WEBSITE USER AGREEMENT
1. DEFINITION OF CONCEPTS
In the text of this Agreement, the following terms are given the following meaning:
"Site" means the following website: kingshands.com/en, which is owned by the Company and located at the following link: https://kingshands.com/en/usloviya-polzovaniya/.
"User", "you", "your", "you", "by you" or any other similar derivatives (as the context requires) means the person who (1) uses the Site and/or has accessed its Content; and (2) has agreed to comply with the rules for using the Site, set forth in the text of this Agreement, by using this Site.
"Company", "We", "Our", "Us", "Us" or any other similar derivatives (depending on the context) means the following entity: KINGSHANDS, address: Ukraine, Kyiv, vul. Kudryashova, 18a (including, its branches and representative offices both on the territory of the Ukraine and abroad, as well as any other persons created as a result of the reorganization of the Company), which owns or manages the Site.
"Site Content" means all items posted by the Company and / or third parties (with the permission of the Company) on the Site, including design elements, text, graphics, illustrations, videos, programs, music, sounds, information, notifications and any or other objects of similar purpose, their selections or combinations.
"Site Software" means software developed by the Company (and/or third parties on behalf of the Company) for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"Services" means the Site Content and the Site Software collectively.
2. JOINING THE AGREEMENT
2.1. Users use the Site for the following purposes:
purchase of programs and services for playing poker in online sites or applications, familiarization with updates to applications, instructions, news from Kingshands
2.2. This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Site and Services, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Site and Services.
2.3. The User accepts the terms of this Agreement by continuing to use the Site.
2.4. This Agreement is binding on its parties (i.e. for the Company and the User). Assignment by the User of his rights under this Agreement is possible only after obtaining prior written consent from the Company.
3. SITE USERS
General criteria and age
3.1. To use the Site, Users must meet the following criteria (cumulatively):
(1) be at least 18 years of age; and
(2) not be restricted in the right to access the Site and Services on the basis of a court decision that has entered into force, or in cases provided for by applicable law or the terms of this Agreement; and
(3) comply with the following conditions / meet the criteria:
-do not have gambling problems
- do not create multiple accounts for one person
-do not try to find vulnerabilities in the protection of the site
-do not try to find vulnerabilities in the site's payment systems
Registration on the site and creating a personal account
3.2. The use of this Site is possible both by Users who have passed the free registration procedure and created their personal account (office), and by Users who have refused such registration. Unregistered Users do not have access to the following Services:
- making purchases
- Contact support
- view any public pages of the site except for the personal account
3.3. To remove these restrictions and gain full access, the User must register on the Site. Based on the results of registration completion, the User receives a unique login and password.
3.4. This Agreement applies equally in full (without any exceptions) to both registered and unregistered Users.
3.5. To register, the User must provide the following information about himself:
- email address
4. INTELLECTUAL PROPERTY
4.1. The Company owns all, without exception, property rights, including intellectual property rights, to all Site Content, as well as Site Software. The Site Software and Site Content are protected by copyright in the manner prescribed by the current civil legislation of the Ukraine, as well as international treaties and conventions in the field of protection of intellectual property.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Site Content and the Site Software, except as expressly permitted by the terms of this Agreement or the current legislation of the Ukraine.
4.3. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Site Content (in whole or in a separate part) and / or the Site Software.
4.4. The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in this Agreement shall be construed as granting any license to the User to use such Trademarks.
5. ORDER OF WORK WITH THE SITE
Rules of conduct on the site
5.1. While using the Site, the User undertakes to adhere to the following rules:
(1) comply with all obligations assumed by the User in connection with accession to this Agreement; and
(2) provide reliable data about yourself during registration on the Site and to create a personal account (office); and
(3) not to impersonate any other person, including, but not limited to, not to provide any data of third parties (without obtaining their express, prior and informed consent) to register on the Site and/or to create a personal account (cabinet); and
(4) inform the Company about the theft of logins, passwords or any other access keys of the User to the personal account (cabinet); and
(5) not provide third parties with access to your account (cabinet) and / or logins, passwords or other access keys; and
(6) not perform any actions (with or without automation tools) aimed at collecting any personal data of other Users; and
(7) not take any action or assist third parties in taking actions aimed at undermining the operation of the Site, including, but not limited to (a) uploading viruses or malicious code; (b) take actions that may lead to the disabling of the Site, disruption of the normal operation of the Site or Site software, or deterioration in the appearance of the Site and / or Site Content.
(8) not take any other action that is illegal, fraudulent, discriminatory or misleading.
Reviews about the site
5.2. Each User has the right (but not the obligation) from time to time to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Site or the quality of the Services provided. Such feedback can be sent by the User in the following way:
5.3. In the event that such an idea, feedback, suggestion or project is submitted, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sub-licenses to store, use, distribute, modify, launch, copy, publicly perform or display , translating your ideas, feedback, proposals or projects, as well as creating derivative works based on them.
6. ADVERTISING ON THE SITE
Placement of advertising by the company
6.1. The Company may from time to time place any advertising or marketing materials on the Site.
6.2. The User may from time to time receive communications from the Company with certain promotional or marketing materials. Sending by the Company of the specified materials is carried out only with the consent of the User, expressed in the form of an appropriate subscription by performing the following actions:
subscription to Pokerenergy company accounts in social networks
6.3. The User also has the right to cancel such a free subscription at any time and without giving a reason by performing the following actions:
unsubscribe from Pokerenergy social media accounts
Placement of advertising by third parties
6.4. The Site Content may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third Party Advertisements"). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD PARTY ADVERTISING OR FOR THE AVAILABILITY, QUALITY AND SAFETY OF PRODUCTS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY LOSS, LOSS, OR DAMAGE SUFFERED OR CAUSED BY THE USER AS A RESULT OF THE USER'S READING SUCH ADVERTISEMENTS, USE OF THE PROMOTED GOODS/SERVICES PROMOTED BY THIRD PARTY.
6.5. In case of transition to another site through the Advertisement of third parties placed on the Site, the Company cannot guarantee that such a website is safe for the User and/or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use Third Party Advertisements, visit any third party websites, as well as try, purchase, use any goods/services of third parties.
6.6. Issues related to the protection of personal data of Users when they use Third Party Advertisements are governed by the Personal Data Processing Policy.
7. PURCHASING THROUGH THE SITE
7.1. Users have the ability to purchase certain goods/services on the Site. The seller of such goods/services can be both the Company itself and third parties (partners, sellers, distributors) (hereinafter referred to as "Suppliers") - depending on what is indicated in the description for a particular product/service.
7.2. WARNING WHEN PURCHASING GOODS/SERVICES FROM SUPPLIERS. Responsibility for the execution of the sale and purchase agreement concluded between the User and the Supplier through the Site on the basis of the information provided by the Company about the product/service or the Supplier, as well as for the observance of consumer rights violated as a result of transferring goods/services of inadequate quality to the consumer and exchanging non-food products of appropriate quality for a similar product, shall be borne by the Supplier.
7.3. The Company does not store any information about your debit or credit card used for payment.
7.4. THE COMPANY PROVIDES THE ORDERED GOODS/SERVICES ONLY AFTER RECEIVING PAYMENT IN FULL.
7.5. If the Company cannot provide you with the ordered and paid for goods/services, the Company undertakes to immediately return to you the entire amount previously paid to cover the cost of the ordered goods/services (with the exception of bank commissions and costs that could be charged by your servicing bank when paying for goods/services). services through the Site).
7.6. The Company does not guarantee the availability of a particular product/service on the Site.
Methods and terms of delivery
7.7. The Company provides the following methods of delivery of goods/services ordered on the Website:
-delivery of registration keys to e-mail
7.8. Any import (import) taxes, fees or charges (for example, VAT) in the country to which such delivery is carried out may be additionally charged on the cost of the goods / services ordered by you. The Company does not pay on behalf of the Users the specified import taxes, fees or charges, cannot predict whether they will need to be paid, as well as the estimated amounts of such charges.
7.9. The User has the right to present the Company with a demand for the return of the funds paid by him earlier for the product/service, if such product/service was not received by the User within the agreed period. In this case, the Company undertakes to refund such amount in full within 10 (ten) calendar days.
7.10. The Company does not assume any responsibility for a delivery error that occurred due to the fault of the User, who, for example, did not provide the correct recipient information.
7.11. The cost of goods/services on the Site is indicated in USD. Payment for goods/services must also be made in USD.
7.12. If you do not have an account in the specified currency, then you can use your debit or credit card, and the servicing bank (debit or credit card holder) will make the appropriate conversion at the exchange rate in accordance with its internal bank rules. The Company is not responsible for the exchange rate used by your servicing bank in such conversion.
7.13. The user can pay in one of the following ways:
1) Yandex money
2) Bank card
7.14. Please note that the Company may at any time refuse to accept a particular payment method without any explanation or notification of Users.
7.15. The Goods/Services are considered paid by the User in full from the moment of confirmation of the execution of such payment by the banking institution servicing the User's debit or credit card, which was used by him to pay on the Site.
7.16. Please note that your servicing bank may, at its own discretion, conduct additional checks of the completed transaction through our Site, which may subsequently lead to a delay in payment for the goods/services ordered by you earlier.
7.17. The Company does not assume any responsibility for losses, damages, lost profits, loss of goodwill that the User has incurred due to a delay in payment, which in turn could lead to a delay on our part in providing you with a certain product / service.
The procedure for the exchange and return of goods
7.18. The user has the right to exchange or return previously purchased goods. Only those goods that are not subject to exchange and return are those specified in Decree of the Government of the Ukraine, dated December 31, 2020 No. 2463 "On approval of the Rules for the sale of goods under a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer's requirement for free providing him with a product that has the same basic consumer properties for the period of repair or replacement of such a product, and a list of non-food products of good quality that are not subject to exchange, as well as on amendments to certain acts of the Government of the Ukraine. In all other cases, the User has the right to contact the Company
8. SUBSCRIBE ON THE SITE
8.1. Access to the Site and its Services does not require any subscription from the Users.
9. TERMINATION OF ACCESS TO THE SITE
9.1. The user has the right to stop using the Site at any time by deleting his account:
Contact support using the details on this page: https://kingshands.com/en/contacts/
9.2. In case of (1) violation by the User of the terms of this Agreement; and/or (2) violation of the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Site or the ability to use the Site by other Users; and/or (4) the Services or the Site is used by the User in such a way that it may entail legal liability of the Company in the future; and/or (5) if required by applicable law or a competent state authority, the Company has the right to terminate (stop) the User's access to the Site and its Services at any time without prior notice.
9.3. Such termination of access, among other things, also implies the deletion of the User's personal account.
9.4. The User is duly aware that the Company does not take responsibility for any damage, losses, lost profits, loss of business or personal reputation caused to the User by deleting or blocking the account and / or inability to access the Site and its Services.
10. ASK A QUESTION
10.1. If you have any questions regarding the terms of this Agreement or the procedure / method of their execution, you can address your question to us in the following way:
Contact support using the details on this page: https://kingshands.com/en/contacts/
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
11.1. IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) For any indirect, random, unintentional damage, including lost benefits or lost data, harm of honor, dignity or business reputation, caused by the use of the site, services or other materials to which the user or other persons gained access through the site , EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER-POSTED CONTENT, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESSED THROUGH OUR SITE) TO WHICH A USER IS SUPPLIED; and
(3) in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
11.2. Our liability for anything related to the use of the Site and/or Services is limited to the extent permitted by applicable law.
12. DISPUTES RESOLUTION
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Ukraine.
13. FINAL PROVISIONS
13.1. This Agreement comes into force from the moment of its publication on the Site (via the following link: https://kingshands.com/en/usloviya-polzovaniya/) and is valid for an indefinite period of time.
13.2. We may revise, supplement or change the terms of this Agreement from time to time. Such changes are generally not retrospective. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY TO NOTIFY USERS OF UPCOMING OR PAST CHANGES TO THE AGREEMENT TEXT. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Site, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.3. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of the current legislation, the substantive law of the Ukraine shall apply to the terms of this Agreement.
13.4. An integral part of this Agreement is the Personal Data Processing Policy.
13.5. If one or more terms of this Agreement become invalid or invalid under applicable law, the remaining terms of the Agreement do not lose their force and continue to operate as if the invalid or invalidated term did not exist at all.
13.6. Access to the Site and its Services is provided to the User "as is", We do not promise, guarantee, imply that the Services and the Site may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences resulting from your use of the Site and its Services.