Please read this end user license agreement (the "Agreement") before using any Jivaro products or services. This Agreement is a legally binding agreement between you and Jivaro ehf.
Jivaro ehf. (the "Company") is based in Reykjavik, Iceland and offers online poker players software and online services aimed at enhancing online poker players play performance and gratification.
Using the Company's proprietary software (the "Software") allows you to log into Company’s client system (the "System"), store information and interact with other users. To use the Company's Software, Jivaro requires that you review and agree to the following terms and conditions of this End User License Agreement ("EULA").
This EULA describes the terms and conditions under which you may (i) use the Software; (ii) subscribe to, access and use Jivaro, and (iii) access the System. Company may amend this EULA from time to time. If you accept this EULA, the then-current version of this EULA shall apply each time you access the System or use Jivaro.
To use Jivaro, you must: (1) establish a valid account within the Software (an "Account"); (2) download and install a copy of the Software; (3) obtain and maintain your own Internet access (Internet access is required to use Jivaro; and (4) comply with the EULA.
You may establish only one (1) Account. Each Account is then capable of supporting multiple poker site accounts.
Upon creating a new Account, you will be entitled to use Jivaro for a stated period of time depending upon the type of account you create or upgrade to. Basic Accounts are free to use, while other types might not be.
Only an individual, natural person who is an adult or, in the discretion of such an adult, his or her minor child, may establish an Account. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities.
You may not share your Account with anyone, or allow anyone other than you personally (or your minor child, if you have registered an Account on behalf of your minor child) to access or use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.
You may not disclose the password or login name ("Login Information") you will select during the registration process to anyone or allow anyone to use your Login Information to access the System. You are responsible for maintaining the confidentiality of your Login Information and for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure, of any Login Information, or from use by any person of your Login Information. You may not obtain, attempt to obtain, use or attempt to use the login information of anyone else. You are responsible for remembering your Login Information.
Please note that the System is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Company is not able to verify the legality of the System in each jurisdiction and it is the User's responsibility to ensure that their use of the System is lawful.
We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the System. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
You are not permitted to transfer your Account to another person. If you wish to discontinue your Account please refer to section 6 of this EULA
Company may establish Rules of Conduct (discussed below) for users accessing the System and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the System that you may consider inappropriate or offensive to some users. You acknowledge that other users may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. Company does not, as a matter of policy, prescreen the communications or content transmitted by each user and is in no way responsible for the communications and content transmitted by users of Jivaro.
To use Jivaro, you may be required to pay a download fee and/or a subscription fee to access the Software or System and to maintain your Account. You also may purchase items or services for a specific fee. You will be informed of any applicable download fees, subscription fees, item charges, or any other fees, together with their respective payment terms, during the registration process and immediately prior to purchase.
All fees are payable in U.S. Dollars, Euros, or such other currency as stated in the payment terms. All fees are non-refundable unless expressly stated otherwise in the EULA. Failure to pay any such fees will constitute a material breach of this EULA, and your Account may be immediately suspended or terminated.
The Company may, in its sole discretion, waive any and all fees.
The Company does not guarantee that it will continue to offer access to the System or support. The Company may, in its sole discretion, cease to provide any or all of the services offered in connection with Jivaro (including access to the System and any or all features or components), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA. The Company may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on Jivaro's website; (iii) via electronic mail; or (iv) in another manner that the Company deems suitable to inform you of the termination. If the Company terminates the EULA pursuant to this section, you will not receive a refund of any fees.
Without limiting the Company's rights or remedies, the Company may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of Jivaro by you or any user under your Account.
The Company may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the fees when due; (ii) the Company is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of the Company or any third party; or (iv) the Company becomes aware of usage, chat or user activity under your Account that is, in the Company's discretion, inappropriate, offensive, or in violation of the Rules of Conduct. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
The Company reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by the Company under this section shall be without prejudice to or waiver of any and all of the Company's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of fees for a termination pursuant to this section.
You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to the Company via electronic mail. You will not receive a refund of any fees in the event of such termination.
If a change in the fees or payment terms is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close all of your Accounts by notifying the Company via electronic mail within thirty (30) days after the later of (a) the date that the Company has posted the change on its website; or (b) the date the change has impacted your Account (e.g., your credit card has been charged). Your notice must state: (i) that you do not agree to the change, specifically describing the change, and that you wish to terminate the EULA and close your Accounts; (ii) your user name and (iii) your login name. You may receive a refund of any prepaid fees, prorated as of the effective date of your termination, by sending the Company a request via electronic mail within thirty (30) days of your termination notice. If you continue to access the System or use Jivaro more than thirty (30) days after the later to occur of (a) or (b) above, without following the termination procedure set forth above, you shall be deemed to have accepted the change and waive your rights to terminate under this section.
If an amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Accounts by: (a) clicking the "DECLINE" button when you are prompted to review and agree to the amended EULA; or (b) notifying the Company via electronic mail within thirty (30) days after the amended EULA was communicated to you, provided that you have not clicked the "ACCEPT" button, accessed the System or used Jivaro during that period. Your notice must state: (i) that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and request the Company to close all of your Accounts; (ii) your user name and (iii) your login name. You may receive a refund of any prepaid subscription fees, prorated as of the effective date of your termination, by sending the Company a request via electronic mail within thirty (30) days of your termination notice. If you click "ACCEPT" or otherwise continue to access the System or use Jivaro, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
If for any reason the EULA is terminated with regard to any or all of your Accounts, those Accounts will be closed, upon which all rights granted to you under the EULA shall terminate with regard to the closed Accounts, and you must discontinue your use of the Software, and you may not access the System or use Jivaro under any closed Account, and all the attributes of the Accounts, including characters, items and currency in the Accounts, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent using JIVARO, for the real or projected value of your Account were it to be sold, or for any other compensation, other than a prorated refund of prepaid subscription fees under certain circumstances as expressly set forth in the EULA.
Users whose Accounts have been closed may not access the System or use JIVARO in any manner or for any reason, including through any other Account, without the express written permission of the Company. Users of active accounts may not knowingly allow former users who’s Accounts have been closed to use the active user's Accounts.
Your continued access to the System and license to use the System is subject to proper conduct. Without limiting the Company's rights to control the System environment, and the conduct of the users within that environment, the Company prohibits the following practices that the Company has determined detract from the overall user experience of the users using the System.
You agree to observe and abide by the Rules of Conduct as may be amended by the Company from time to time. The current version of the Rules of Conduct may be viewed at the Jivaro website, and are incorporated in the EULA by reference.
Except for certain information in your Account (discussed below), all transmissions by you to the System are not private. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the System, whether through private in-System messaging, during chat, or in chat rooms. The Company and/or its designated affiliates and representatives may monitor communications made by or received from you. You should not provide private information to any other user in the System. The Company shall not be responsible for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while using the System or otherwise interacting within Jivaro. You may report any instances of such behavior to the Company. The Company will investigate and take such measures as the Company, in its sole judgment, determines are reasonable under the circumstances. The Company does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with using the System, and the Company assumes no responsibility for the conduct of any other users, and shall not be liable to you or any other person for their conduct.
You may verify and update your Account information by logging into your Account through the account management page within the System.
The term "User Personal Details" means information relating to your personal Account details, including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend’s lists, block lists, and language selection, any dates the foregoing data is modified, and any other information relating to your Account.
The term "User Information" means any information relating to your use or use of the System, including of your user statistics, preferred strategies, in-System transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content.
User Personal Details and User Information together constitute "User Data".
You acknowledge and agree that the Company may collect and store User Information about you, both as an individual and aggregated with the User Information of other users of the System and the System. In addition, you acknowledge and agree that the Company may analyze and use such User Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of the Company products and services.
You agree that the Company may transfer, share, and/or store your User Data:
The Company's aim is to keep your User Data confidential and the Company employs security measures to protect the System, but third parties may unlawfully intercept transmissions or private communications, or access data within the System. Therefore The Company does not guarantee that User Data transmitted to the System, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties.
The Company may (and you hereby expressly authorize the Company to) disclose information about you to private entities, law enforcement or other government officials, as the Company, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
You further agree that in the event of a failure in the System, the System and/or the Software, the Company may provide crash dump information (which is information on the state of the System when a crash occurs, and may include your User Data) to third parties under suitable confidentiality restrictions in order to review analyze and provide reports on such information to determine the cause or correction of the failure.
You agree that the Company may remotely monitor your System hardware solely for the purpose of establishing whether in using the System and accessing the System you are using software created or approved by the Company, or whether you are using unauthorized software created by you or a third party in contravention of Section 6.
Subject to the terms of the EULA, the Company grants you a limited, non-exclusive, revocable license to use the Software and its accompanying documentation solely in connection with accessing the System in order to use Jivaro using a single valid Account.
For each valid Account you maintain, you may install a copy of the Software on, and access the System from, a multiple computers or computer platforms.
Upon establishing a valid Account, and subject to your continued compliance with the EULA, the Company grants you a limited, non-exclusive, revocable license to access the System, and to access and use the System Content and User Content (each as defined below), in order to use Jivaro online. You may download (and, to the extent permitted by the System, make a single copy for your own purposes in using the System) and exchange System Content and User Content exclusively via a valid Account, solely to use the System, for purposes permitted by, and in a manner consistent with, the EULA.
Any and all rights not expressly granted by the Company herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept for any purpose other than using Jivaro in accordance with the EULA any information accessible through the System. You may not access the System or upload, download or use information accessible through the System, other than as permitted by the EULA.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, disuse, sublicense or transfer the Software or any documentation accompanying the Software. You may not transfer the Software, except as part of a permitted Account Transfer as described above, if permitted by the EULA then in effect. If the Software is an update, any transfer must include the update and all prior revisions.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, disuse, sublicense or transfer any information accessible through the System, including without limitation, any part of the System Content or User Content, or any item, object or character in your Account, except that, solely to the extent permitted by the System, you may modify certain System Content and User Content only for your own purposes in using the System.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the System contains license management technology, you may not circumvent or disable that technology.
The Company may from time to time update or otherwise modify the Software electronically. You hereby grant the Company permission to: (i) extract hardware system profile data from your computer; (ii) extract information from your computer's file directories pertaining to the System and your ability to access the System; (iii) download to your computer content and System files and any data related to the operation of the System. The foregoing applies to any computer from which you log into the System using your Account.
You are not entitled to receive any new releases of the Software, or any expansion packs, updates, upgrades or similar products under the EULA, but the Company may, in its sole discretion, offer any or all of the foregoing to you. The Company may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, the Company will require all users to migrate to new releases of the Software in order to continue accessing the System and using Jivaro. You will be informed when a new release is available and will have a period of time in which to procure and install the new release. You must install and use the new release before the period of time has lapsed to continue accessing the System and using Jivaro. If you fail to install the new release when required, the Company shall not be responsible in any way for your inability to access the System or use Jivaro, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation. New releases could be offered to you at a discounted price.
As between you and the Company, the Company is the sole and exclusive owner of the Software, System, System and System Content (as defined below). The Software, System, System and all System Content are protected by law governing copyrights, trademarks and other proprietary rights. The Company reserves all rights not expressly granted herein.
The System is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, currency, objects and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the System (collectively, the "System Content"). The Company, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Software, System, System and all System Content, and no rights thereto are transferred to you, except for the limited license granted above.
You have no interest in the value of your time spent using the System. Your Account, and all attributes of your Account are the sole and exclusive property of the Company, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other terms of the EULA, the Company shall have the right to disuse and publish any information (except certain personal information in your Account) relating to any user in your Account, for example, in charts, lists and other compilations, without notice or any compensation to you whatsoever.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to the Company any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to the System or while using the System, including without limitation all files, data and information comprising or manifesting corporations, groups, titles, characters and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account. To the extent that any such rights are not assignable, you hereby grant the Company an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. The foregoing assignment and license in this paragraph shall not include User Content (defined below).
The System may allow you to communicate information, such as by posting messages in chat rooms, on bulletin boards and other user-to-user areas (collectively, "User Content").
User Content that you cause to be communicated to the System may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.
the Company may take any action it deems appropriate regarding any User Content, if the Company believes, in its sole discretion, that such User Content violates the EULA or may expose the Company, its licensors and/or its suppliers to liability, damage the Company's relationship with any of its suppliers, licensors, ISPs or other users of Jivaro, harm anyone or harm the Company's reputation or goodwill.
You hereby grant the Company an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of your User Content, in any medium now known or hereafter developed.
Violation of the Company's proprietary rights is a material breach of the EULA, in the event of which the Company may suspend your Account, terminate the EULA and take whatever additional action the Company deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of the Company's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
The Software, System, System and all System Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and using the System.
The Company disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the System. The Company does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free, nor that the System or Software will be compatible with your hardware and software.
While the Company attempts to have the System available at most times, the Company does not guarantee that the System will always be available, or that the System will not become unavailable during System use. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.
In no event shall the Company, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the System, Software, System, System Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Under no circumstances, including negligence, shall the Company or any other member of the Company be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if the Company had prior knowledge of the possibility of such damages.
Nothing in this Agreement shall exclude or limit the Company's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
You shall defend, indemnify and hold harmless the Company and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your using of the System.
The Company may, in its sole discretion, amend the EULA from time to time by posting an amended version on the Jivaro website and/or notifying you when you attempt to log in to the System. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the "ACCEPT" and/or "CONFIRMED" buttons. You must accept the EULA in order to continue to access the System or use the System.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 5, Termination.
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Republic of Iceland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software, System, System, System Content, User Content and/or the rights and obligations of the parties hereto, shall be the District Court of Reykjavík, Iceland, (Héraðsdómur Reykjavíkur). You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Reykjavík, Iceland.
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your using of the System. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including the Rules of Conduct and the fees and payment terms as referenced therein, as each may be amended by the Company from time to time, sets forth the entire understanding and agreement between the Company and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. No distributor, agent or employee of the Company is authorized to make any modifications or additions to the EULA.
All notices to the Company required or permitted by the EULA shall be by electronic mail at firstname.lastname@example.org, unless stated otherwise in the EULA.