Digital Platforms LLC (similar to TSIFROVYE PLATFORMY OOO is the legal entity that
oversees the development and operation of POKS (gaming application for mobile devices).
of these Terms of Service, Digital Platforms shall mean Digital platforms LLC, as well as TSIFROVYE
PLATFORMY OOO (collectively, also referred to herein as “Company”, “we”, “our” or “us”). Affiliates
include: partners, parent companies, subsidiaries, licensees, licensors.
THESE TERMS OF SERVICE
(“TERMS” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND DIGITAL PLATFORMS
(AS DEFINED ABOVE). BY DOWNLOADING AND USING INSTALLING ANY OF OUR SOFTWARE AND/OR APPLICATIONS
(“SOFTWARE” OR “APPLICATION”) IN CONNECTION WITH SERVICES PROVIDED BY (THE SERVICES, THE SOFTWARE AND THE
APPLICATION COLLECTIVELY, THE “SERVICE”). 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 ACCESS OR OTHERWISE USE THE
**IMPORTANT NOTE: ** Digital Platforms LLC reserves the right, in its sole discretion, to
modify or change the terms of this Agreement at any time by posting the changes on or within the Software
or other parts of the Service. Your continued use of the Service following the posting of such changes
constitutes your acceptance of the revised Agreement. Digital Platforms LLC may use reasonable commercial
efforts to provide notice of material changes to you. If the modified Agreement is not acceptable to you,
your sole recourse is to discontinue your use of the Service. You agree that Digital Platforms LLC may
change any part of the Service, including its content, at any time or discontinue the Service or any part
thereof, for any reason, without notice to you and without liability.
In addition to the terms and
CHANGES TO THE SERVICE AND/OR TERMS:
Digital Platforms reserves the right, in its sole discretion, to modify or change the terms of
this Agreement at any time by posting the changes on or within the Software or other parts of the Service.
Your continued use of the Service following the posting of such changes constitutes your acceptance of the
revised Agreement. Digital Platforms, LLC may use reasonable commercial efforts to provide notice of
material changes to you. If the modified Agreement is not acceptable to you, your sole recourse is to
discontinue your use of the Service. You agree that Digital Platforms may change any part of the Service,
including its content, at any time or discontinue the Service or any part thereof, for any reason, without
notice to you and without liability.
POKS and all attributes related to POKS belong to Digital
Platforms. POKS can only be associated with the application that you can download from the App Store
directly or via a link posted on the official website of the POKS (poks.poker). The application does not
use in-app purchase to purchase credit or currency for use in conjunction with real money gaming of any
kind, and do not enable people to purchase lottery or raffle tickets or initiate fund transfers in the
app. Neither the website nor the application does not offer real money prizes and the project itself is
not related to any type of gambling. If users can win money or prizes, it cannot be through our website or
Apple is not a sponsor or involved in the activity in any manner. The application is
hosted in full compliance with Apple's legal requirements for hosting the application. The correct rules
can be found only here:
1.1 You Must Be At Least 18 Years of Age:
To use the Service, you must
be a natural person, at least 18 years old and over the age of majority in the state in which you live,
and who meets other eligibility criteria set forth in these Terms. If you are under 18 years of age you
must immediately discontinue use and make no further use of the Service and delete the
1.2 You Must Reside in A Jurisdiction That Does Not Prohibit Use of the
The Services are intended only for users who are not prohibited by the laws of any
applicable jurisdiction from using such Service. The Company does not intend to enable you to contravene
applicable law. You represent, warrant, and agree to ensure that your use of the Software and the Service
will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for
any illegal or unauthorized use of the Software and/or the Service by you.
1.3 Failure to
At our sole discretion, we may require proof that you meet the conditions and eligibility
criteria set out in these Terms. Failure to comply will result in the closing of your Account and the loss
of all Virtual Items (each as defined below) accumulated through your use of the
2. YOUR ACCOUNT
2.1 Grant of Access:
Subject to these
Terms, the Service allows you, where permitted by applicable law to:
(1) register to play
(2) access other content and services provided by Digital
We require that you register in order to participate in the
Service, including the free-to-play games. You must also provide a valid email account and complete the
verification for that email account that we send you. You hereby consent to receiving an email
verification to your email account by providing Digital Platforms, LLC with your email for the purposes of
registering on our Service and participating in our features. Through this process, you will establish
your user account (“Account”). In the event that the activation or confirmation process is not completed,
Digital Platforms, LLC reserves the right to suspend all activities on the Account until the account
details are verified.
2.3 Confidentiality of Account Information:
If you choose to create
an Account with us, you must treat your username, password or any other piece of information related to
your Account as confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your Account is personal to you and agree not to provide any other person with access to
the Service, including the App, or portions thereof using your username, password or other security
information. You are responsible for all activity performed and transactions entered into on or through
your Account, and you agree that we may treat any activity performed or transaction entered into on or
through your Account as authorized by you. You agree to notify us immediately of any unauthorized access
to or use of your username or password or any other breach of security. You also agree to ensure that you
exit from your Account at the end of each session.
2.4 Right to Disable Account and Account
We have the right to disable any username, password or other identifier, whether chosen by
you or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms.
2.5 Right to Suspend, Modify, Remove
or Add the Service:
We reserve the right to suspend, modify, remove or add to the Service in its sole
discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered
by you resulting from any changes made and you shall have no claims against the Company in such
If you do not agree to any of the provisions of the User Agreement you should immediately
stop using the Software (Application) and remove it from your applicable device.
GRANT OF LICENSE/INTELLECTUAL PROPERTY
3.1 Limited License Grant
Subject to the
terms and conditions contained herein Digital Platforms grants the User non-exclusive, personal,
non-transferable, non-sublicensable, revocable right to install and use the Software on your Device in
order to access Digital Platforms servers.
3.2 License Grant Limitations:
The Software is
licensed to you by Digital Platforms for your private personal use. Please note that the Service is not
for use by individuals under 18 years of age or connecting to the Software or servers from jurisdictions
from which it is illegal to do so.
3.3 License Grant Prohibitions:
You may not, within the
limits prescribed by applicable laws:
a. copy, distribute, publish, reverse engineer, decompile,
disassemble, modify, or translate the Software or make any attempt to access the source code to create
derivate works of the source code of the Software, or otherwise;
b. sell, assign, sublicense,
transfer, distribute or lease the Software;
c. make the Software available to any third party through
a computer network or otherwise;
d. export the Software to any country (whether by physical or
electronic means); or
e. use the Software in a manner prohibited by applicable laws or
(each of the above is an "Unauthorized Use").
3.4: You warrant that any names or
images used by you in connection with your Account in connection with the Service (for example, your
username) shall not infringe the intellectual property, privacy, or other rights of any third party. You
hereby grant Digital Platforms, LLC a worldwide, irrevocable, transferable, royalty-free, sublicensable
license to use such names and images for any purpose connected with the Services, subject to the terms of
We own or are in the
process of registering trademarks for our many goods and services, including, without limitation, POKS and
the associated graphics, logos and service marks and may not be used without prior written consent of our
Company. All other trademarks, product names, and company names and logos appearing within the Service are
the property of their respective owners.
The POKS application only includes content that we created.
No person is entitled to claim any part of our intellectual property.
By participating in the Service, You agree to the use
by our Company of your username, photograph(s), likeness, statements, biographical information, voice and
city and state address for advertising and promotional purposes of the Service, including, without
limitation, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised
without compensation, review or approval rights, notification or permission, except where prohibited by
law. Our Company reserves the right to make public statements about the entrants and winner(s), on the
Internet, in promotional materials or otherwise. You agree that we may announce any winner’s name on the
Service at any time in connection with the marketing and promotion of the Service or of our
3.6 Ideas and Inventions
All comments, feedback, suggestions, ideas, and other
submissions (“Ideas”) disclosed, submitted, or offered to our Company in connection with your use of the
Service shall be the exclusive property of our Company. You agree that unless otherwise prohibited by law
we may use, sell, exploit and disclose the Ideas in any manner, without restriction and without
compensation to You.
4. VIRTUAL ITEMS
4.1 While using the Service,
you may “buy” or “purchase” virtual items (e.g. “diamonds” or “Chips” for use in the Service (“Virtual
Items"). Any “Virtual Items” balance shown in your Account does not constitute a real-world balance or
reflect any stored value, but instead constitutes a measurement of the extent of your
4.2 You do not own any Virtual Items that you obtained through our Services,
regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related
Virtual Items are owned by The Company.
Digital Platforms, LLC gives you a limited license and right
to use your Account and the related Virtual Items while we offer the Service.
4.3 You are not
allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by
selling, gifting, or trading them. You are not allowed to sublicense, trade, sell, or attempt to sell
Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any
such behaviours constitute a breach of this Agreement and Digital Platforms, LLC is entitled to take
immediate action if the Company believes you are in violation of this provision, including account
5. PROHIBITED USES
5.1 Software Modifications/Manipulation
of Vulnerabilities: You may not attempt to modify, decompile, reverse-engineer or disassemble the Software
in any way. You may not exploit vulnerability or glitches to your advantage in your use of the Service.
Further, you may not directly or indirectly disable, circumvent, or otherwise interfere with the operation
of software designed to detect or prevent cheating.
5.2 Collusion: Collusion between you and
other users of the Service by sharing poker hole cards, sharing game related information while playing at
the same table or by any other methods is strictly forbidden. You may not collude with another user who is
using unauthorized software, hardware, or modifications to obtain an advantage over other users of the
Service. The Company reserves the right to consider any collusion or an attempt at collusion between users
as a breach of this Agreement and terminate the user account(s) and restrict his/her further access to the
Service, and other Company products.
5.3 Automatic Player (Bots): The use of artificial
intelligence including, without limitation, “robots” or “bots” is strictly forbidden in connection with
the Service. All actions taken in relation to 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
5.4 Solvers and Real Time Assistance Software: It is prohibited to use
Game Theory Optimal Solvers (such as PokerSnowie, MonkerSolver, PIO Solver) while using our software.
Poker Calculators (PowerEqulab, Flopzilla, Cardrunners EV, etc.), card counters and Real time assistance
software that suggest in game decisions are also prohibited.
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 own game play or receiving advice, direction or
assistance on how to play, in real time, that goes beyond a basic level.
Chip-dumping occurs when any user intentionally loses a poker hand in order to deliberately transfer his
chips to another user. Any user who participates or attempts to participate in chip-dumping with any other
user, including being the recipient of chips, while using the Service may be permanently banned from using
5.6 Fraudulent Behaviour: In the event that The Company. deems that you have
engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the
Service, including without limitation, engaging in any of the activities set forth here under “Prohibited
Uses” or any other game manipulation, Digital Platforms, LLC reserves the right to take action against
you, including to block you from access to the Service, to terminate your Account along with blocking the
possibility of future access to Company Services, and to report you to governmental or other
5.7 Accessing Other Player Accounts: You shall access the Software and use the
Services only via your own account(s) and you may never access the Software or use the Services by means
of another person’s account. Should you attempt to use the Services by means of any other person’s
account, we will be entitled to immediately close any and all of your accounts.
5.8: In case of
account closure due to a prohibited use, as outlined in this section, you are prohibited from creating new
accounts. Any future attempt to create an account after being banned from the Service will be considered a
breach of this Agreement and will result in the closure of such account.
6.1 DISCLAIMER OF WARRANTIES:
THE SERVICE (INCLUDING THE
APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, DIGITAL PLATFORMS, OUR PARTNERS, AND OUR
AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS
(COLLECTIVELY, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. THE COMPANY PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY PARTIES MAKE NO
WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE
ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH
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. YOU UNDERSTAND THAT DIGITAL PLATFORMS. DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY
USERS OF THE SERVICE, NOR DOES DIGITAL PLATFORMS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE
SERVICE. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE
SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL 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, PARTICULARLY
IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION.
reserves the right to suspend, discontinue, modify, remove or the Service in its absolute discretion with
immediate effect and without an obligation to provide you with notice where we consider it necessary to do
6.2 Updates to the service/maintenance.
You acknowledge and agree that Digital
Platforms may update the Service with or without notifying you. Digital Platforms 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. Digital Platforms conducts maintenance work on its system from time to time.
A portion, or sometimes all, of the features of the Service may not be available during maintenance
periods. All problems encountered during the use of the Service, including those with regard to Your
Account, can be reported to Digital Platforms. When the problem is encountered you can address it to us by
7. USERS CONTRIBUTIONS
The Service may or plans to contain message boards, forums and other interactive features
(collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to
other users or other persons (hereinafter, “post”) messages, content or materials (collectively, “User
Contributions”) on or through the Service.
Any User Contribution you post to the Service will be
considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you
grant us and our affiliates and service providers, and each of their and our respective licensees,
successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise
disclose to third parties any such material for any purpose.
You understand and acknowledge that you
are responsible for any User Contributions you submit or contribute, and you, not Digital Platforms, LLC,
have full responsibility for such content, including its legality, reliability, accuracy and
appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any
User Contributions posted by you or any other user of the Service.
We have the right to: (i) remove
or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action
with respect to any User Contribution that we deem necessary or appropriate in our sole discretion,
infringes any intellectual property right or other right of any person or entity, threatens the personal
safety of users of the Service, or the public, or could create liability for the Company; (iii) disclose
your identity or other information about you or your account to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy; (iv) disclose your identity or other information about you or your account to any governmental,
law enforcement, or regulatory authority, or in response to legal process such as a
However, we do not undertake to review all material before it is posted on the Service and
cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or content provided by any
user or third party. We have no liability or responsibility to anyone for performance or non-performance
of the activities described in this section.
7.2 Content Standards.
must in their entirety comply with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that
is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or
otherwise objectionable or unlawful.
· Promote sexually explicit or pornographic material, violence,
or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
· Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our
· Be likely to deceive any person.
· Promote any illegal
activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or
needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
any person or misrepresent your identity or affiliation with any person or organization.
commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or
· Give the impression that they emanate from or are endorsed by us or any other person
or entity, if this is not the case.
7.3 Reliance on Information Posted
presented on or through the Service is made available solely for general information purposes. We do not
warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be
informed of any of its contents.
8. DISPUTE RESOLUTION AND
This Dispute Resolution and Arbitration provision
(this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between
you and Digital Platforms. Arbitration is a form of private dispute resolution in which persons with a
dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit
their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to
opt-out of this Provision (as explained below), which means you would retain your right to litigate your
disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that
all Disputes between you and Digital Platforms. (as defined below, for this Provision) shall be resolved
by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration
agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury,
and/or participate in or be represented in a case filed in court by others (including, but not limited to,
class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your
right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in
arbitration, and court review of an arbitration award is limited. The arbitrator must follow this
agreement and can award the same damages and relief as a court (including attorneys’ fees). For the
purpose of this Provision, Digital Platforms means Digital Platforms. and its parents, subsidiary, and
affiliate companies, and each of their respective officers, directors, employees, and agents. The term
“Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of
your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any
other legal or equitable theory, and includes the validity, enforceability or scope of this Provision
(with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be
given the broadest possible meaning that will be enforced. YOU AND DIGITAL PLATFORMS EACH AGREE THAT,
EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED
ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
8.2 Pre-Arbitration Claim
For all Disputes, whether pursued in court or arbitration, you must first give Digital
Platforms an opportunity to resolve the Dispute. You must commence this process by written notification to
the Digital Platforms at firstname.lastname@example.org. That written notification must include (1) your name, (2)
your address, (3) a written description of your Claim, and (4) a description of the specific relief you
seek. If Digital Platforms does not resolve the Dispute within 45 days after it receives your written
notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only
under the circumstances described below.
8.3 Exclusions from Arbitration/Right to Opt
Notwithstanding the above, you or Digital Platforms, LLC may choose to pursue a Dispute in court
and not by arbitration. TO OPT-OUT OF THESE ARBITRATION PROCEDURES YOU MUST DO SO WITHIN 30 DAYS FROM THE
DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision
by mailing written notification to Digital Platforms at email@example.com. Your written notification must
include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve
disputes with Digital Platforms through arbitration. Your decision to opt-out of this Provision will have
no adverse effect on your relationship with Digital Platforms. Any opt-out request received after the
Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims
8.4 Class Action Waiver:
Except as otherwise provided in this Provision, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form
of a class or representative proceeding or claims (such as a class action, consolidated action or private
attorney general action) unless both you and Digital Platforms specifically agree to do so following
initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this
Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other
user of the Service can be a class representative, class member, or otherwise participate in a class,
consolidated, or representative proceeding without having complied with the opt-out requirements
8.5 Jury Waiver:
You understand and agree that by entering into this agreement you
and Digital Platforms are each waiving the right to a jury trial or a trial before a judge in a public
court. In the absence of this Provision, you and Digital Platforms might otherwise have had a right or
opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented
in a case filed in court by others (including class actions). Except as otherwise provided below, those
rights are waived. Other rights that you would have if you went to court, such as the right to appeal and
to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is
found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder
of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be
illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by
This Provision shall survive the termination of your service
with Digital Platforms.
9. LIMITATION OF LIABILITY
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 SERVICE,
INCLUDING ANY SOFTWARE APPLICATION, REMAINS WITH YOU. NEITHER THE COMPANY PARTIES NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, 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 SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
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.
IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIGITAL PLATFORMS. AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, AND IF SO THEN THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold the Company Parties harmless from any
claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse
of the Service, any violation by you of these terms, or any breach of the representations, warranties, and
covenants made by you herein. Digital Platforms reserves the right, at your expense, to assume the
exclusive defence and control of any matter for which you are required to indemnify Digital Platforms, and
You agree to cooperate with Digital Platforms’ defence of these claims. Digital Platforms 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 of your Account (if
applicable) or of your access to or use of the Service.
11. ADDITIONAL MOBILE
The following additional terms and conditions
apply with respect to any application that Digital Platforms (the “COMPANY”) provides to you designed for
use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that these Terms are
between you and COMPANY only, and not with Apple, Inc. (“Apple”).
• Your use of the iOS App must
comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
• COMPANY, and
not Apple, is solely responsible for our iOS App and the services and content available thereon. You
acknowledge that Apple has no obligation to provide maintenance and support services with respect to our
iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation
whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure of the iOS App to conform to any warranty.
• You agree that
COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our
iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability
claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation, and all such
claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for
the investigation, defence, settlement and discharge of any third-party intellectual property infringement
claim related to our iOS App or your possession and use of our iOS App.
• You agree to comply with
all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation
of your wireless data service terms of agreement when using the iOS App).
• You agree that Apple and
Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use
the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a
third-party beneficiary thereof.
12. GOVERNING LAW
The Agreement and any
matters relating here to shall be governed by, and construed in accordance with, the laws of Russia.
Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive
jurisdiction and venue of any action with respect to the subject matter of this Agreement and any claim
dispute or difference concerning the Agreement and any matter arising thereunder, under all circumstances,
including if you opt-out of the Arbitration Provision, will be the courts located in Russia and each of
the parties hereto waives any objection to jurisdiction and venue in such courts.
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.
reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may
not assign any of his/her rights or obligations under this Agreement
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.
These Terms constitute the entire and exclusive understanding and agreement
between Digital Platforms. and you regarding the Service, and these Terms supersede and replace any and
all prior oral or written understandings or agreements between Digital Platforms and you regarding the
17. CONTACT INFORMATION
If you have any questions regarding
these Terms and Conditions or any other matter, you can Digital Platforms, LLC at: