Strip poker charge...

TERMS OF USE AGREEMENT

Effective as of March the 1st, 2016

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR “AGREEMENT”).
YOUR USE OF THE My Strip Poker’ WEBSITE (INCLUDING ANY RELATED SUBSITE, SERVICE OR FEATURE THERETO) (THE “SITE”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THE “TERMS”). IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THIS AGREEMENT ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THIS SITE.

Net-assembly, Inc. (“Net-assembly”) provides certain content, online games (each a “Game”), and/or services through the Site, which are either publicly accessible or which require registration of or log in to a free account with My Strip Poker (an “Account”). Each Game includes two components: (a) the software program along with any accompanying materials or documentation, including a Game authorization code (collectively, the “Game Client”), and (b) My Strip Poker’s proprietary online platform service (the “Service”).

Your use of the Site, Account, Game(s), Game Client(s) and/or Service is subject to this Terms of Use and My Strip Poker’s Privacy Policy, incorporated herein by this reference. Your use of a Game and/or Game Client (including any Game-related Virtual Items which may be offered in connection with such Game) is further subject to such Game’s EULA. You must accept the applicable EULA, the Privacy Policy and this Terms of Use Agreement (collectively, the “Agreements”) prior to playing a Game. You are responsible for any Internet connection fees that you incur with the use of the Site, Account, Game(s), Game Client(s) and/or the Service.

Any use, reproduction, modification or distribution of the Site, a Game (including any Game-related Virtual Items), Game Client or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.

1. Grant of a Limited License

Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) (including Game-related Virtual Items, if any) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser or an authorized, unmodified Game Client. You may not use the Site, Account, Game(s) (including Game-related Virtual Items, if any), Game Client(s) or Service for any other purpose, or using any other method.

2. Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service, Game(s) (including Game-related Virtual Items which may be offered in connection with such Game(s) to the extent applicable), Game Client(s) and/or Service in violation of the License Limitations or the Agreements will be regarded as an infringement of My Strip Poker’s rights. You agree that you will not, under any circumstances:

  1. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Game experience;
  2. exploit the Game(s) or any of its parts (such as any Game-related Virtual Items which may be offered in connection with such Game(s)), the Game Client(s) or Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of My Strip Poker (as, for instance, set forth in a Game EULA); (b) communicating or facilitating any commercial advertisement or solicitation; (c) for gathering Virtual Items and/or resources for sale outside the Game; or (d) performing in-game services in exchange for payment outside the Game, (e.g., power-leveling, etc…);
  3. use the Game(s) (including Game-related Virtual Items which may be offered in connection with such Game(s)) or any of its parts, or the Service, for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without My Strip Poker’s prior written consent;
  4. use the Site, Account, Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service;
  5. reproduce, sell, use as an investment vehicle, trade, transfer outside of the Game(s) or otherwise misuse Game-related Virtual Items or in-Game resources that may be offered in connection with any Game(s);
  6. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Site, Account(s), Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service, including without limitation any software that reads areas of RAM used by the Game(s) or the Service to store information about a character or the game environment; provided, however, that My Strip Poker may, in its sole and absolute discretion, allow the use of certain third party user interfaces;
  7. modify or cause to be modified any files that are a part of the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service in any way not expressly authorized by My Strip Poker;
  8. host, provide or develop matchmaking services for the Game, Game Client(s) and/or the Service, or intercept, emulate or redirect the communication protocols used by My Strip Poker in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
  9. facilitate, create or maintain any unauthorized connection to the Game, Game Client(s) and/or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by My Strip Poker;
  10. violate any applicable law or regulation in connection with your use of the Site, Account, Game(s), (including Game-related Virtual Items, if any), Game Client(s) and/or the Service; or
  11. disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

3. Account Eligibility and Registration

You represent that you are an adult in your country of residence. Legal or business entities such as corporations, companies or partnerships are not eligible for an Account. You further represent that you are not an individual specifically prohibited by My Strip Poker from using the Service. You agree to these Terms of Use on behalf of yourself and, at your discretion. Your continued use of the Site, Account, Game(s) (including any Game-related Virtual Items which may be offered in connection with such Game(s)), Game Client(s) and/or Service represents and warrants that you meet these eligibility requirements.

In order to create an Account, you must provide My Strip Poker with certain personal information such as your (i) date of birth and country of residence; (ii) first and last (or sur) name; (iii) e-mail address; (iv) password; (v) in certain circumstances, secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.

You can access, edit and update your Account information at any time through the Site’s Account Management feature. You agree that you will supply truthful, accurate and complete information to My Strip Poker, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, My Strip Poker reserves the right to terminate this Agreement, your Account(s), and/or your use of the Game(s), Game Client(s) and/or Service.

You may not transfer, share or make available your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).

4. Account Security

You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify My Strip Poker of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. My Strip Poker will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.

We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.

5. Ownership

My Strip Poker owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game (including Game-related Virtual Items, if any) and Game Client(s), and through the Service. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service.

Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to My Strip Poker (collectively, “User Content”) shall be deemed, and shall remain, the property of My Strip Poker and/or its third party providers from the moment of creation. Accordingly, you hereby grant My Strip Poker a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.

If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that (i) the material is a file of yours that will not violate any right of or require any compensation to any person or entity, (ii) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and (iii) you are eighteen (18) years of age or older. You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against My Strip Poker and release My Strip Poker from any and all liability arising from or related to the submission and My Strip Poker’s or any third party’s use or transmission of such content.

All content, games and other information offered on or through the Site are subject to copyright and trademark protections. The Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service, and all content therein, are protected by the United States and other international intellectual property laws. My Strip Poker and its licensors reserve all rights in connection with the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service except as expressly permitted by My Strip Poker. Additionally, except as set forth in Sections 1 and 2 above, My Strip Poker does not authorize you to make any use of any My Strip Poker trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, “My Strip Poker Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service not in accordance with the applicable Game EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.

6. No Ownership Rights in Account

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE My Strip Poker PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF My Strip Poker. My Strip Poker does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.

7. Virtual Property

You agree that My Strip Poker retains the unfettered right to modify its Game(s) and all aspects of characters, items, points and coin, including Virtual Currency, therein. You acknowledge that My Strip Poker has been, is, and will be constantly making changes to its Game(s). You further acknowledge that My Strip Poker can and will, in its discretion, modify features, functions or abilities of any element of any of its Game(s) or Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Items represent a limited license right as governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from My Strip Poker at any time.

My Strip Poker may offer the option to purchase Virtual Currency with “real world” money. Once acquired, Virtual Currency can only be used to license a variety of Virtual Goods offered by My Strip Poker; it has no cash value. Virtual Items may also be granted by My Strip Poker on a free, promotional or sale basis or, in certain circumstances, earned through gameplay. Free and/or promotional Virtual Items offered by My Strip Poker may be expired at My Strip Poker’s sole and absolute discretion at any time. My Strip Poker does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell Virtual Items for “real” money, or exchange such Virtual Items for value outside of the Game. Regardless of how acquired, Virtual Items are non-transferable to another person or Account, do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC). Except for a limited, revocable, non-transferable license to use the Virtual Items in a Game, you have no ownership or property right in or title to such Virtual Items.

8. Account Suspension/Deletion

My Strip Poker MAY SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by My Strip Poker for any type of abuse, including without limitation a violation of these Terms of Use or a Game EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or any applicable Game EULA.

9. Privacy

Our general Privacy Policy provides additional terms and conditions related to our potential use, collection and disclosure of your personal information. You agree that you have reviewed, agree to and understand our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide may be sent to the United States. By using the Site, a Game or the Service, you consent to your data being sent to the United States and such other third parties and jurisdictions as may be involved in the provision and operation of the Site, a Game or the Service, as applicable.

The Site is intended for a restricted audience and is not directed or targeted at children under the age of eighteen (18) years old.

10. Content Screening and Disclosure

My Strip Poker does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect My Strip Poker’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

11. Code of Conduct

Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by My Strip Poker, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and My Strip Poker reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. My Strip Poker reserves the right to modify this Code of Conduct at any time.

A. Rules Related to Usernames and Guild Designations

Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form groups such as “guilds,” “factions,” or “clans” and such groups will be required to choose a name for the group. When you choose a character name, create a group, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If My Strip Poker finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Game and/or Service. In particular, you may not use any name:

  1. Belonging to another person with the intent to impersonate that person, including without limitation a “Game Master” or any other employee or agent of My Strip Poker;
  2. That incorporates vulgar language or which are otherwise offensive, defamatory, hateful, or racially, ethnically or otherwise objectionable;
  3. Subject to the rights of any other person or entity without written authorization from that person or entity;
  4. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
  5. Belonging to any religious figure or deity;

You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions. Utilizing any name option to harass or disrupt another individual, group or guild will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.

 

B. Rules Related to “Chat” and Interaction With Other Users

Communicating on the Site, in a Game or through the Service with other users and My Strip Poker representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.

You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not My Strip Poker, are entirely responsible for all content that you transmit. Under no circumstances will My Strip Poker or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.

When engaging in Chat, you may not:

  1. Transmit or post any content or language which, in the sole and absolute discretion of My Strip Poker, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
  2. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
  3. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game universe;
  4. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
  5. Communicate or post any user’s personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
  6. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game or the Site;
  7. Participate in any action that, in the sole and absolute opinion of My Strip Poker, results or may result in an authorized user of the Game or the Site being “scammed” or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Game (including but not limited to participation in player-run casinos, including those that utilize the roll mechanic); or
  8. Impersonate any real person, including without limitation any “game master” or any other My Strip Poker agent or employee, nor may you communicate in the Game, or on the Site or Service in any way designed to make others believe that your message constitutes a Server message or was otherwise posted by any My Strip Poker agent or employee.

C. Rules Related to Game Play

While a Game may permit various styles of game play (including, for example, “player versus player” type combat), certain acts cannot be construed as “fair” and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

  1. Using or exploiting errors in design, features which have not been documented, and/or “program bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
  2. Participate in any action that, in the sole and absolute opinion of My Strip Poker, results or may result in an authorized user of the Game being “scammed” or defrauded out of gold, weapons, armor or any other items that the user has earned or purchased through authorized game play in the Game (including but not limited to participation in player-run casinos, including those that utilize the roll mechanic);
  3. Conduct prohibited by the EULA or elsewhere in these Terms of Use; and
  4. Anything that My Strip Poker considers contrary to or inconsistent with the “spirit” of the Game.

 

C. Rules Related to champion (photosets)

Somes reasons why a champion can be deleted :
- it is not related to strip tease (there has be be a person on the picture, not a beautiful view of a montain, or a cat, ...)
- the photoset is not removing clothes, or gradually showing nudity
- the first image contains explicit content
- the champion is not showing 5 pictures of the same person
- the champion is deemed to be offensive, including without limitation content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above
 

Address of Designated Agent to which Notifications of Claimed Infringement should be sent:

Net-assembly.
Attention: Legal Department
101, rue de Sèvres lot 1665
Paris cedex 6, 75272
France
Telephone: +33652281176
E-Mail:contact [at@] net-assembly.com

18. Changes to Terms of Use, a Game or the Service

My Strip Poker reserves the right, at its sole and absolute discretion, to change, modify, add to, disable, supplement, suspend, remove or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Site, Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or Service, hours of availability, content, data, feature, gameplay, item (including in a manner which makes virtual goods substantially more, or less, valuable, effective, functional, common or available), service, server software or equipment needed to access the Site, Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Site, Game(s)(including Game-related Virtual Items, if any), Game Client(s) and/or the Service. Your continued use of the Site, Game(s) (including Game-related Virtual Items, if any, Game Client(s) and/or the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. My Strip Poker may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, My Strip Poker reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not My Strip Poker shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).

My Strip Poker may require that you download and install updates to the Service and to the Game(s) you have installed on your computer. You acknowledge and agree that My Strip Poker may update the Game(s), Game Client(s), and Service on your computer, with or without notifying you.

19. Termination

This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, deleting the Game Client and affirmatively cancelling all accounts, features or services to which you are subscribed. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature (such as Game-related Virtual Items to the extent applicable) or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). My Strip Poker may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game, the Site and/or Service, effective immediately, with or without notice, in the event of any conduct by you which My Strip Poker, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 20-26 shall survive any termination of this Agreement.

20. Warranty Disclaimer

THE SITE, EACH GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. My Strip Poker DOES NOT WARRANT THAT THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

21. Limitation of Liability

My Strip Poker IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR SERVICE. IN NO EVENT SHALL My Strip Poker, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “My Strip Poker PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE.

My Strip Poker DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED My Strip Poker EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE My Strip Poker PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

NEITHER My Strip Poker NOR ANY My Strip Poker THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE AND NEITHER My Strip Poker NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH My Strip Poker IS TO STOP USING THE SITE, YOUR ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.

In no event shall My Strip Poker’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to My Strip Poker during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of My Strip Poker and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22. Indemnification

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS My Strip Poker, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, YOUR ACCOUNT, A GAME, A GAME CLIENT, VIRTUAL ITEM(S) AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.

23. Force Majeure

My Strip Poker shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of My Strip Poker, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond My Strip Poker’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

24. Acknowledgements

You hereby acknowledge and agree that:

A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES (INCLUDING MAC ADDRESS, SYSTEM OR CONFIGURATION FILES, CRASH DATA, ETC…) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH A GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 11. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, My Strip Poker MAY (I) COMMUNICATE INFORMATION BACK TO My Strip Poker, INCLUDING WITHOUT LIMITATION THE ACCOUNT INFORMATION, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (II) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY My Strip Poker AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

B. WHEN THE GAME IS RUNNING, My Strip Poker MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY My Strip Poker AGREEMENT.

C. My Strip Poker may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if My Strip Poker believes that doing so may protect your safety or the safety of others.

D. My Strip Poker MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that My Strip Poker is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk and with no expectation of privacy.

E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

F. In the event that My Strip Poker sponsors, and you are an eligible participant and winner of, any contest or sweepstakes, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by My Strip Poker. My Strip Poker and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

25. Equitable Remedies

In the event that you breach this Agreement, you hereby agree that My Strip Poker would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that My Strip Poker shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as My Strip Poker may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 26, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

26. Dispute Resolution and Governing Law

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and My Strip Poker agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. My Strip Poker will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Net-assembly, Attention: Legal Department, 101, rue de Sèvres lot 1665, Paris cedex 6, 75272, France.

B. Binding Arbitration. If you and My Strip Poker are unable to resolve a Dispute through informal negotiations, either you or My Strip Poker may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Local Commercial Arbitration Rules . The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and My Strip Poker may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and My Strip Poker agree that any arbitration shall be limited to the Dispute between My Strip Poker and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and My Strip Poker agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or My Strip Poker’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Location. The Site is controlled and operated by Net-assembly SASU from its offices within the France, Paris. My Strip Poker makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

F. Governing Law. Except as expressly stated otherwise, this Agreement shall be governed by, and will be construed under, the laws of France, without regard to choice of law principles. For our customers who access the Service from Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Game and/or the Service as supplied by My Strip Poker to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, the Agreements shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.

G. Severability. You and My Strip Poker agree that if any portion of Section 26 is found illegal or unenforceable (except any portion of 26(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 26(d) is found to be illegal or unenforceable then neither you nor My Strip Poker will elect to arbitrate any Dispute falling within that portion of Section 26(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within France, Paris, and you and My Strip Poker agree to submit to the personal jurisdiction of that court.