Terms of ServicePoke Gaming - Terms of ServiceIntroductionThe terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Poke Gaming (hereinafter “PG” or “Us” or “We”) regarding your use of our Technic servers or our other servers, sites or services that post these terms (the “Service(s)”), whether accessed by computer, mobile phone or other device (each, a “Device”). You further agree that we may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. In addition, some of our Service products or services may be made available subject to certain additional or different terms and/or conditions that apply to them (in each such instance, and collectively, “Additional Terms”), which will supplement these Terms.Before accessing or using the Service, you must agree to these Terms, And register an account on the Service (an “account”). By registering for an Account or otherwise using the Service, you represent that you are 13 or older and you understand and accept these Terms. If you are under the age of majority where you live you represent that your legal guardian has also reviewed and agreed to these Terms. The Service may exist on, or in connection with, a number of third-party platforms (e.g., Facebook). Please be aware that your activities on these platforms may also be subject to the terms of service and/or privacy policies for that platform, and we are not responsible for these third parties. 1. LICENSEThe Service contains a variety of: materials and other items relating to PokeGaming and its products and services, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos and software of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code)Subject to your strict compliance with these Terms, PokeGaming grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a Device for your personal, non-commercial use only, subject to Additional Terms. 2. IN-GAME CURRENCIES AND GOODSThe Service may include virtual, in-game currency (“Virtual Currency”), such as credits, cash, items or points, that may be purchased with “real world” money or obtained through interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”). Your purchase or award of Virtual Currency and Virtual Goods are merely a grant by us to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Virtual Currency and Virtual Goods as part of the Service under these Terms and any applicable Additional Terms we provide at the time. Accordingly, you have no other interest, including no property, proprietary, intellectual property, ownership, or monetary interest, in your Virtual Currency and Virtual Goods, which remain our Content and property.We reserve the absolute right, at any time and in our sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods.Virtual Currency or Virtual Goods cannot be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods by you outside of what we permit on the Service are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Service.You also agree that all sales of Virtual Currency and Virtual Goods are final unless otherwise detailed in the applicable Additional Terms. No refunds will be given by PokeGaming. PokeGaming has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, including the right to terminate or suspend your account or discontinue its Service (in whole or in part) for any reason, and PokeGaming shall have no liability to you or anyone for the exercise of such rights. 3. CONTENT CREATED BY YOU, USER-GENERATED CONTENTIt is possible for you contribute to the Service through the submission of Content you create or contribute to the creation of (“User-Generated Content”). User-Generated Content, includes without limitation, various kinds of content that are submitted by users (for example, wall posts, messages, reviews, and actions with others end users), as well as any feedback, comments, or suggestions that users you provide to us regarding the Service.You will retain whatever ownership you may have in your User-Generated Content, but you hereby irrevocably grant to PokeGaming a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User-Generated Content, or any portion thereof, you submit to the Service or otherwise to PokeGaming, by any and all means, and in all forms of media, now known or hereafter developed, and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in or in connection with such User-Generated Content.You represent that all User-Generated Content that you submit to the Service is wholly original to you and you exclusively own the rights to such User-Generated Content, and/or you have all necessary authority to grant all of the rights and licenses to PokeGaming under these Terms and/or any applicable Additional Terms, and that PokeGaming and its licensees may exercise those rights without PokeGaming or its licensees or successors incurring any third-party obligations or liability.PokeGaming reserves the right to control and operate our Service in the manner we deem appropriate. In connection with doing so, we may monitor User-Generated Content and your activities in connection with the Service, but cannot monitor or prescreen all of the User-Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content posted on the Service that we deem objectionable or think violates these Terms and any applicable Additional Terms, or the spirit of these Terms and any applicable Additional Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User-Generated Content that is generated by users of the Service. You bear the entire risk of the completeness, accuracy or usefulness of any User-Generated Content found in connection with the Service. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. PokeGaming reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with PokeGaming to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting PokeGaming access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 4. ACCOUNTSUsername and PasswordDuring the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify PokeGaming and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.PokeGaming reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. 5. USE OF THE SERVICEYou shall not use our Content off of our Service, except as we may allow use of PokeGaming Licensed Elements for certain fan site use approved by us in writing. We do not approve and you may not create or use “retro” or substitute servers, sites or services that offer game play with our Content off of our Service.In addition, you must follow our rules, and the spirit of them without limitation:• No Young Children and Parents Responsible for Minors: You shall not create an Account or access the Service if you are under the age of 13 and shall not permit access to children under the age of 13. If you are under the age of majority (not yet legally an adult), your parent or legal guardian must take approve and take responsibility for your Account for any use of a credit card or other payment instrument (e.g., Paypal) by minors.• No false information: You shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed or banned from the Service by PokeGaming. You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Service.• No use of others’ content without proper permission: You shall not use any User-Generated Content or other content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to PokeGaming under these Terms.• No harassment, defamation, or profanity: You shall not publish, post, upload, distribute or disseminate any material or information on the Service which: (I) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (including but not limited to pornography, depiction of acts of violence and sexual acts, and material and information which may perpetuate hatred against any person or group or having the likely effect of causing harm or offence); (II) is a false statement about a person or their property or business which is actuated by malice and may cause financial harm to that person; (III) is misleading or deceptive; (IV) is a breach of confidence or an invasion of a person's right to privacy; (V) may cause us to breach, or be involved in a breach of law, a code or an instrument which governs our conduct; or (VI) otherwise infringes any person's rights, including without limitation their intellectual property rights or trademark rights (or rights of privacy or publicity).• No law violations or conspiracy: You shall not violate, or encourage others to violate, any laws or regulations or the legal rights of another individual, on the Service.• No refusal to cooperate: You shall not refuse to follow the instructions of any personnel of PokeGaming or a PokeGaming affiliate.PokeGaming reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms, any applicable Additional Terms, or the Service itself. PokeGaming reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.6. THIRD PARTIESThe Service may also contain links, as part of third-party ads or content on the Service or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with PokeGaming. PokeGaming may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and PokeGaming does not assume any obligation to review any Linked Sites. PokeGaming does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, PokeGaming is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, PokeGaming will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights or otherwise, arising out of or related to Linked Sites or their products or services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. The Linked Sites may send cookies or solicit personal information from you, and as we have no control over these Linked Sites you agree that we have no responsibility for their actions and you should review their privacy policies. PokeGaming disclaims all liability in connection therewith.Further, where part of the Service contains advertising, content and other material submitted to us by third parties, please note that those third parties are responsible for ensuring that material submitted for inclusion on the Service complies with all legal and regulatory requirements. PokeGaming disclaims all liability in connection with such advertising or other third-party content or material.Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Sites or third-party advertisements or content made available on or through our Service) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). PokeGaming disclaims all liability in connection therewith. 7. UPDATES AND MODIFICATIONS TO THE SERVICEYou understand that the Service is an evolving one. PokeGaming may require that you accept updates to the Service. You acknowledge and agree that PokeGaming may update and modify the Service, with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service
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