms (Of Service).
Zokay expressly reserves the right to modify, change, or withdraw the Service, in part or in whole (and particularly in relation to the Fantasy Poker Manager game) and any game rules, at any time, for any reason and with or without notice to you. Such changes may affect or result in: changes to the price of players; the removal of leagues or players from a team; the fees; rates of credits and points distribution in relation to the game or of any individual player; changes to (including cancellation of) an event. Any such changes, shall not incur any responsibility on Zokay to compensate you in any way, or refund you any monies.
Intellectual Property & Trademark Guidelines
We at Zokay have spent time and money building the Fantasy Poker Manager, the Service and our business, which includes the intellectual property in our trademarks, the Fantasy Poker Manager game and the Service. Whilst we appreciate your use of the Service, it is necessary or use to protect our brand and intellectual property, which includes your reference or use of the same outside or beyond the confines of Fantasy Poker Manager and/or the Service.
If you wish to refer to or use the trademarks of Zokay or any intellectual property arising from Fantasy Poker Manager or the Service, for any commercial purpose we ask that you please contact us at firstname.lastname@example.org
Fan Sites / Kit License
truly appreciates our fans and the interaction that our fans have not
only with us, but with each other. We recognize that we are a living
organism, of which our fans are part. We wish for our fans to create
a viable community and recognize that fan sites are an integral part
of any great gaming community.
However, Fantasy Poker Manager is a proprietary game and as such, although we welcome our fan sites, as well as contributions and submissions, we must protect ourselves so that we can insure the future of the game and Zokay.
By your use of the Zokay Fan Site Kit you agree to the following terms:
Zokay has made available certain data feeds, information, artwork, graphics, and trademarks (collectively “Zokay Fan Content”) for your use as part of your Fan Site (herein defined). Zokay does not grant to you any rights of ownership or any other intellectual property rights in the Zokay Fan Content. What we do grant to you is a revocable, restricted, non-transferable, non-sublicensable and limited license to use Zokay Fan Content in the creation and maintenance of a fan website (or dedicated page on your website), which must relate to the game Fantasy Poker Manager and solely for your personal and non-commercial use (“Fan Site”).
agree that any content that you generate on the Fan Site, which
includes Zokay Fan Content or other intellectual property right, is
or shall be the property of Zokay. You agree to assign any rights you
may have to or in the Zokay Fan Content to Zokay. If such assignment
is not permitted by law, you agree to grant to Zokay a perpetual,
transferable, exclusive, fully-paid up and royalty free license to
commercially use, modify, adapt and exploit such Fan Content in any
manner as Zokay may, in its unfettered discretion decide.
You must include this proprietary notice at the bottom of each page of your Fan Site:
Entertainment owns or licenses the trademarks, trade names, logos,
marks, content and / or graphics for Fantasy Poker Manager™ and
Global Poker Index, which are either registered or unregistered . ©
Zokay Entertainment 2013. All Rights Reserved.
(i) Include all Zokay proprietary notices (the Legal Notice above) at the bottom of each page of the Fan Site;
(ii) Have the right – owned or licensed – to use any third party content contained in your Fan Site;
Not infer or represent that you or your Fan Site are in anyway
endorsed or sponsored by Zokay; and / or
(iv) Not reverse engineer or otherwise decompile the content in the Zokay Fan Content.
Site Quality; Official Status
If you would like to submit your site to Zokay for our review and the possibility of obtaining Fantasy Poker Manager Official Status, please send us a hyperlink to the appropriate site or page via email to: email@example.com.
Zokay may review your site so as to ensure that your site complies with this Fan Kit License.
Depending on the content of the site and your use of Zokay Fan Content, we may award you Official Status.
if you receive notice from Zokay that we are not happy with your Fan
Site or the way that you have used Zokay Fan Content, Zokay may ask
that you either modify your Fan Site or that you remove all reference
to Fantasy Poker Manger immediately.
You must not, nor allow others to:
(i) Use the Zokay Fan Content for profit or in any manner that is in contravention with the Zokay Fan Kit License or Zokay’s Terms of Service;
(ii) Damage the reputation or goodwill of Fantasy Poker Manager or Zokay; and /or
(iii) Include, or allow the inclusion of any material on your Fan Site that is sexist, racist, homophobic or otherwise derogatory to the rights or reputation to any individual or Zokay.
Limitation of Liability, No Warranty and Indemnity
As the Zokay Fan Content is provided to you free of charge, Zokay cannot be held responsible for any losses or damages that you may incur due to your use of the Zokay Fan Content.
TO THE EXTENT REQUIRED BY LAW, ZOKAY SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OR ANY LOST PROFITS, LOST
BUSINESS OPPORTUNITES OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, EVEN IF ZOKAY HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE
POSSIBILITY OF SUCH DAMAGES.
The Zokay Fan Content is provided to you “AS IS” and “AS AVAILIABLE”. Zokay expressly disclaims all warranties as to the fitness or merchantability of the Zokay Fan Content.
You agree to indemnify Zokay against all and any loss, damages or costs (including attorney fees) sustained by Zokay arising out of your: (i) activities in respect of this Fan Kit License; and (ii) infringement of any intellectual property rights of any third party.
Unauthorized Use of Zokay and Third Party Trademarks
You agree that you shall not use Zokay’s or any third party’s trademarks (jointly “Third Party”), unless otherwise and expressly authorised, in the following ways:
1. Company, Product, or Service Name: You may not use or register, in whole or in part, any Third Party’s trademark, including Third Party-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name.
2. Zokay Logo and Zokay-owned Graphic Symbols: You may not use the Third Party logo or any other Third Party -owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except as otherwise allowed hereunder or pursuant to an express written trademark license with the Third Party.
3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Third Party or other variation of the Third Party’s logo for any purpose. You cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Third Party trademark for any purpose.
4. Disparaging Manner: You may not use a Third Party trademark or any other Third Party-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use any Third Party trademark, including Third Party -owned graphic symbols/logos, or icons, in a manner that would imply that Third Party’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. Third Party Trade Dress: You may not imitate the distinctive Zokay packaging, web site design, or logos
7. Slogans and Taglines: You may not use or imitate an Zokay slogan or tagline.
For example: “Think different.”
8. Domain Names: You may not use an identical or virtually identical Third Party trademark as a second level domain name.
Promotional Activities – Your Publicity Release
By registering for an Account, using the Service, or by accepting any prize from the Service, you agree that Zokay either through the Service may display your user name, prize winnings and tournament records.
You also agree that by registering for an Account, using the Service, or by accepting any prize from the Service to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created:
Your Fantasy Poker Manager team’s name, details, actions within the game, prize winnings and tournament records; and
your name, picture, voice, likeness, and/or biographical information,
for any promotional and/or commercial purposes of Zokay, world-wide, whether within or outside of Fantasy Poker Manager and both online and offline (print).
You further agree that you shall not be due any compensation, fees or monies (on any basis whatsoever) and you agree to execute such releases, documents and/or licenses as we may require for this purpose.
Intellectual Property Ownership
The Service and all content thereon is the property of Zokay and/or its licensors. Zokay and/or its licensors retain all rights in the Service materials, including but not limited to: applications, software, designs, graphics, texts, information, pictures, video, sounds, music, databases and other files and their selection and arrangement (collectively “Service Materials”). The entire content of the Service Materials are protected by applicable copyright, trade dress, patent and trademark laws and international conventions and other international laws protecting intellectual property and related proprietary rights.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
You shall not, nor shall you permit, allow or cause any other party to: modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, frame, republish, scrape, download, display, transmit, post, lease and/or sell in any form or by any means, in whole or in part, or use or exploit, for any purpose, the Service otherwise than in compliance with these Terms. Use of the Service Materials other than in compliance with these Terms is strictly prohibited and may subject you to civil and /or criminal penalties.
You acknowledge and agree that you do not acquire any ownership rights by using the Service, or by accessing any of the Service Materials or rights to any derivative works thereof.
Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by Zokay. You acknowledge and agree that Zokay is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Zokay does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by Zokay of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Reporting Claims of Copyright Infringement
Zokay Entertainment (“Zokay”) takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from any Zokay website, SNS application or game, or service (collectively “Service(s)”) infringes your copyright, you may request the removal of those materials from the Service by submitting written notification to our Copyright Agent (designated below).
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (“DMCA Notice“) must include the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works on the Service, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
120 The Strand,
1017Please email: legal@Zokay.com with the words “DMCA Counter – Notice” in the subject line
If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.
Completed Counter-Notices should be sent to the address set out above.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Our designated Copyright Agent to receive DMCA Notices & Counter Notices is:
120 The Strand,
Please email: legal@Zokay.com with the words “DMCA Counter – Notice” in the subject line.
Updates to the Service; Maintenance
Zokay conducts maintenance work on its system from time to time. You acknowledge and agree that Zokay may update the Service with or without notifying you. Zokay may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. A portion, or sometimes all, of the features of the Service may not be available during maintenance periods.
Disclaimer of Warranties
SERVICES AND SERVICE MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOKAY AND ZOKAY’S AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, "ZOKAY PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, CUSTOM OR USAGE OF TRADE.
THE ZOKAY PARTIES MAKE NO WARRANTY THAT THE SERVICES OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; NOR IS ANY WARRANTY PROVIDED REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR SERVICE MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. Zokay shall NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY SERVICE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING WITHOUT LIMIT, PROMOTIONS, REMAINS WITH YOU. NEITHER THE ZOKAY PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF A CHANCE, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ZOKAY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE; EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE ZOKAY PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SERVICES, OR CONTENT EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZOKAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold Zokay Parties harmless from any claims, losses, damages, liabilities, including legal fees, costs and expenses, arising out of or in connection with:
Your use or misuse of the Service, Service Materials or User Contributions;
Your participation in any Promotion;
Any violation by you of these Terms;
Any breach of the representations, warranties, and covenants made by you herein;
Your violation of Zokay’s and/or any third party’s rights, including without limit any intellectual property right and in particular rights relating to copyright, privacy or publicity rights.
Zokay reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Zokay Parties and you agree to cooperate with Zokay's defence of these claims. The Zokay Parties will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination, howsoever arising, of your Account or of your access to the Service.
If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
Limitation On Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE IN RESPECT OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire and exclusive understanding and agreement between Zokay and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Zokay and you regarding the Service.
You may not assign these Terms or any rights arising hereunder, by operation of law or otherwise, without Zokay's prior written consent; any attempt by you to assign these Terms or any rights arising hereunder, without such consent, will be void. Zokay may assign or transfer these Terms, at its sole discretion, without restriction. Notwithstanding the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any and all notices or service of legal proceedings (collectively “Notices”) must be in writing and given: (a) by Zokay to you - either (i) via email (in each case to the address that you provided by your SNS login) or (ii) by posting to the Service, or (b) by you to Zokay - if sent to Zokay’s Legal Department, 120 The Strand, Gzira, Malta, Europe, 1017.
All Notices shall only take effect upon posting to the Service or if sent via mail upon receipt by Zokay.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Service is provided by Mediarex Enterprises Ltd, d/b/a Zokay Entertainment, 120 The Strand, Gzira, Malta, Europe, 1017. If you have a question or complaint regarding the Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing to Zokay, Attn: Legal Dept., 120 The Strand, Gzira, Malta, Europe, 1017. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
The obligations and terms set out herein, which by their nature should survive, including, but not limited to any and all obligations relating to Intellectual Property and Ownership, Limitation of Liability, Disclaimer of Warranties, Indemnity, Third Party Providers of Goods and Services, User Contributions, Feedback, User Conduct & Usage, Governing Law and Jurisdiction, Limitation on Time to File Claims, Assignment, Waiver and Severability will remain in full force and effect after termination or expiration, howsoever arising, of these Terms.
Without prejudice to any other rights or remedies that the Zokay may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of the provisions of these Terms by you. Accordingly, Zokay shall be entitled, without proof of special damages, or requirement to post bond or guarantee, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.
The failure of Zokay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zokay. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The Services are brought to you by Mediarex Enterprises Ltd, 2nd Floor, Yamraj Building, Road Town,
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of England & Wales without regard to any conflict of law’s provisions. You agree that the courts situated in England shall have exclusive jurisdiction and venue of any action with respect to the subject matter or, or any matter connected to or arising from these Terms.
However, Zokay retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Fantasy Poker Manger™, Global Poker Index™, PokerDraft™ & Zokay Entertainment® are trademarks of Mediarex Enterprises Ltd in the United States, Europe and elsewhere.
Facebook is a registered trademark of Facebook Inc., in the United States and elsewhere.
All other trademarks belong to their respective owners and/or licensors.
© Zokay Entertainment® 2013. All Rights Reserved.