Terms of Use
General terms and conditions of use for users in effect from 02/02/2024
These general terms of use (hereinafter referred to as "Terms and Conditions of Use" or "T&Cs") aim to determine the rules for the use of the mobile application "Live Poker".
These Terms and Conditions of Use govern the relationship between SAS A-GAME TECHNOLOGY (Simplified Joint Stock Company) with a capital of €2,000, whose registered office is located at 98 bd Victor Hugo, 92110 CLICHY, registered with the Nanterre Trade and Companies Register under number 977 844 315 (hereinafter referred to as "the Publisher") and the Users in the context of their use of the
Application. The Publisher and the Users are hereinafter collectively referred to as the "Parties".
Any visit and/or use of the Application must be in accordance with (i) these T&Cs.
The applicable T&Cs are those in force on the date of connection and use of the Application by the User. When creating your Account, or subsequently under the conditions specified in Article 5, you have accepted, without condition or reservation, all T&Cs.
The manner in which personal data is collected and used in connection with your use of the Application is described in the Personal Data Protection Policy.
1. DEFINITIONS
Terms beginning with a capital letter in these T&Cs, whether used in the singular or plural, shall have the meanings given to them below:
• "Publisher" refers to the management structure of the Live Poker application, whose identity and contact details are detailed in the preamble.
• "Application" means the "Live Poker" software application edited and provided by the Publisher to be consulted and used by the User, which includes the pro interface for Partners and the User interface.
• "User" means a natural person who has created an Account on the Application.
• "Visitor" means a natural person accessing the application and not having created an Account on the Application.
• "Account": account created by a User on the Application allowing access to the Services.
• "Content": means, without limitation, the structure of the Application and the Site, editorial content, notes and comments, visual and auditory content, as well as any other content present within the Application and/or any other component of the Application and the Site.
• "Services": refers to the various functionalities offered by the Application.
"Inscription" refers to a free declaration of intent by the User, which must be confirmed with the organizer of a Tournament.
"Partners" refer to Tournament Organizers included within the eligibility scope and registered on the "Live Poker pro" professional portal, capable of transmitting Results on the Application.
."Tournaments" refer to events aimed at Poker Players, whether free or paid, organized by Organizers, Partners or not, and listed on the Application.
2 . ACCESS TO THE APPLICATION
To access and use the Application, Visitors and Users must have a compatible phone and access to the Internet network.
The Application can be downloaded free of charge from the Apple App Store and Google Play Store. Access to the Application is free (excluding connection costs and telecommunication fees paid by the User).
The software version of the Application may be updated to add and/or remove new functions and Services.
All costs, regardless of their nature, related to access to the Application are exclusively borne by the Users, who are responsible for the proper functioning of their computer equipment and their Internet access.
3. PURPOSE
The purpose of the Application is to provide a comprehensive platform dedicated to the world of Live Poker tournaments.
It offers different possibilities depending on your status:
Information for visitors:
Visitors can find detailed information about Tournaments and Players listed on the Application.
Visitors can perform specific searches. Visitors can also view the ranking of Players.
Features for Users:
Accessible from a smartphone, the Application allows Users to:
• Make posts on their news feed as soon as a tournament starts, thus offering Visitors an immersive view of tournaments and gameplay.
• Receive notifications about tournaments nearby and/or those chosen as favorites.
• Receive notifications about favorite casinos.
Continued Evolution:
This list of information and functionality is non-exhaustive and may be enriched at any time without the Publisher's responsibility being engaged as such by anyone.
4. REGISTRATION
Registration involves opening an Account in the name of the User.
4.1 - Account Opening:
Opening an Account on the Application is open to anyone subject to the following conditions.
To create an Account, Users must fill out the Application form.
You can also create an Account using a third-party service such as Apple or Google and, if necessary, complete any missing data.
In such a case, the User acknowledges authorizing the Publisher to use the data transmitted by the third-party service.
You agree to provide a valid email address that you own, and you declare and warrant that the information provided is accurate and complete.
The mentions in the form on which Registration depends are indicated as mandatory. Failure to provide them will result in the Account opening request not being considered.
The User must provide their date of birth and confirm they are of legal age according to the regulations applicable to them in their country of residence.
4.2 - Opening or Obtaining a Certified Account: The User must submit a request to the Publisher.
The Publisher will then request additional information to verify the identity of the applicant.
if the response from the person wishing to register demonstrates compliance with the eligibility conditions, their request will be accepted.
The request will not be successful in the absence of the provision of requested additional information or documents, their obsolescence, or the attempt of Fraud by providing inappropriate, falsified, or inaccurate documents or information.
The Publisher reserves the right to suspend the creation of any Account that does not meet the requested conditions.
The Publisher will then request the necessary additional information. If the response from the person wishing to register demonstrates compliance with the eligibility conditions or the absence of fraud or illicit activity, the User's Account will be created by the Publisher.
If there is no response or insufficient justification, the Publisher reserves the right to refuse the creation of the Account.
4.3 - Generalities
During registration, the User agrees to provide accurate information, to register only for their own account, and to use their exact contact details and identity.
The User is responsible for the accuracy and completeness of the information provided and must inform the Publisher of any changes to this information.
Individuals wishing to register cannot open more than one Account. Each Account is used strictly for personal purposes.
Therefore, the User expressly agrees not to use the Application for professional, commercial purposes, or in the interest of an activity competing with that of Live Poker. Any violation of this provision may result in the closure of the Account.
The Users agree not to share their password, not to authorize others to access their Account, or transfer their Account to anyone else.
The User agrees to maintain the confidentiality of their credentials and not to disclose or communicate them to any third party.
The Publisher shall not be liable for any consequences arising from the fraudulent or malicious use of these credentials due to the fault or negligence of the User.
5. Acceptance of the T&Cs
5.1 Acceptance
At the time of creating the Account, the User is free to check the boxes.
"I accept the terms and conditions."
And "I certify that I am of legal age according to the laws in force in my country of residence".
Acceptance in this form of a checkbox constitutes proof that the User has read, through the Application, our T&Cs and constitutes unconditional
acceptance.
IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THE GENERAL TERMS OF
USE AND REFUSE TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING OUR SERVICES AND DELETE YOUR ACCOUNT IF APPLICABLE.
Specific conditions may apply or be added during the use of certain Services in accordance with the conditions set out in Article 5.3. These various documents will be incorporated into these T&Cs.
5.2 - Applicability
These T&Cs come into effect on the date of their publication and are binding:
• Upon their acceptance by the User, during their registration on the Application throughout the period of use of the Services; or
• 15 days after their communication to the Users, when new T&Cs replace them.
• On the day of their publication, in the event of simple updates to the T&Cs concerning non-substantial elements.
Subject to compliance with these deadlines, the T&Cs online on the Application prevail over any previously dated version and these T&Cs, cancel and replace any previous version. The User may at any time choose to stop using the Services and delete their Account, but they remain bound by any prior use.
5.3 - Modifications
We reserve the right, at our sole discretion, at any time and without notice, to adapt or modify these T&Cs. We may do so for various reasons, including to reflect non- substantial changes or changes to provisions amended by law, due to new features, or changes in business practices.
The User who does not wish to adhere to the modified T&Cs may delete their account and cease using the Services.
Any use of the Application and/or the Services after the applicability period (article 5.2) constitutes acceptance thereof.
6. GEOLOCATION
The User is informed that to benefit from certain Services available in the Application, they are invited to accept sharing their geolocation.
The geolocation feature allows Users to be aware of Tournaments available around their location.
The use of this feature requires the prior consent of the User. For this purpose, Users must activate, if they wish, the geolocation function directly in the settings of their mobile device and accept that the Application may access it.
This feature can be disabled or enabled at any time and without charge.
7. NEWSFEED
The user can share information and messages as soon as the tournament they are participating in has started.
This information includes:
-The number of chips they have or "Chipcount"
-Various messages including preformatted messages related to their gameplay actions.
- Photos
The user can also react to other users' messages with Smileys.
The User is informed that the Chipcount they declare may be reviewed and corrected based on information provided to the Publisher by the Organizers or made public after tournaments.
8. FINANCIAL CONDITIONS
The Application is offered without financial consideration to Users, excluding subscription costs to the mobile operator or their computer device, excluding connection costs and access to the Internet network, and excluding any additional cost charged for data loading.
9 . APPLICATION UPDATES
The Application undergoes regular updates.
10.INTELLECTUAL PROPERTY (IPR) OF THE APPLICATION
The Application, trademarks, logos, and any other distinctive signs of Live Poker and/or its partners, as well as any software used in providing the Service, and the contents of the Application (i.e., any text, video, photograph, - or any other information in any format and of any nature appearing on the Application) are the exclusive property of Live Poker and/or its partners, and/or third parties and may be subject to protection by copyright, trademark law, patent law, or any other intellectual property right. These T&Cs do not entail any transfer of ownership of any kind to the User. It is therefore prohibited to copy, modify, reproduce, distribute, publish, integrate on any medium, adapt, transfer or assign, license, sublicense, pledge, transmit in any other way the elements of the Application or perform reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Application, without the written authorization of Live Poker or the rights holder. The User undertakes not to use the Application unlawfully or in a manner inconsistent with these T&Cs, or to act fraudulently or maliciously, for example by hacking or inserting malicious code, including viruses, or harmful data, into the Application.
The User agrees to:
• not to infringe intellectual property rights or those of third parties regarding the use of the Application.
. not to transmit any defamatory, explicit, offensive, or otherwise reprehensible content on the Application.
. not to use the Application in a way that could damage, disable, overload, impair, or compromise our systems or security or interfere with other Users.
. not to use technology that interferes in any way with the proper functioning of the Application, including by blocking any advertisements or promotions displayed on it.
.not to collect information or data from the Application for commercial purposes, unless otherwise agreed in writing by Live Poker.
If Live Poker discovers a violation by the User, Live Poker reserves the right to immediately suspend or terminate access to the Application and delete the corresponding Account. The Application may contain links or content from services that are not operated by us and that provide additional content or features. The content of these third-party services is governed by the terms of use and privacy policy of the relevant third-party service providers, under their sole responsibility. Live Poker is not responsible for the availability or accuracy of third-party services, or for the services, products, or content available from these services. The inclusion of links to third-party services or their use does not constitute an endorsement by Live Poker of these services. For more information, we invite you to consult the terms of use and/or privacy policy of the relevant third-party services.
11. CONTENT OWNERSHIP
None of the provisions of the T&Cs can be interpreted as a transfer, sale, concession, license, loan, rental, or authorization of use granted directly or indirectly by the Publisher to the benefit of Users on the Application and the Content.
The texts, images, audio-visual content, and any Content operated by the Publisher on the Application, the trademarks, logos, graphic charter, layout, information, presentation, trade names, software, structures, infrastructures, and databases, and any other content appearing on the Application are protected contents that fall under the monopoly of exploitation of the Editor or are reproduced with the agreement of the rights holders. Any act of exploitation of the aforementioned elements, in particular by reproduction and/or representation, is expressly prohibited.
The Publisher grants Users a personal right to use the Application, Content, and Services, non-commercial, non-transferable, non-assignable, non- transferable, worldwide, and free of charge only for their own needs within the framework of the use of the Application and Services, excluding any other purpose and subject to strict compliance with the T&Cs. Any act contrary to these T&Cs and in particular any act of reproduction and/or representation of the Application and/or the Content without the authorization of the Publisher is prohibited and may be subject to legal proceedings.
Users retain the intellectual property rights potentially attached to the content they upload to the Application. Any User and/or Partner uploading content to the Application expressly warrants that they have all necessary rights and permissions, and grants to the Publisher a non-exclusive, transferable, sublicensable, free, and worldwide license to host, use, distribute, modify, perform, copy, publicly display, or publicly perform, translate this content until such content is removed.
Users expressly undertake not to infringe the rights of the Editor, and in particular to refrain from any act of counterfeiting, unfair competition, or parasitism of the Application and its Contents.
12. USER OBLIGATIONS
Users expressly undertake to:
• Download the Application to their equipment for personal and non- commercial use only.
• Not to use the Application or Services for professional, commercial, or lucrative purposes.
• Not to infringe the intellectual property rights of us or third parties regarding the use of the Application.
• Only proceed with short quotations, analyses, and reproductions of the Content of the Application intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and under no circumstances use software intended to copy a substantial part of the Content.
• Not to extract or reuse, including for private purposes, without prior written authorization from the Publisher, a substantial or non-substantial part of the Content of the Application.
• Expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, or to take any action likely to impose a disproportionate burden on the Editor's infrastructure.
• Not to use technology that interferes in any way with the proper functioning of the Application, including by blocking any advertisements or promotions displayed on it.
• Not to implement systems likely to compromise the integrity of the Application and/or the Content in whole or in part, or likely to violate these T&Cs.
• Not to transmit any defamatory, explicit, offensive, or otherwise reprehensible content on the Application and more generally not to use the Services for illegal or prohibited purposes under these T&Cs.
• Not to transmit to the Editor (especially during the creation or updating of the Account) false, misleading, deceptive, or fraudulent information.
• Not to open more than one Account on the Application and not to open an Account on behalf of another person.
• Not to use another User's Account, share an Account with another User, or manage multiple User Accounts.
• Not to publish referral codes on a review publication site, such as Apple App Store, Google Play Store, or Trustpilot.
• Not to use the Services for harmful or malicious purposes.
• Not to infringe on the rights and image of the Publisher, especially its intellectual property rights, and not to use the Services to harm the Editor in general.
• Inform the Editor upon becoming aware of any malicious act, including infringement or dissemination of content prohibited by law, and of any illegal or non-contractual use of the Application and/or the Content, regardless of the method of dissemination.
Any violation of these commitments constitutes a serious breach of the User's contractual obligations under these Terms of Use. If the Publisher discovers a violation by the User, it reserves the right to immediately suspend or terminate access to the Application and delete the corresponding Account.
13. PERSONAL DATA
In the context of using the Services, we collect and process certain personal data of the User. Upon registration, the User acknowledges and accepts the processing of their personal data by Live Poker in accordance with applicable law and the provisions of our Personal Data Protection Policy. For more information regarding the information we collect from you and how we use it, please refer to our Personal Data Protection Policy.
14. AVAILABILITY OF THE APPLICATION
The Editor provides Users with access to the Application 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.
The Publisher may, at any time, without its liability being incurred:
• Suspend, interrupt, or limit access to all or part of the Application, reserve access to the Application, or certain parts of the Application to a specific category of Users.
• Suspend or limit access to the Application in order to carry out updates. The Publisher shall not be liable in case of inability to access the Application due to an event beyond its control (including technical hazards, disruptions on the internet network, etc.).
15. PUBLISHER'S LIABILITY
15.1 - Access and Use of Services
It is the responsibility of Users to take all appropriate measures to protect their own data and/or software stored on their equipment against any infringement of their integrity.
Users accept the possibility that the Application may face technical problems such as connection and/or access to the internet network issues; problems related to network failure or saturation; transit time issues, access to information posted online; risks of interruption; risks of contamination by potential viruses circulating on said networks, etc., for which the Editor cannot be held responsible.
15.2 - Liability
The Publisher cannot be held responsible for:
• Use of the Application by Users contrary to its purpose.
• Users' non-compliance with these Terms of Use.
• Failure, loss, delay, or transmission error of data due to a third- party external to the execution of the Application;
• Technical problems and/or a cyber-attack occurring without fault of the Publisher.
• Sending messages and/or data to a false, incorrect, or incomplete address.
• Failure to receive data for any reason, or if the data received is illegible or impossible to process.
The Publisher disclaims all liability in the event of misuse of the terminal and/or incidents related to the use of the terminal when using the Application.
Given the technical computer and telecommunications constraints inherent in the use of the Application, the Publisher's liability cannot be engaged in case of damage caused by a malfunction of one or more access steps to the Application and/or the proposed Service, due in particular, but not exclusively, to the inconveniences inherent in the use of the internet network, such as service interruption, external intrusion, presence of computer viruses, or malfunction of any kind. The User is invited to promptly report to the Publisher any difficulties encountered in using the Application.
The Publisher does not guarantee optimal operation of the Application if the version used does not correspond to the latest version of the Application on download platforms (Google PlayStore and Apple APP Store). The Publisher's liability shall not be incurred.
The Publisher's liability shall not be incurred in the event of damage caused by a malfunction on a previous version of the Application. If the Publisher has legitimate reasons to believe that the security of the Application is compromised or that misuse of the offered Service is due to unauthorized use of the User's login credentials, the Publisher may temporarily deactivate their Account to preserve the integrity of the Application and the data of their user account.
The User agrees to use the Application in accordance with its purpose and to refrain from any unlawful, unfair, dishonest action, or any action that could be assimilated to fraudulent practices of any kind.
The Publisher's liability shall not be incurred if the non-performance or improper performance of the Publisher's obligations is attributable either to the User's
behavior, or to an unforeseeable and insurmountable event by a third party under these Terms of Use (including sources of information published by third parties), particularly partners over whom the Publisher has no control, or due to a force majeure event, as defined by Article 1218 of the Civil Code. Force majeure includes, but is not limited to: natural disasters, fires, strikes, breakdowns, shortages, war, power outages, telecommunication network failures, internet connectivity losses due to public or private operators. Furthermore, the Publisher's liability shall not be incurred for any indirect damages resulting from these Terms, loss of business, loss of profit, damages, or expenses.
Without prejudice to the cases of exclusion of the Publisher's liability provided for in these Terms of Use, the Publisher's liability may only be incurred for the compensation of direct, real, foreseeable, and certain damages suffered by the User, provided that the latter provides evidence that the Publisher's contractual breach is the direct cause of their damage.
The User acknowledges and agrees that losses of opportunity, losses of operation in the accounting sense, losses of productivity, contracts, and/or margins, loss of earnings, as well as the non-realization of expected savings or earnings, or any damage to reputation, cannot be subject to compensation.
Furthermore, if the Publisher were to be the subject of an amicable or judicial procedure due to the Users' use of the Application, compensation could be sought from them for all damages, sums, convictions, and expenses that may result from this procedure.
16. CONTENT REMOVAL
The Publisher reserves the right to remove without notice any Content that contravenes regulations and any content that may infringe the rights of third parties or be harmful to third parties, in any way and in any form, as defined by the applicable regulations.
You may delete individual content that you share, publish, and import until the end of a Tournament day.
Beyond this deadline, you can request this deletion from the Publisher. Additionally, all content published on your personal account will be deleted if you delete your account.
Once we initiate the account deletion process or receive a content deletion request, the deletion may take up to 90 days.
If you place content in the trash, the deletion process will begin automatically.
When the deletion process of such content begins, other users can no longer see this content. Once the content is deleted, its removal from backup and disaster recovery systems may take up to an additional 90 days.
Content will not be deleted within 90 days of account deletion or the start of the content deletion process in the following situations:
• Deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will proceed with deletion as soon as it is technically feasible, or
• The content has been reposted or shared on another service or platform.
• Immediate deletion would limit our ability to:
-Identify or investigate illegal activities or violations of our terms and policies (e.g., identifying or investigating misuse of our products or systems);
-Protect the security and integrity of our products, systems, services, and users, and defend ourselves.
-Comply with legal obligations for evidence preservation; or
- Comply with a request from a judicial or administrative authority, law enforcement, or a government agency.
In each of the cases mentioned above, this license will be maintained until the complete deletion of the content.
Reporting procedure
The Publisher provides Users and visitors with a reporting procedure, the details of which can be consulted here.
17. LINKS TO OTHER SITES
The Application contains links to third-party websites. Linked sites are not under the control of the Publisher, who is not responsible for their content. The Publisher disclaims any responsibility in the event of any technical problems and/or for in which case, the content will not be kept for longer than necessary for the purposes for which it was kept (the exact duration varying on a case-by-case basis).
Security vulnerabilities arising from a hyperlink placed on its Application or Website.
It is up to the Users to perform all necessary or timely verifications before proceeding with any transaction with any of these third parties outside the Application.
18. SUSPENSION- TERMINATION OF ACCOUNT
18.1 - At the User's Initiative
The User may request the deletion of their Account via the Application at any time. Deleting an Account results in the deletion of all associated user data and content.
The User can cancel the deletion of their Account if the cancellation process was initiated less than 8 days prior. However, once the 8-day period has elapsed, the Account will be permanently deleted.
18.2 - At the Initiative of the Publisher
18.2.1 The Publisher may terminate the use of the Application and/or the Site at any time by giving Users a 30-day termination notice.
At the time of any termination, the rights and licenses granted to Users will be terminated, and they must cease all use of the Application.
18.2.2 (i) In case of a User's reparable breach of their obligations and not immediately prejudicial to the Publisher, such as the communication of outdated or incomplete information during registration or later, the Publisher will inform the User requesting that corrective measures be taken as soon as possible. In case of no
response or correction from the User, the Publisher may, after a reminder, suspend the User's Account pending compliance.
(i) In case of suspicion of fraud or abnormal activity on the User's Account, the Publisher will immediately suspend the Account and inform the User as soon as possible. The User undertakes to provide any useful information in their possession within the deadlines specified by the Publisher.
If the User's response does not allow for understanding or termination of fraud or abnormal activity, the Publisher will request additional information, granting a new deadline to the User. If the User's response demonstrates the absence of fraud or illegal activity, the User's Account will be restored by the Publisher.
In case of no response from the User and persistent abnormal activity on their Account, the Publisher reserves the right to contact the User again to request necessary information. The Account will remain suspended until the account returns to normal or until the information is provided to end the suspicion of fraud.
(iii) Any serious and/or irreparable breach of its obligations by the User, such as identity theft, false statements allowing the creation of an Account, the transfer or acquisition of an Account, or any other fraudulent activity, will result in the immediate deletion of the User's Account.
18.2.3 The User is informed that the Publisher may take legal action against the User, particularly seeking damages.
19. CONTACT
Any questions regarding the Application and/or the Services must be addressed by email to the following address:
20. APPLICABLE LAW
These Terms of Use are subject to French law. Any dispute or disagreement relating to the execution or interpretation of these regulations that cannot be settled amicably between the Parties will be submitted to the competent courts.