Terms of Use Agreement
WE REQUIRE YOU TO READ THE FOLLOWING AGREEMENT BEFORE USINGANY SOFTWARE OR SERVICES ON OUR WEBSITE. TERMS AND CONDITIONS(TERMS OF USE AGREEMENT) EXPOUND YOUR RIGHTS AND OBLIGATIONS.IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, YOU ARE NOTALLOWED TO USE OUR SOFTWARE AND SERVICES ON OUR WEBSITE.
For your information: PLEASE NOTE THAT THE FOLLOWING TERMS OF USESECTION CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOUAND STUDLEON LIMITED. THIS AGREEMENT IS SUBJECT TO BINDINGARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED INSECTION 9.
STUDLEON LIMITED is the legal entity that oversees the development andoperation of NutsPoker TM and all its products and services.
The following statement references STUDLEON LIMITED, its subsidiaries, affiliates,licensors/licensees collectively referred to herein as 'Company', 'We', 'Us', and 'Our'
THE FOLLOWING TERMS OF USE ('TERMS' OR 'AGREEMENT') SET A LEGALAGREEMENT BETWEEN YOU AS A CUSTOMER ('YOU' OR 'YOUR') ANDSTUDLEON LIMITED AS THE LEGAL ENTITY. BY USING ANY OF PRODUCTSAND SERVICES ('PRODUCTS' OR 'SERVICES') PROVIDED BY OUR COMPANY,YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THEENTIRE 'TERMS OF USE' SECTION ON THIS PAGE.
We also ask you to read our Privacy and Cookie Policy. If you do not accept it,please do not use any of our Products and Services.
Software Development and Licensing Information
Gaming software developed and provided by EvenBet Gaming exclusively forSTUDLEON LIMITED. Here you can find information about licenses and approvedgame types.
Random Number Generator (RNG) tested and certified by iTech Labs, the world'sleading RNG testing and certification company. Here you can find information abouta license. RNG also has received certification from Gaming Labs International (GLI).
1. General Terms and Conditions
● This agreement can be changed, expanded, or updated at any time at oursole discretion.
● You assume full responsibility for respecting the laws and legal restrictions ofyour country as well as international laws.
● You assume legal responsibility for permission to play poker according to theregulations of your jurisdiction.
● You accept our Privacy and Cookie Policy.
● We are authorized to deny your access to any part of the content on ourplatform at any time without warning at our sole discretion.
● Your actions and behavior (including interactions with other users) are yoursole responsibility. Note we do not require ourselves to get involved indisputes and conflict situations, but we can do it if we want to
2. Fundamentals and Eligibility criteria
2.1 You must be 18+ to use our services
Please note you must be 18 or older to use any software and services on ourwebsite. If you are currently under 18 years, you are not allowed to use our software.If you downloaded any applications developed and provided by STUDLEONLIMITED, you must delete them right away.
2.2 You must be a real person to use our Services
We require users to verify themselves to make use of our products safe and secure.You also must be a natural person. You cannot sign up and use our Services as alegal entity
2.3 You must comply with the laws and regulations of your jurisdiction
Our Services are not for use by individuals who are prohibited from playing poker bythe laws and regulations of their jurisdiction. We do not intend to enable you tocontravene applicable laws in any case. You warrant and agree to ensure that youruse of our services will comply with all applicable laws, statutes, and regulations ofyour country. We will not take responsibility for any illegal or unauthorized use of oursoftware and services by you.
2.4 Failure to Comply
We are entitled to require you to present proofs that you meet the conditions andeligibility criteria set out in this Agreement. Failure to comply will result in the banningof your Account.
3. Creating and using your Account
3.1 Grant of access
According to these Terms of Use, we allow you, where permitted by the applicablelaw to:
1. Register to play games on the NutsPoker platform.
2. Get access to other content and services provided by STUDLEON LIMITED.
3.2 Registration and email verification
You are allowed to register and create your Account to use our software andservices. To sign up, you can provide a valid email address. If the activation processis not completed, STUDLEON is entitled to suspend all activities on the Account untilall details are verified.
3.3 Confidentiality of your account information
When you create an Account on NutsPoker, you must treat your user name,password, or any other piece of information related to your Account as confidential.You must not disclose it to third parties, including natural persons and legal entities.
By creating an Account, you accept it is personal to you and agree not to provide anyother person with access to the Service, including our applications.
You are responsible for all activity and transactions entered into on or through yourAccount. You agree that we may treat any activity performed or transaction enteredinto on or through your Account as authorized by you. You agree to notify usimmediately of any unauthorized access to your Account. You also agree to ensurethat you exit from your Account at the end of each game session.
3.4 Right to disable Account and Account information
We are entitled to disable any information including username, password, or otheridentifiers at any time for any or no reason (including if, in our opinion, you haveviolated any provision of these Terms of Use Agreement).
3.5 Right to modify, remove, and add to the Service:
We are eligible to modify, remove, or add to the Service without notice. Please notewe will not be liable for any loss suffered by you resulting from any changes made,and you will have no claims against us in such regard.
If you do not accept the statements of this Agreement, you should immediately stopusing the Software and remove it from your device.
4. Grant of License/Intellectual Property
4.1 Limited License Grant
Subject to the terms and conditions contained herein, STUDLEON LIMITED grantsthe User the non-exclusive, personal, non-transferable, non-sublicensable, revocableright to install and use the Software
4.2 License Grant Limitations
The Software is licensed to you by STUDLEON LIMITED for your private personaluse. Please note that the Service is not for use by individuals under 18 years of age,or by connecting to the Software or servers from jurisdictions from which it is illegalto do so.
4.3 License Grant Prohibitions
You may not, within the limits prescribed by applicable laws, copy, distribute, publish,reverse engineer, decompile, disassemble, modify, or translate the Software or makeany attempt to access the source code to create derivate works of the source codeof the Software, or otherwise:
1. sell, assign, sublicense, transfer, distribute or lease the Software;
2. make the Software available to any third party through a computer network orotherwise;
3. export the Software to any country (whether by physical or electronic means);or
4. use the Software in a manner prohibited by applicable laws or regulations(each of the above is an "Unauthorized Use").
4.4 Use of Names and Images
You warrant that any names or images used by you in connection with your Accountin connection with the Service (for example, your username) shall not infringe on theintellectual property, privacy, or other rights of any third party. You hereby grantSTUDLEON LIMITED a worldwide, irrevocable, transferable, royalty-free,sublicensable license to use such names and images for any purpose connectedwith the Service, subject to the terms of this Agreement and the terms of the PrivacyPolicy
4.5 Notice and Procedure for Making Claims under the Digital MillenniumCopyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright ownerswho believe that their rights under the United States Copyright Act have beeninfringed by acts of third parties over the Internet. If an individual believes that theircopyrighted work has been copied without their authorization and is available withinthe Service in a way that may constitute copyright infringement, he/she may providenotice of their claim to our Company. For notice to be effective, it must include thefollowing information:
1. a physical or electronic signature of a person authorized to act on behalf ofthe owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the allegedly infringing material is located within theService;
4. information reasonably sufficient to permit our Company to contact thecomplaining party, such as address, telephone number, and, if available, anemail address at which the complaining party may be contacted;
5. a statement that you have a good-faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate and, underpenalty of perjury, that the complaining party is authorized to act on behalf ofthe owner of an exclusive right that is allegedly infringed.
4.6 Trademarks
We own or are in the process of registering trademarks for our many goods andservices, including, without limitation, NutsPoker and the associated graphics, logosand service marks and these may not be used without prior written consent of ourCompany. All other trademarks, product names, and company names and logosappearing within the Service are the property of their respective owners.
4.7 Rights of Publicity
By participating in the Service, you agree to the use by our Company of yourusername, photograph(s), likeness, statements, biographical information, voice andcity and state address for advertising and promotional purposes of the Service,including, without limitation, worldwide, and in perpetuity, in any and all forms ofmedia now known or hereafter devised, without compensation, review or approvalrights, notification or permission, except where prohibited by law. Our Companyreserves the right to make public statements about entrants and winner(s), on theInternet, 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 andpromotion of the Service or of our Company.
4.8 Ideas and InventionsAll comments, feedback, suggestions, ideas, and other submissions (“Ideas”)disclosed, submitted, or offered to our Company in connection with your use of theService shall be the exclusive property of our Company. You agree that unlessotherwise prohibited by law we may use, sell, exploit and disclose the Ideas in anymanner, without restriction and without compensation to you.
5. Virtual Items
5.1 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 reflectany stored value.
5.2 You do not own your Account and any Virtual Items that you have obtainedthrough our Service, regardless of whether you “earned” those Virtual Items or“purchased” them. Your Account and any related Virtual Items are owned by TheCompany.STUDLEON LIMITED gives you a limited license and right to use your Account andthe related Virtual Items while we offer the Service.
5.3 You are not allowed to transfer your Account and Virtual Items outside of theService (e.g., in the “real world”), for example by selling, gifting, or trading them. Youare not allowed to sublicense, trade, sell, or attempt to sell your Account and VirtualItems for “real” money, or exchange Virtual Items for value of any kind outside of agame. Any such behaviors constitute a breach of this Agreement and STUDLEONLIMITED is entitled to take immediate action if the Company believes you are inviolation of this provision, including Account closure.
5.4 Any and all references in the Site and/or App to “cashier,” “earnings”, “fees” orthe like are solely for instructional or illustrative purposes and do not involvewagering real money.
6. Restrictions and Prohibitions
Please note we do not allow you:
● To modify or purposely disassemble our Software;
● To collude between you and other users when playing games on NutsPoker;● To use any bots or automatic playing software;
● To use real-time assistance software;
● To take any attempts at fraudulent activity while using Services;
● To try to get access to other users' accounts;
● To create new accounts after being banned or restricted.
6.1 Software Modifications/Manipulation of Vulnerabilities
You may not attempt to modify or disassemble the Software in any way. You may notexploit 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 theoperation of software designed to detect or prevent cheating.
6.2 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 othermethods is strictly forbidden. You may not collude with another user who is usingunauthorized software, hardware, or modifications to obtain an advantage over otherusers of the Service. Two or more players may not make any agreement to sit outsimultaneously, whether at the same table or different tables. The Company reservesthe right to consider any collusion or any attempt at collusion between users as abreach of this Agreement and to terminate the user account(s) and restricthis/her/their further access to the Service and other Company products.
6.3 Automatic Players (Bots)
The use of artificial intelligence including, without limitation, “robots” or “bots” isstrictly forbidden in connection with the Service. All actions taken in relation to theService by a User must be executed personally by players through the user interfaceaccessible by use of the Software, and without the assistance of any form of artificialintelligence.
6.4 Solvers and Real-Time Assistance Software
It is prohibited to use Game Theory Optimal Solvers (such as PokerSnowie,MonkerSolver, or PIO Solver) while using our software. Poker Calculators (PowerEquilab, Flopzilla, Cardrunners EV, etc.) and real-time assistance software thatsuggests in-game decisions are also prohibited.For the avoidance of doubt, what is prohibited encompasses but is not limited toaccessing or compiling information on other players beyond that which you havepersonally observed through your own game play or receiving advice, direction orassistance on how to play, in real time, that goes beyond a basic level.
6.5 Chip-Dumping
Chip-dumping occurs when any user intentionally loses a poker hand in order todeliberately transfer his/her chips to another user. Any user who participates orattempts to participate in chip-dumping with any other user, including being therecipient of chips, while using the Service may be permanently banned from usingthe Service.
6.6 Fraudulent Behavior
In the event that The Company deems that you have engaged or attempted toengage in fraudulent, unlawful, dishonest or improper activity while using theService, including, without limitation, engaging in any of the activities set forthhereunder “Prohibited Uses” or any other game manipulation, STUDLEON LIMITEDreserves the right to take action against you, including to block you from access tothe Service, to terminate your Account along with blocking the possibility of futureaccess to Company Services, and to report you to governmental or other authorities.
6.7 Accessing Other Player Accounts
You shall access the Software and use the Service only via your own account(s) andyou may never access the Software or use the Service by means of anotherperson’s account. Should you attempt to use the Service by means of any otherperson’s account, we will be entitled to immediately close any and all of youraccounts.
6.8 Prohibition from Creating New Accounts
In case of account closure due to a prohibited use, as outlined in this section, youare prohibited from creating new accounts. Any future attempt to create an accountafter being banned from the Service will be considered a breach of this Agreementand will result in the closure of such account.
7. No Warranties Statement
7.1 NO WARRANTIES DISCLAIMER
OUR PRODUCTS AND SERVICES (INCLUDING THE APPLICATION) AND ALLCONTENT ARE PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND.STUDLEON LIMITED, OUR PARTNERS, SUBSIDIARIES, LICENSORS, COMPANYSTAFF, AND AFFILIATES (COLLECTIVELY, THE 'COMPANY PARTIES') DISCLAIMANY WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULARPURPOSE.
THE COMPANY PARTIES MAKE NO WARRANTY THAT THE SERVICE WILLMEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,SECURE, OR ERROR-FREE BASIS. THE COMPANY PARTIES MAKE NOWARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES ORCONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY,TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANYCONTENT OBTAINED THROUGH THE SERVICE.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS ANDINTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHERPERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OFYOUR USE OF THE SERVICE. YOU UNDERSTAND THAT STUDLEON LIMITEDDOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERSOF THE SERVICE, NOR DOES STUDLEON LIMITED MAKE ANY ATTEMPT TOVERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE COMPANYPARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THECONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANYCURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKEREASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONSWITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITHWHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OFTHE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR INPERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OFIMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THEDISCLAIMERS OF THIS SECTION.
7.2 Right to suspend/discontinue/modify the Service
Where we consider it necessary to do so, the Company reserves the right tosuspend, discontinue, modify, remove or add to the Service in its absolute discretionwith immediate effect and without an obligation to provide you with notice.
7.3 Updates to the Service/Maintenance
You acknowledge and agree that STUDLEON LIMITED may update the Service withor without notifying you. STUDLEON may require that you accept updates to theService and you may also need to update third party software from time to time inorder to receive the Service. STUDLEON LIMITED conducts maintenance work onits system from time to time. A portion, or sometimes all, of the features of theService may not be available during maintenance periods. All problems encounteredduring the use of the Service, including those with regard to Your Account, can bereported to STUDLEON LIMITED when the problem is encountered by contacting
[email protected].
8. User Contributions
8.1 General Terms
The Service may contain message boards, forums, bulletin boards and otherinteractive 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 orthrough the Service.
Any User Contribution you post to the Service will be considered non-confidentialand non-proprietary. By providing any User Contribution on the Service, you grant usand our affiliates and service providers, and each of their and our respectivelicensees, successors and assigns the right to use, reproduce, modify, perform,display, distribute and otherwise disclose to third parties any such material for anypurpose.
You understand and acknowledge that you are responsible for any UserContributions you submit or contribute, and you, not STUDLEON LIMITED, have fullresponsibility for such content, including its legality, reliability, accuracy andappropriateness. We are not responsible, or liable to any third party, for the contentor accuracy of any User Contributions posted by you or any other user of theService.
We are entitled to:
● remove or decline to post any User Contributions for any reason at our solediscretion;
● take any action concerning any User Contribution that we deem necessary(including if we believe that such User Contribution violates our Terms of Use,infringes any intellectual property right of any person or entity)
● disclose your identity and any information about your account to third parties ifthey claim that material posted by you violates their rights, including theirintellectual property rights;
● disclose your identity or information about your account to any governmental,law enforcement, or regulatory authority, or in response to a legal processsuch as a subpoena.
However, we do not undertake to review all material before it is posted on theService, and cannot ensure prompt removal of objectionable material after it hasbeen posted. Accordingly, we assume no liability for any action or inaction regardingtransmissions, communications or content provided by any user or third party. Wehave no liability or responsibility to anyone for performance or non-performance ofthe activities described in this section
8.2 User contributed content
User Contributions must comply with applicable federal, state, local, andinternational laws and regulations. We do not allow contributing:
● Any content that is defamatory, indecent, abusive, harassing, violent, hateful,inflammatory, or unlawful;
● Sexual content and pornographic materials;
● Content that contains violence or discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age;
● Materials that infringe any patent, trademark, copyright, or other intellectualproperty;
● Materials that violate the legal rights (including the rights of publicity andprivacy) of other users;
● Content that contains any material that could give rise to any civil or criminalliability;
● Fraudulent materials;
● Materials that promote illegal activity or assist any unlawful act;
● Materials that impersonate any person or misrepresent their identity oraffiliation with any organization;
● Materials related to commercial activities, such as contests, surveys,giveaways, sweepstakes, advertising, or direct sales.
8.3 Reliance on Information Posted
The information presented on or through the Service is made available solely forgeneral information purposes. We do not warrant the accuracy, completeness orusefulness of this information. Any reliance you place on such information is strictlyat your own risk. We disclaim all liability and responsibility arising from any relianceplaced on such materials by you or any other visitor to the Service, or by anyonewho may be informed of any of its contents.
9. Dispute Resolution and Arbitration
9.1 Purpose
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates theprompt and efficient resolution of any disputes that may arise between you andSTUDLEON LIMITED. Arbitration is a form of private dispute resolution in whichpersons with a dispute waive their rights to file a lawsuit, to proceed in court and to ajury trial, and instead submit their disputes to a neutral third person (or arbitrator) fora binding decision. You have the right to opt out of this Provision (as explainedbelow), 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 STUDLEON LIMITED (as defined below, for thisProvision) shall be resolved by binding arbitration. Arbitration replaces the right to goto court. In the absence of this arbitration agreement, you may otherwise have a rightor opportunity to bring claims in court, before a judge or jury, and/or participate in orbe represented in a case filed in court by others (including, but not limited to, classactions). Except as otherwise provided, entering into this agreement constitutes awaiver of your right to litigate claims and all opportunity to be heard by a judge orjury. There is no judge or jury in arbitration, and court review of an arbitration awardis limited. The arbitrator must follow this agreement and can award the samedamages and relief as a court (including attorneys’ fees). For the purpose of thisProvision, STUDLEON LIMITED means STUDLEON and its parent, subsidiary, andaffiliate companies, and each of their respective officers, directors, employees, andagents. The term “Dispute” means any dispute, claim, or controversy between youand the Company regarding any aspect of your relationship with the Company,whether based in contract, statute, regulation, ordinance, tort (including, but notlimited to, fraud, misrepresentation, fraudulent inducement, or negligence), or anyother legal or equitable theory, and includes the validity, enforceability or scope ofthis Provision (with the exception of the enforceability of the Class Action Waiverclause below). “Dispute” is to be given the broadest possible meaning that will beenforced.
YOU AND STUDLEON LIMITED EACH AGREE THAT, EXCEPT AS PROVIDEDBELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHERPRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PASTOR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BYBINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THISPROVISION.
9.2 Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first allowSTUDLEON LIMITED to resolve the Dispute.
You must commence this process by written notification to STUDLEON at
[email protected]. That written notification must include:
● your full name;
● your address;
● a written description of your Claim;
● description of the specific relief you seek.If STUDLEON LIMITED does not resolve the Dispute within 45 days after it receivesyour written notification, you may pursue your Dispute in arbitration. You may pursueyour Dispute in a court only under the circumstances described below.
9.3 Exclusions from Arbitration/Right to Opt Out
Despite the above, you or STUDLEON LIMITED may choose to pursue a Dispute incourt and not by arbitration. TO OPT OUT OF THESE ARBITRATIONPROCEDURES YOU MUST DO SO WITHIN 30 DAYS FROM THE DATE THATYOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Yourwritten notification must include:
● your name;
● your Player ID;
● your address;
● a clear statement that you do not wish to resolve disputes with STUDLEONLIMITED through arbitration.
Your decision to opt out of this Provision will have no adverse effect on yourrelationship with STUDLEON LIMITED. Any opt-out request received after theOpt-Out Deadline will not be valid and you must pursue your Dispute inarbitration or small claims court.
9.4 Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above(“Pre-Arbitration Claim Resolution”), either you or STUDLEON LIMITED may initiatearbitration proceedings. The International Centre for Dispute Resolution (“ICDR”) willarbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.The arbitration shall be commenced as an individual arbitration, and shall in no eventbe commenced as the class arbitration. All issues shall be for the arbitrator todecide, including the scope of this Provision.Arbitration Award—The arbitrator may award on an individual basis any relief thatwould be available pursuant to applicable law, and will not have the power to awardrelief to, against or for the benefit of any person who is not a party to the proceeding.The arbitrator will make any award in writing but need not provide a statement ofreasons unless requested by a party. Such award will be final and binding on theparties, except for any right of appeal provided by the ICDR, and may be entered inany court having jurisdiction over the parties for purposes of enforcement.
9.5 Location of Arbitration
Any arbitration whether initiated by you or STUDLEON LIMITED will be initiated inCyprus.Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitrationfiling fees and arbitrator’s costs and expenses. You are responsible for all fees andcosts that you incur in the arbitration, including, but not limited to, attorneys or expertwitnesses. Fees and costs may be awarded as provided pursuant to applicable law.
9.6 Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidatemore than one person’s claims, and may not otherwise preside over any form of aclass or representative proceeding or claim (such as a class action, consolidatedaction or private attorney general action) unless both you and STUDLEON LIMITEDspecifically agree to do so following initiation of the arbitration. If you choose topursue your Dispute in court by opting out of this Provision, as specified above, thisClass Action Waiver will not apply to you. Neither you, nor any other user of theService can be a class representative, class member, or otherwise participate in aclass, consolidated, or representative proceeding without having complied with theopt-out requirements above.
9.7 Jury Waiver
You understand and agree that by entering into this agreement you and STUDLEONLIMITED are each waiving the right to a jury trial or a trial before a judge in a publiccourt. In the absence of this Provision, you and STUDLEON might otherwise havehad a right or opportunity to bring Disputes in a court, before a judge or jury, and/orto participate or be represented in a case filed in court by others (including classactions). Except as otherwise provided below, those rights are waived. Other rightsthat you would have if you went to court, such as the right to appeal and to certaintypes of discovery, may be more limited or may also be waived.
9.8 Severability
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 thisProvision, and the remainder of this Provision will be given full force and effect. If theClass Action Waiver clause is found to be illegal or unenforceable, this entireProvision will be unenforceable and the Dispute will be decided by a court.
9.9 Continuation
This Provision will survive the termination of your Service with STUDLEON LIMITED
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENTPERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TOAND USE OF THE SERVICE, INCLUDING ANY SOFTWARE APPLICATION,REMAINS WITH YOU. NEITHER THE COMPANY PARTIES NOR ANY OTHERPARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICEWILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY ORCONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA,LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE ORSYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ORFOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONALDISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS ORFROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANYCOMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OFTHE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE ORINTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASEDON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDINGNEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ANDWHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTHHEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY ARISINGOUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF ORINABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENTEXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGESSET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THEBARGAIN BETWEEN STUDLEON LIMITED AND YOU. SOME JURISDICTIONSDO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IF SO, THEN THE ABOVELIMITATION MAY NOT APPLY TO YOU.
11. Indemnity
You agree to indemnify, save, and hold the Company Parties harmless from anyclaims, losses, damages, liabilities, including legal fees and expenses, arising out ofyour use or misuse of the Service, any violation by you of these terms, or any breachof the representations, warranties, and covenants made by you herein. STUDLEONLIMITED reserves the right, at your expense, to assume the exclusive defense andcontrol of any matter for which you are required to indemnify STUDLEON, and youagree to cooperate with STUDLEON’s defense of these claims. STUDLEONLIMITED will use reasonable efforts to notify you of any such claim, action, orproceeding upon becoming aware of it. You agree that the provisions in thisIndemnity section will survive any termination of your Account (if applicable) or ofyour access to or use of the Service.
12. Additional Mobile Application Terms
12.1 Apple Disclaimers
The following additional terms and conditions apply with respect to any applicationthat STUDLEON LIMITED (the “COMPANY”) provides to you designed for use on anApple 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’sthen-current App Store Terms of Service.
● COMPANY, and not Apple, is solely responsible for our iOS App and theservices and content available thereon. You acknowledge that Apple has noobligation to provide maintenance and support services with respect to ouriOS App. To the maximum extent permitted by applicable law, Apple will haveno warranty obligation whatsoever with respect to our iOS App and any otherclaims, losses, liabilities, damages, costs or expenses attributable to anyfailure of the iOS App to conform to any warranty.
● You agree that COMPANY, and not Apple, is responsible for addressing anyclaims by you or any third party relating to our iOS App or your possessionand/or use of our iOS App, including, but not limited to: (i) product liabilityclaims; (ii) any claim that the iOS App fails to conform to any applicable legalor regulatory requirement; and (iii) claims arising under consumer protectionor similar legislation, and all such claims are governed solely by these Termsand any law applicable to us as provider of the iOS App.● You agree that COMPANY, and not Apple, shall be responsible, to the extentrequired by these Terms, for the investigation, defense, settlement anddischarge of any third-party intellectual property infringement claim related toour iOS App or your possession and use of our iOS App.
● You represent and warrant that (i) you are not located in a country that issubject to a U.S. Government embargo, or that has been designated by theU.S. Government as a “terrorist supporting” country; and (ii) you are not listedon any U.S. Government list of prohibited or restricted parties.
● You agree to comply with all applicable third-party terms of agreement whenusing our iOS App (e.g., you must not be in violation of your wireless dataservice terms of agreement when using the iOS App).
● You agree that Apple and Apple’s subsidiaries are third party beneficiaries tothese Terms as they relate to your license to use the iOS App. Upon youracceptance of these Terms, Apple will have the right (and will be deemed tohave accepted the right) to enforce these Terms against you as they relate toyour license of the iOS App as a third-party beneficiary thereof.
12.2 Google Disclaimers
The following additional terms and conditions apply with respect to any applicationthat COMPANY provides to you designed for use on an Android-powered mobiledevice (an “Android App”):
● You acknowledge that these Terms are between you and COMPANY only,and not with Google, Inc. (“Google”).
● Your use of the Android App must comply with Google’s then-current GooglePlay Terms of Service.
● COMPANY, and not Google, is solely responsible for the Android App, theservices and content available thereon and the support and maintenancethereof. Google has no obligation or liability to you with respect to the AndroidApp or these Terms.
13. Governing Law Statement
These Terms of Use will be governed by and construed under the laws of Cyprus.Except as provided in the ''Dispute Resolution and Arbitration'', the exclusivejurisdiction and venue of any action concerning the subject matter of this Agreementand any claim dispute or difference concerning the Agreement and any matterarising thereunder, under all circumstances, including if you opt-out of the ArbitrationProvision, will be the courts located in Cyprus and each of the parties hereto waivesany objection to jurisdiction and venue in such courts.
14. Severability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in anyjurisdiction, that shall not affect the validity or enforceability in that jurisdiction of anyother provision hereof or the validity or enforceability in other jurisdictions of that orany other provision hereof.
15. Assignment
STUDLEON LIMITED 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 orobligations under this Agreement.
16. Legal Text
The English language version of this Agreement will be the prevailing version in theevent of any discrepancy between any translated versions of this Agreement.
17. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreementbetween STUDLEON LIMITED and you regarding the Service, and these Termssupersede and replace any and all prior oral or written understandings oragreements between STUDLEON LIMITED and you regarding the Service.
18. Changes and Updates to the Terms of Use
STUDLEON LIMITED is entitled to modify, update, and change any part of thisAgreement at any time.
If you do not accept any updates or changes to this Agreement, you are not allowedto use our Products and Services.
By accepting it, you agree that STUDLEON LIMITED may change any part of thecontent on its website and application. We also can discontinue any Service for anyreason without notice.
19. Contact Information
The English language version of this Agreement will be the prevailing version in theevent of any discrepancy between any translated versions of this Agreement.