Terms of Use

This Terms of Use will be effective from July 05, 2018.

General; Services

 

These Terms of Use (“Terms”) are between you and Comunix Ltd. (“Comunix”) and govern your access to and use of our services, including without limitations our mobile application (the “App”) and our website located at www.getcomunix.com (collectively, the “Services”).

The Services are being provided to you in connection with our Pokerface brand, which is a social poker game with live video chat owned and operated by Comunix. Your use of the Services creates a binding contract with Comunix. You may use the Services only in compliance with these Terms and all applicable local, state, national, federal and international laws, rules and regulations as well as any policies, terms of use or guidelines of third party sites and platform you use in conjunction with the Services (collectively, “Laws”).

By accessing and/or using the Services you agree that you have read, understood, accept and agree to be bound by these Terms and be in compliance with them at all times. Comunix may change, add or remove any of the Services and/or any feature within the Services at any time and in its sole and absolute discretion without prior notice to you. In addition, Comunix may stop or suspend and resume providing of the Services (or any features within the Services) or to impose limitations from time to time, to you or to users generally without prior notice.

Without derogating from the general termination rights of Comunix hereunder, Comunix may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason and without notice, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) our provision of the Services to you is no longer commercially viable.

Comunix may revise these Terms from time to time at its discretion without notice and you are expected to visit these Terms from time to time to make sure you are familiar with the most current version. If you do not wish to be bound by any modification, please stop using the Services immediately. Your continued use of the Services indicates your acceptance of the modified Terms.

 

Registration and Account

 

If you want to use certain features of the Services you’ll have to register to our platform by either using your Facebook profile or by creating an account and become a registered user of Pokerface (a “User”). Upon registration, we may request that you provide us with certain personal information, such as name, age, gender and contact details. We will use such information only in accordance with our Privacy Policy, located at www.getcomunix.com. By using our Services and/or accepting these Terms, you are also accepting the terms and conditions of our Privacy Policy, as it may be from time to time.

You agree to supply Comunix with accurate, complete, and up-to-date information, particularly your contact details. You are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your username and password and to your account. Comunix will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

License and Restrictions

 

Subject to your compliance with these Terms at all times, Comunix hereby grants you a limited non-exclusive, non-assignable, non-transferable and non-sublicensable license to download and install a copy of the App on your mobile device (or computer) and to run such copy solely for your own personal, non-commercial purposes. You may not: (i) copy, modify or create derivative works based on the App or the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the App or Services to any third party; (iii) reverse engineer, decompile or disassemble the App or the Services; (iv) use the Services, the App, any website operated by Comunix or any of Comunix’s systems and/or software in such a way that might be in breach of any Laws, and/or in any other way not specifically permitted by Comunix herein, including without limitations, probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search or attempt to access or search the Services by any means (automated or otherwise); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any User, host or network, to the Services; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or (vii) use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these Terms. You are not allowed to sell, transfer or otherwise grant any other person or entity(whether they are users or not) any rights in or to the chips or any other right or asset you may own on our platform from time to time. Please note that we may decide to revoke, cancel or forfeit chips or any other right or asset from any player who has breached the above limitation and/or any other provision of these terms, without prior notice. You are not allowed to use the Services if you are under 16 years of age (or the applicable age limitation under which you are not allowed to use any of our services according to the applicable law in your territory). By accepting these Terms and by using the Services you are representing that you are at least 18 years of age.

 

Payments

 

The use of the Services and/or certain functionalities may be subject to the payment of fees, at Comunix’s discretion. In addition, Comunix may take a rake from games conducted through the App, commissions from tournaments, etc.

 

User Content and other Content

 

Content” means any text, graphics, images, music, software, audio, video (including without limitations the videos of the Poker games played through the Services), works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and/or the App.

Comunix does not recommend, endorse, support or make any representations with respect to any Content posted or made available by you or by any other User through the Services, including without limitations through the chat functionality in the App (“User Content”). In addition, Comunix does not provide any representations regarding the legality, truthfulness, accuracy, or reliability of any Content or User Content posted or distributed through the Services. Comunix may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or as necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media.

Comunix will not be liable in any way for any Content or User Content, including, but not limited to, any errors or omissions in any Content or User Content, or any loss or damage of any kind incurred as a result of the use of any Content or User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

All ownership rights in and to the User Content remain under the exclusive ownership of the applicable Users, however each User grants Comunix with a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with Comunix’s business purposes, including without limitations, for marketing purposes, in order to improve the Services and for any other legal purpose.

Subject to the Users’ ownership rights in the User Content, all right, title, and interest in and to the Content in the App or Services are and will remain the exclusive property of Comunix and its licensors, as is more fully described below in the Intellectual Property section of these Terms. For the avoidance of doubt, the videos of the Poker games played through the Services (which may be recorded and stored by Comunix) are not considered User Content, but rather they are considered Content which is exclusively owned by Comunix.

You represent and warrant that: (i) you have all the rights, power and authority necessary to grant the rights granted herein to your User Content; and (ii) neither your User Content nor any use of your User Content on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or result in the violation of any Laws.

You may not post or link to Content and/or User Content that: (i) Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (ii) Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; (iii) Promotes discrimination, hatred or harm against any individual or group; (iv) Is a direct and specific threat of violence to others; (v) Is defamatory, obscene or pornographic; (vi) Is furtherance of illegal activities or otherwise is in breach or might be in breach of any Laws; or (vii) Is harassing, abusive, or constitutes spam.

 

Intellectual Property Rights and Copyright Notices

 

The App and Services, including Comunix’s websites (collectively, the “Comunix IP”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Comunix IP includes trade secrets and information that is confidential and proprietary to Comunix and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Comunix IP, including any related documentation and any new releases, modifications, and enhancements thereto and including any feedback provided by Users, belong solely to Comunix and its licensors, if any, including all intellectual property rights therein. Comunix hereby expressly reserves all rights in the Comunix IP which are not expressly granted to you under these Terms.

We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to terminate any User’s access to the Services if we determine that the User is a “repeat infringer.” We do not have to notify the User before we do this. Please note that the Comunix platform contains software licensed from Engineware.io Pty Ltd. Copyright © 2006-2014 by Engineware.io Pty Ltd.

 

Additional Terms – Apple App Store

 

If you downloaded the App from the Apple App Store, you agree to use the App only: (i) on an Apple-branded product or device that runs iOS; and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you downloaded the App from any an app store or distribution platform (an “App Provider”), then you agree that: (i) these Terms are concluded between you and Comunix, and not with App Provider, and that, as between Comunix and the App Provider, Comunix, is solely responsible for the App; (ii) App Provider has no obligation to furnish any maintenance and support services with respect to the App; (iii) In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App; (iv) App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including without limitations with respect to IP infringement issues; and (v) App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and will have the right (and will be deemed to have accepted the right) to enforce these Terms.

 

Disclaimers

 

You understand and agree that the App and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COMUNIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Comunix makes no warranty and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Comunix has no obligation to monitor the Services for inappropriate or illegal use by you and/or by other Users, including without limitations, the posting of User Content not in compliance with these Terms. However, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with us or with other Users when you are using the Services (including without limitation your communications through video chat).

Comunix shall not be responsible for the outcome of the Poker games played by you through the Services. In addition, Comunix shall not be responsible to any communications and/or other relationships and dealings between you and any other User and shall bear no liability to any damage or costs which you may incur as a result of your usage of the Services and/or engagement with other Users, including without limitations, as a result of any Users’ actions or omissions.

If you have a dispute with another User, then to the full extent of the law applicable to you, you hereby release the Comunix Parties (as defined below) from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

 

Indemnification and Limitation of Liability

 

You will indemnify and hold harmless Comunix and its affiliates, shareholders, officers, directors, employee, agents and other representatives (collectively, the “Comunix Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content including without limitations any abuse or wrongful use of the Services, (ii) your User Content, (iii) your infringement of any third party rights including without limitations any intellectual property rights, (iv) your communications with other Users or any other engagements between you and any Users including without limitations any Poker games you have participated and/or the outcome of such games, or (v) your violation of these Terms or any applicable Laws.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMUNIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES INCLUDING WITHOUT LIMITATIONS YOUR PARTICIPATION IN ANY POKER GAMES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMUNIX EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMUNIX IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COMUNIX HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

 

Termination

 

Without limiting any other remedies, Comunix may limit, suspend, discontinue or terminate these Terms and/or your use of all or any part of the Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Comunix believes that you are (i) in breach of any of the terms of these Terms, (ii) pose risks or legal liabilities (actual or potential) to Comunix or to other Users, (iii) delinquent with respect to any charges or fees due to Comunix, (iv) infringing a third party’s intellectual property rights or any other rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Comunix is under no obligation to provide the Services and that Comunix shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services.

 

Miscellaneous

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Comunix’s prior written consent. Comunix may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

These Terms and our Privacy Policy are the entire and exclusive agreement between Comunix and you regarding the Services (excluding any services for which you have a separate agreement with Comunix that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Comunix and you regarding the Services and Content.

A waiver of any right or provision hereunder will be effective only if in writing and signed by a duly authorized representative of Comunix.

These Terms and any action related thereto will be governed by the laws of the State of Israel without regard to its conflict of laws provisions and any dispute between you and Comunix will be resolved by the competent courts of Tel Aviv, Israel. The parties hereby grant exclusive jurisdiction to such courts.

The Services may contain links to third-party websites or resources and you agree that Comunix is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

If you have any questions about these Terms, please contact us at support@getcomunix.com