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Terms Of Service

Terms Of Service

YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THESE END USER AGREEMENT. IF YOU DO NOT ACCEPT THESE, DO NOT USE THE SOFTWARE.

Introduction

This is an end-user license agreement (EULA) between Vivid Web Solutions, from here on referred to as the “Company”, its subsidiaries and its website pokervillas.com on the one part, and you the player, from here on referred to as “you”, “user”, “player” or ”end-user”. Please note that these terms constitute the legally binding agreement between you and Vivid Web Solutions that owns and operates the poker gaming website, and poker software with the same name.

Applicability Of Agreement

By clicking “I AGREE”, “ACCEPT” or “CONTINUE”, or by using this software, you acknowledge that you have read this agreement, understood it, and agreed to be bound by the end user agreement expressly set out below and incorporated by reference link. We reserve the right to withdraw, withhold or amend ALL end user agreement and any promotion on the website without prior notice. If you do not agree with the end user agreement of the agreement, then click “CANCEL” and do not install the Software.

References

Terms referring to the User: Player, you, your, end-user. Terms referring to the Company: We, us, our, Vivid Web Solutions and/or its subsidiaries, but not including its affiliates, licensees, or franchisees.

  1. Definitions
    • “User account”: Personal account operated by the player registered at the website.
    • “End User Agreement or Terms”: The terms of conditions as mentioned below.
    • “Website”: Internet space and the related website(s) accessible through the links provided at https://www.pokervillas.com.
    • “Group”: Refer to the group of companies that include Vivid Web Solutions, its subsidiaries, licensors, affiliates, franchisees or licensees.
  2. Grant Of License/Intellectual Property
    • We grant you a personal, non-exclusive, non-transferable right to install and use the software and access its server to play “play money” and “real money” poker games based on the end user agreement mentioned.
    • The software is licensed to you for your personal, private use. Please note that software is not to be used by a) any person below 18 years of age and b) in the states of Assam, Gujarat, Odisha and Telangana.
    • You are not allowed to use the Website software for any purpose other than playing the games offered.
    • The software code is protected by copyright and intellectual rights. You are not allowed to  :
      • Export or hyperlink the software to any other region or country without prior written consent.
      • Sell, assign, re-license, lent, lease, loan, transfer or copy your license to use the Software, or make any copy and distribute the software or any copy to any other third party.
      • Copy, distribute, publish, disassemble, modify or translate the software or make any attempt to access the source code for any other purpose.
      • Create more than one account.
      • Copy or translate any document provided online or in electronic format without the prior written consent of the Company.
      • Reverse engineer, decompile, modify, adapt, translate or use any other means to discover the source code of the software.
      • Make any changes in the Software and/or any feature or component of it.

      Note: All the above-mentioned uses are unauthorized and you will be solely responsible for any future consequences regarding any unauthorized access or acts of omission or commission regarding unauthorised access. Further, you are required to inform us in case you detect or suspect any unauthorised access, and to provide reasonable assistance to any investigation done by us or public authorities.

    • The software and all the services provided by us are the sole property of the Company. Your use of the software does not give you ownership of any intellectual property rights in the software. You are liable to use the software for playing the offered online games only.
    • All the software, services, games, videos, audio, images, animations, music, text, photographs, promotional banners and other content are owned by the company or one of its subsidiaries or affiliates or licensors and is protected by copyright and/or intellectual property right. You obtain no right to use it without the Company’s prior written consent.
  3. Legality
    • The software and its services can be used to play Real Money/Play Money Games only if you are 18 years of age or above and it is legal for you to do so according to the laws that apply in the jurisdiction from the place you are connecting. You are solely responsible for any consequences of your breach or attempt to breach, these conditions.
    • All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be New Delhi, India.
    • We do not provide you with any legal advice or assurance, and it is your sole responsibility to comply at all times with all the laws that govern you and to ensure that you have complete rights to play these games.
  4. NO Warranty
    • The software is provided to you “AS IS” without warranty of any kind, conditions, undertakings or representations, express or implied, statutory or otherwise. We exclude all the terms implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for any particular purpose save those explicitly provided in this agreement.
    • We do not guarantee that software and the games provided will be error-free or uninterrupted or that the software and its server are virus or bug-free despite best efforts at our end.
    • In the event of a communication or system error occurring in connection with the settlement of an account or other features or components of the software, we are not liable for any loss, expenses, opportunity loss or claims arising from such errors. We reserve the right in such a case to remove all relevant games from the software and the website and take actions to correct such errors.
    • You affirm that you will use the software for your personal use and that we do not control the utility for which you are downloading and using the software. We shall not be liable for any loss, direct, indirect or incidental, or any special damage of any type, by your use of the software. We do not warrant that the software will fulfil all your requirements.
  5. User Account Accessibility And Authority
    • To use our Service, you need to be registered at the Website and on completion of registration, by default you acknowledge the acceptability of our end user agreement.
    • You are allowed to have only one user account on the Website to access our services, games and tournaments. To register in the Website account, you need to provide a unique User ID and Password, which you can choose in accordance with the related rules. In addition to your user id and password, you are also required to furnish some personal information. You should ensure that the information provided by you is correct. You are not allowed to change all the information in the edit section, to enable you to provide correct and current information.
    • We validate user account details from time to time. These validation attempts may be made via email and you may be asked to provide some validation documents through mail at our official email id. If due to any reason, your account is not validated, we will notify you through your registered email and in the meantime, your account and some activities may be limited.
    • We retain the right of issuing, authorising and closing Users’ accounts. All user accounts are accounts owned by us and self-administered by authorised Users. We retain all the rights of the account except the access to the credit/debit or net banking details.
    • We retain all legal rights regarding any aspect of your user account. Use of the service or dispute resolution mechanisms are subject to our final decision, and will not be open to review or any appeal.
    • You confirm that the details provided by you are true as per your knowledge. We are not responsible for any outcome or consequences as a result of you providing any incorrect information.
    • If you have not provided a correct email id capable of receiving notifications during registration, we can suspend your user account permanently. In this case, we will refund the balance amount in the account, if any, to the financial institution by which the amount was debited, or a cheque will be issued and delivered to the contact address you provide. If the contact address is not correct, we will not make any further attempt to refund the amount unless you provide a correct new contact address and pay the due charges for redelivery.
    • You acknowledge that all activities including transactions under your user account are done by you or under your supervision. You shall not disclose the login credentials to anyone under any obligation whatsoever.
    • We reserve all rights to close your account if you fail to follow the chat rule policy or any privacy policy.
    • We reserve the right to deduct income tax as per Income Tax Act, Section 194B. 30.% tax will be deducted from your total prize, on winning amounts of Rs 10,000 and above.
  6. User Restriction
    • Users are not allowed to have multiple accounts on the website. Any user found doing so will be blocked or deactivated permanently from all services.
    • You are prohibited by law from any money laundering activity. That may include attempting to cash out Real Money from unused Real Money added through credit cards or deliberately losing money by any means.
    • Spamming on the website for any activity is not allowed. This may range from sending any spam email or unsolicited communication, to obtaining registration on the website to benefit from any promotional program of the website, or any other spamming purpose.
    • In the scenario that your chosen screen name seems improper or objectionable, we will notify you and you are required to provide a new screen name. Our decision on suitability is final and binding. Until the screen name is corrected, you would not be allowed to use the account for playing poker or any other purpose with us.
    • You are not allowed to frame the website in any scenario. You are not allowed to impose editorial comments, commercial material or any information on the website or modify content on the website, or remove or obstruct any proprietary notices, labels or advertising material.
    • You are allowed to use the website for playing poker only, and must not use the services, chat or comments for any commercial or publication purpose.
    • Forming teams or collusion on the website is strictly prohibited, and you are not allowed to do so in any case. Participating players are not allowed to participate in any type of cheating. If found doing so, you will be strictly dealt with under the end user agreement or applicable law.
  7. Password Protection And Account Sharing
    • You are responsible to secure and protect the password of your account. You are responsible for any change made or any other activity in the website from your account.
    • Sharing or distribution of your user ID and/or password to any other player is strictly prohibited. We are not responsible if your account is accessed by any other third party for playing or any other lawful or unlawful activity.
  8. User Account Suspension
    • We may suspend your account If you use a VPN while playing the game.
    • Forceful Termination: We may suspend or restrict access to your user account or the services provided by us during the investigation for any of the following  :
      • You violate the end user agreement.
      • Breach of the security of your account.
      • Complaints about your user account.
    • Voluntary termination: You may discontinue our services at any time and close your user account by sending a request. We will verify the request and in any case, you are owed any real money amount, we will send the amount to you from any suitable online mode.

    Note  : Our decision to suspend your account shall not be held objectionable in any case. Any restriction on your account imposed by us will be final and binding.

  9. Game Services And Rules Of Play
    • All promotional games or tournaments, Play money/ Real money games or tournaments organized on the website are referred to as “Games”. All the games on the website shall be played in accordance with the game rules set out in the Game rule section (link to game rule). You are responsible for checking these rules before starting to play in any of these games. Ignorance of these rules is solely at your own risk. We strongly recommend that you check the rules from time to time to keep abreast of any changes.
    • We charge Rake for Real Money Games, which may vary depending on the nature of the game and may change from time to time.
    • Games shall be played in acceptance of the Poker rules and procedures set out in the website as well as the Software, included but not limited to ‘Disconnection’ and ‘All-in’ policy, and any other page that governs the game procedures, rules and events.
  10. Prohibited Use And Fraud
    • Collusion or Chip dumping is the situation when two or more players try to share their card information through various means, such as one player intentionally losing the hand to another player and thus giving the winning player a higher stake advantage over other players in the game. Chip dumping or attempting to do so is prohibited. If you are found guilty of collusion, your account will be summarily terminated and you will be permanently banned from all services provided by us.
    • If you are found to be engaged in fraudulent, unlawful, dishonest or improper activity during the use of the service or software, we are entitled to take what action we deem fit against you at the particular instance. The action may include a) blocking your account, b) seizing all the chips in your account, c) termination of your account with us and/or taking legal action against you.
    • Unauthorized money transfer is prohibited either by intentional loss of hand or by any other means.
    • Automatic players or the use of artificial intelligence on the website is prohibited. Playing the game on the website without human interference or flouting the requirement of human playing, including but not limited to using “robots”, is strictly forbidden in all our games and services.
    • Offensive language or content is not allowed on the website. You are not allowed to use offensive, obscene, libellous, defamatory, and threatening language or in any way disobey any law, or to use any terms or language that seem inappropriate, during the usage of our chat service or for comments on the website. Our decision on the appropriateness of language is final. Any breach of this may cause your account to be suspended or terminated.
  11. Payments
    • All payments shall be in Indian Rupees only.
    • We, or on our behalf a payment processing company, will handle all the financial account transactions (“Payment processor”). You agree that the payment processor has all rights to withhold any payments if the payment processor has reason to believe or suspect that you may be engaging in or have engaged in collusion, fraud, or unlawful or improper activity.
    • You agree to pay all the dues implied during your gameplay to us or the payment processor. You are not allowed to cancel out or cash out in between the game or reverse any of your due payment(s). In any such event, you will be liable to compensate all the expenses incurred by us necessary to collect your payment.
    • You acknowledge that our Random Number Generator is responsible for the outcome of gameplay and in the unlikely case of any disagreement between the results that appear in the Software and the game server, the result that appears on the game server will prevail and will be final without any dispute.
    • We as a merchant shall be not held liable for any loss or damage, direct or indirect, city-specific, that result from the decline of authorisation for any transaction on our website.
    • Every registered user is allotted a user account on the website and you have to take care that all your transactions are done through this poker account only and all the real money should be added to the same account only. All real money bonuses given by us are allotted in this poker account only. You are required to not disclose personal information to any third party, as real money is involved. In any case, all the transactions from your poker account will be deemed to be done by you.
    • While adding money to the poker account, you should take care that the instrument used during payment is your own.
    • All payments are processed by the payments processor, who is a third party though authorised by us to collect money on our behalf, and we shall not be held responsible for any delays and denials from their side. All the processing of funds, deposits and any type of transaction will be as per their end user agreement without any responsibility at our end. In case of any deposit cancellation or denial, you may send us an email at our official email id but we are not responsible for credit denied or delayed for any reason beyond our control.
    • We have the right to cancel the transaction at any time. The amount involved in any such cancelled transaction will be credited back to your payment instrument within 3 working days.
    • We keep all the players’ fund in a specified bank account. All the players’ funds are held separately from our corporate fund and in the course of an unlikely event or emergency, players’ claims on the fund will be given preference over all other claims, to the extent permissible by law.
  12. Cash Out
    • You can cash out your poker account balance, subject to cash out restriction, by first notifying us of your request. Please note that processing charges may be applicable as per the request.
    • Once notified by you, and after our verification, we will process the cash out request as per your selected mode of payment. We will always try to process through the mode of payment you select, but if it is not feasible, we may process by an alternative mode we select, which will be final and not open to any dispute.
    • To be eligible for prizes, you should be physically present in India and playing in any of the states of India that uphold real money poker play as legal.
    • You can ask for cash out of the balance money in your account for which you are eligible. We will check your account for any game played and/or promotion bonus or loyalty bonus claimed, and will process the request within 2 weeks. The balance of the user account will be processed via the payment mode as given above.
    • A cash-out request can be processed against the real money in your poker account. A processing fee, if charged, will be notified to you before cashing out.
  13. Service Disruption
    • You confirm your understanding that the service may be disrupted due to any reason. We are not liable for any disruption due to your internet connection or any other disruption in the software or hardware you use. You understand that we have no control over these disruptions and you take full responsibility for any loss due to service disruption for the above reasons.
    • You agree that if you are not able to play real money games due to any fault from our side including technical or any other glitches at our end, then you are eligible for the following solutions only  :
      • A refund amount of the entry fee that you would have paid for participation in the real money tournament/sit-n-go.
      • A refund of the amount lost in the real money game.
  14. Complaints And Disputes

    15. For any complaint, please write to our customer support team or contact us through the procedure given in the contact us section. We will resolve the complaint within a reasonable time span. You agree that our decision related to the complaint will be final, without any dispute.

  15. Modification And Waiver

    16. We may modify the end user agreement at any time without any prior notice and are not liable for any related issue. It is your responsibility to be updated with all the modifications to the website and its end user agreement. Use of the website and/or services by you constitute your acceptance of the modified terms.

  16. Disclaimer Law
    • We disclaim all responsibility for any harm caused by cancellation or discontinuous service of our game due to causes beyond our control. You agree that if you are playing with real money poker you will not be entitled to a refund in case game service is interrupted due to computer virus, natural disaster, failure of service provider, war, civil disturbance or any other cause which is beyond our control.
    • We do not guarantee that you will get uninterrupted service whenever you want. It may be possible that you may be unable to access your user account or use services at times or for extended periods of time due to system maintenance and updates.
    • We disclaim any liability in connection with the intellectual property of any party with respect to third-party content or user content posted on our website(s). Any issue with the intellectual property right is not to be claimed from us but dealt directly with the respective owner.
    • We disclaim liability for any loss or risk resulting to you from your participation in real money games. We further disclaim any liability arising out of the acts of infrastructure providers or failure of internet services used for providing and accessing the service.
    • You agree to indemnify or hold harmless the company and/or its website during your use, for any kind of claim or loss whatsoever, due to your non-compliance with the laws of the jurisdiction from where you connect.
  17. Governing Law And Jurisdiction

    18. The terms and privacy policies shall be interpreted as per the laws of India and any dispute arising related to any game, tournament, transaction, request or any service provided by us shall be subjected to the jurisdiction of the Civil courts of India located at New Delhi.

  18. Reservation Of Right
    • We reserve the right to refuse to register any applicant in the poker room, change, suspend, remove, modify or add any game or tournament on the poker room.
    • We reserve the right to make checks on you regarding any credit check, third party credit and financial institution, in accordance with the information provided by you.
    • We reserve the right to disclose the wager or winnings to any legal authority, and our decision will be final without any dispute. We have all rights to withhold any payout or winning amount until the identity of the winning person is verified, in order to ensure that payment of the winnings is being made to the correct person.
    • We may at any time terminate your access to the poker room without any prior notice, due to various reasons such as any frauds done through your account, breach or violation of our end user agreement.
    • We reserve the right to transfer this agreement to any person at any time and you are deemed to consent to such transfer.
  19. Forfeited Users

    20. We do not allow our employees, affiliates, partners, officers, consultants or agents of our website(s) or any person directly/indirectly related to our software to register or play on the website. They are deemed as unauthorised users. Even the relatives of unauthorised user are not allowed in our software. For this purpose, relative means ‘child’, ’spouse’, ‘parent’, ‘partner’ or ‘sibling’. Any person found in violation of this term will not be eligible for collecting the winning amount and may face other appropriate action or penalties.

  20. Privacy Policy

    21. Registration data and other information provided by you and the terms related to our use of these are subject to our privacy policy. For more information regarding privacy refer to our Privacy Policy page.

  21. Terms And Termination
    • You accept that you have read the end user agreement (this agreement) and will abide by them.
    • This agreement is applicable from the moment of acceptance by clicking of “I agree” button or check box and will remain city-specific in force indefinitely till the termination of the same.
    • Also stated that you are bound to the agreement till such time as you are using or playing games, tournaments, accounts or the software in any scenario.
  22. Notices
    • You may receive communication from us in electronic or written form. All the communication in written or electronic format will be submitted for delivery to you within 5 business days. The paper format will be delivered to your provided contact address and we will not be held responsible for lack of communication if your contact address is not provided correctly.