DEFINITIONS AND GETTING STARTED
This is an agreement between NineStacks Gaming LLP, which is incorporated pursuant to section 12(1) of the Limited Liability Partnership Act, 2008, from here on called the "LLP" or “ 9Stacks” (the LLP could also be referred to as "we", "us", "our" and other such adjectives), including but not limited to its website www.9stacks.com and any of our applications hosted there or downloaded from a third party website, or mobile app store from here on collectively referred to as the "Website" and the End User from here on will be referred as "you", "your", "User" or "Player".
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
All tournaments, promotional games, contests and cash games organized on the Website or third party promotional websites, leagues, live events, television shows are collectively referred as "Games".
All software including the Website, any applications hosted therein or downloaded from there, and any updates to the same are collectively referred to as the "Software".
The Software and the Games and any applications thereto offered or linked to our Website are collectively referred to as the "Services" offered to the User or Player.
Restricted States: would mean the Indian States which restricts gaming in their respective territories, i.e., the states of Assam, Odisha, Telangana, Nagaland and Sikkim or any other Indian state which by law restrict Poker.
WRITTEN CONSENT IN FAVOUR OF WEBSITE AND LLP
The Website and its registration are strictly private and in no way should be considered to be public. In order to register to the Website enabling the User to play the games offered/ use the software or any other product or services offered by the Website, LLP or its associates, they will have to first register themselves with the Website.
Registration does not automatically guarantee the User the right to play on the Website, and the same is reserved by the LLP and only after the LLP or its representatives deem fit by their own subjective judgment will they grant the right to play.
To protect the interest of all Users and to promote fair play, the server where the software is installed and the games are hosted will be placed in a strictly non-public / confidential area where the access to the server is completely restricted both physically and virtually.
We offer our services in Indian territories that do not fall under restricted states, to Indian nationals over 18 years of age with valid identification documents issued by Government of India, Banking instruments and mobile phones in their name. By accepting this agreement, the user agrees to these conditions. Any breach of these conditions, in whatever form will be the responsibility of the user, and will result in suspension of user’s account, confiscation of funds and will attract legal action. You undertake, accept and agree that LLP and Website will not be held responsible or liable for any such breach committed by you under the applicable laws
- Persons residing in one of the Restricted States
- Games of Poker are prohibited in the Restricted States and any persons who were born in the Restricted States and residing thereto are not allowed to register or play Games of Poker on 9stacks.
- Persons residing in an un-restricted state
- Such individuals will be allowed to play the Games of Poker
- Such a person would need to submit proof of their residence outside the Restricted State.
- Persons visiting a restricted state
- Our Website and Services are not offered in Restricted States, even for persons who were neither born in nor are residing in, but merely visiting such states.
Any software that you download from the Website is being licensed to you by the LLP for your private personal use solely on "AS IS" basis. By installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you shall not use the Software/ Website.
Subject to the terms and conditions contained herein, the LLP grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Servers and play the Games on the Website.
The Website/ Software is not for use by:
(i) individuals less than 18 years of age; and
(ii) individuals having residential address in jurisdictions where local laws prohibit them from connecting to the Website (including the Restricted States i.e., Indian states of Assam, Odisha, Nagaland, Sikkim and Telangana) or certain countries outside of India. It is the User's responsibility to verify such matters.
(iii) individuals temporarily located in, or visiting, jurisdictions where local laws prohibit them from connecting to the Website (including the Restricted States i.e., Indian states of Assam, Odisha, Nagaland, Sikkim and Telangana). It is the User's responsibility to verify such matters.
You agree not to:
- impersonate any person or entity, falsely claim, or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, misrepresent the source, identity, perform any similar fraudulent activity or otherwise avail Services with what that we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by You to 9Stacks;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Website or features that enforce limitations on the use of the Services or the Website;
- intentionally interfere with or damage operation of the Services or the Web site or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Website without prior written permission;
- use any robot, spider, or other automatic device or software to use your login and play on the Website;
- provide false, inaccurate or misleading information;
- Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- Sell, assign, sublicense, transfer, distribute or lease the Software;
- Make the Software available to any third party through a computer network or otherwise;
- Export the Software to any country (whether by physical or electronic means);
- Use the Software in a manner prohibited by applicable laws or regulations or contrary to the 9Stacks policies mentioned on the Website.
(Each of the above action, in isolation or conjunction, shall be construed as "Unauthorized Use")
You will be solely liable for any damage, costs or expenses arising out of or in connection with any Unauthorized Use of the Software.
SCOPE OF LICENSE
The Software is licensed, not sold. This agreement only gives you right to use the Software. The LLP reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Software that only allows you to use it in certain ways.
User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. From time to time, the LLP / Website may automatically update or otherwise modify the Software, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the Software, including functions you may rely upon. You hereby agree that such activities may occur at the LLP’s sole discretion and that the LLP might make continued use of the Software conditional upon your complete installation or acceptance of such updates or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Software for purposes of this Agreement. By acceptance of this Agreement, you consent to such updates/modifications.
The Software is licensed as a single product. Its component parts may not be separated unless expressly authorized by the LLP.
You may not bypass, modify, defeat or circumvent any of the functions or protections of the Software or any mechanisms operatively linked to the Software.
You may not remove, alter, cover or deface any Trademarks or notices on the Software.
All title and copyright in and to the Software (including but not limited to any images, photographs, animation, video, audio, music and text incorporated into the Software), and any copies of the Software, are owned by the LLP, its affiliates or their suppliers. All rights not specifically granted in this agreement are reserved by the LLP.
The LLP is only permitting the user to use the Intellectual property to play the games and use other services offered and under all circumstances the user is strictly prohibited to use the intellectual property otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to/ or will be known to human kind of the intellectual property. Website does not grant the user any rights whatsoever with respect to its or its Affiliates intellectual property by allowing him/her to play games on the Website and use other services on the Website.
DESCRIPTION OF SERVICES OFFERED
www.9stacks.com is an online gaming Website offering real money poker games, providing the best software and an impeccable customer experience for poker enthusiasts to play various variants of poker online in India (subject to restrictions that are placed in certain states, or might be placed by other states in the future). Poker is a game of skill where players compete to make the best hand possible from some private cards and some community cards that are visible to all other players. Different variants of poker have different rules on how the hands of different players are ranked against each other, and how the overall pot is divided. Refer to www.9stacks.com/rules for a description of the rules for each game.
As Games are being played, the Software ensures that all players receive randomly generated cards (without favouring any player) and that all settlements at the end of each hand are automatically processed and credited to the player’s account, as described further below.
PRICING OF PRODUCTS AND SERVICES OFFERED
The charges are levied in the following forms:-
- Rake Charges: The Website/LLP will be levying a service fee (also referred to as a "Rake") on the pot in each poker hand from cash games played on the Website or applications downloaded from there. www.9stacks.com/play-poker/rake describes the current Rake charges. The rake charges levied are subject to change from time to time, and Users will be kept updated by suitable modifications to the same webpage and through responses to specific requests made through Customer Care. More details can also be obtained by writing to our Customer Care at firstname.lastname@example.org.
- Entry Fees in Tournaments: This fee will be charged on all tournaments, including Sit n’ Go tournaments, and will be displayed in the tournament lobby. This amount will be charged from interested Users who have registered for the above said tournaments at the beginning of the tournament itself. The entry fees levied are subject to change from time to time, and Users will be kept updated by suitable modifications in this document, intimations on the Poker Lobby at the time of buy-in and through specific requests made through Customer Care. More details can also be obtained by writing to our Customer Care at email@example.com . The Website/LLP will not be liable to pay back any such charge once a user has registered for a tournament.
WEBSITE SERVICES NOT PERMISSIBLE IN STATES OF ASSAM, SIKKIM, TELANGANA, NAGALAND AND ODISHA
The Website/LLP specifically prohibits Users in the Restricted States from accessing the Services, even if they were born in or are normally resident outside of these states. There may be applicable penalties imposed on such User by the respective State Governments or the Central Government of India as the case may be. The Website/LLP does not accept membership requests from Users who are currently residing in these States and if a User residing in such State(s) becomes a registered user of the Website by giving false and misleading information, he/she alone will be liable for violation of various laws of India, including the Laws of the respective States. The Website/LLP reserves the absolute and unconditional right to terminate such users’ membership without any notice and confiscate all their deposit and winnings as the case might be. Users/Players accept that Website/LLP will not be liable for User’s violation of Laws of India and various States and further that the Website / LLP can initiate legal proceedings against them for violating this agreement.
Users confirm to us that they are not residents of Restricted States or any other Indian states which prohibits its residents from playing/ participating in Games of Poker. Our policies do not allow residents of Restricted States to create their player login accounts with the Website. Our decision in this regard will be final and no consideration whatsoever will be extended to the User. Users are responsible for ascertaining the respective state law and local law and Users are responsible for any such breach of state and local law regarding accessing the Website and using any of it Services. You undertake, accept and agree that LLP and Website will not be held responsible or liable for any such breach committed by you under the applicable laws.
WITHDRAWAL POLICY FOR WEBSITE
The Website allows users to withdraw deposits and/or winnings from their accounts, as further described at www.9stacks.com/safe/cashout, which forms an integral part of these Terms and Conditions.
SERVICES NOT OFFERED TO USERS BELOW THE AGE OF 18 YEARS
Our services and products are not available to anybody under the age of 18 years on the date of them registering on the Website. Also, it is strictly prohibited for any user under the age of 18 years to play games or avail any services as offered by us on our Website or applications. We reserve the right to request proof of age at any stage to verify that people below the age of 18 years are not using the service and we may exclude a person from playing or availing the services as offered on the Website if proof of age is not provided or if the Website/LLP suspects that a person using the service is under-age of 18 years. If any person over the age of 18 years allows another person under the age of 18 to use their login / membership to avail of the Services, then the Website / LLP reserves the right to immediately terminate that user’s membership and confiscate all their deposit and winnings as the case might be. Users accept that Website/LLP will not be liable for User’s violation of Laws of India and various States in this regard, and further that the Website / LLP can initiate legal proceedings against them for violating this agreement.
ACCOUNT CREATION AND MAINTENANCE
Users can only have one account on the Website, which must be opened by providing correct, true and up-to-date information about the account holder and should be operated by the User himself/herself only. You shall not use the Website through another User’s account intentionally or unintentionally and you shall not open more than one account on the Website, whether using the same or other identification proofs. If any User fails to comply with this condition, the Website/LLP shall be entitled to cancel his/her accounts immediately and will bar him/her from using the Website in future.
SHARING OF PASSWORD
Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. LLP/Website is not responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the Website made from your account.
You understand that it is your obligation to protect the information you have provided on the Website including, but not limited, to usernames, passwords, email addresses, contact details, and telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the Website being exposed or misused by any other person or any other harm or loss being suffered by you.
DISCONNECTIONS AND TECHNICAL ISSUES
In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, Website/LLP will cancel the games and refund the bet amounts after proper verification and no rake will be taken from such games and you accept that the Website/LLP is not responsible to you for any other payments in all such cases. Website/LLP is not liable for any prospective winnings from any incomplete tournament. The Website/LLP shall not be held responsible for any liability to any disconnection, lag, freeze or interference in network on the user's computer or any other external networks. The User hereby agrees and acknowledges that in no case, other than a server crash, the Website/LLP is accountable for his or her disconnection(s) from server. The User expressly agrees that in no case does the Website / LLP accept any liability for consequential damages of any kind due to your inability to complete a hand / a tournament including due to technical failures, and in all such cases the maximum recourse available is a full refund of any money invested in that hand / tournament. You acknowledge that your participation in any game/tournament available on the Website is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a game/tournament has commenced, not being able to play due to slow internet connections, faulty hardware, internet connection failure, low computer configuration or for any other reason not attributable to LLP/Website will not necessitate a refund of the entry fee you may have paid for participation.
THIRD PARTY CONTENT
LLP will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments with regard to the LLP in any media or forum.
We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third party content policy posted by you on any platform.
Any violation may result in removal of the third party Content, a suspension of your use of the Services and/or any suitable action as may be required by us to ensure the agreement.
Please beware of phishing attacks, spoofed emails and links from external third party sources but claiming to be from Website or LLP. Website/LLP is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
IMPERSONATION AND UNAUTHORISED DEALINGS PROHIBITED
The Website/LLP does not tolerate any illegal and unauthorized activities on or against the Website by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User/Player or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. All necessary steps have been taken in order to ensure fair play on the Website. We will prevent you from colluding with other players in order to win/lose. When you agree to the terms and conditions mentioned here, you agree that you will not play any game in partnership or by communicating with other players, which may give you the benefit over other players. If we have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Website/LLP may in its sole discretion, but without any Legal Obligation to do so, initiate appropriate Legal Proceedings against the offender as well as notify the same to any Regulatory or Law Enforcement Agency of India or Foreign Jurisdiction. Website/LLP may also suspend or terminate the User’s account and other privileges for the use of the Website.
CRIME AND CYBER CRIME REPORTING BY USERS
Users are under an absolute obligation to inform Website/LLP about any Cyber Crime and Cyber Contravention involving their accounts. If any Users fail to inform the Website/LLP within 48 hours of the commission of a Cyber Crime or Cyber Contravention, Website/LLP shall not be under any obligation to extend any sort of assistance to them. The User alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Website/LLP shall in no case be responsible to share the financial and investigation burdens of the User. Website/LLP will, however, endeavor to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.
OBJECTIONABLE CONTENTS POLICY
Users are not allowed to post objectionable text, audio or video content on any part of the Website including their user names, profiles, names of private table created by the Users, and any chats whether public or private. Users admit, agree and accept that they may be exposed to content posted by other Persons which they may find offensive, unacceptable, obnoxious or indecent and that the Website may not be able to prevent such content being posted. The users/players shall bring to the notice of the Website/LLP or the grievance department at firstname.lastname@example.org immediately so as to enable the Website to act upon such information as it deems proper in accordance with its Policies. Users are not allowed to make false or damaging comments with regard to the Website/LLP in any media or forum and the LLP holds the right to reject or delete any text, files, images, photos, video, sounds, or any other material posted by you on any platform if it breaches the terms in accordance with our third party content policy. Any such violation by any User may lead to terminating and suspending their account and confiscating the money deposited therein. The decision taken by the LLP and its Management in this regard shall be final and binding on the User and the User specifically agrees that Website/LLP will not incur any liability under any circumstance whatsoever with regard to the same. The User should beware of spoof emails and links from external third party sources but claiming to be from the Website/LLP and the Website/LLP shall not be responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.
ONLINE BANKING TRANSACTIONS AND PAYMENT RULES
When the Users use Services as provided by the Website/LLP, they will be required to send money to us and may be required to receive money from us. To process such financial transactions, the Website/LLP may use third-party electronic payment processors or service providers (ESPs). You permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be bound by the terms and conditions of use of each ESP, as appropriate. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
Users understand that the Website / LLP will not accept payments or deposits from any bank accounts that are domiciled outside of India, or credit cards / debit cards linked to such bank accounts, or otherwise issued by financial institutions based outside of India. In no case will any payments or deposits be accepted in any currency other than Indian Rupees. All pay-outs will be made only in Indian rupees to Indian bank accounts. Also, the user should ensure that the instrument used to make the payment is his/her own and is used to add balances into his/her user account only.
Users understand and acknowledge the fact that the LLP is not a bank, a financial institution, or a non-banking financial corporation, and that the balance standing to the credit in a User’s account does not accumulate any interest. All player / user funds are held in trust by us in specified bank accounts. Funds held in user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, your claims on your deposits will be given preference over all other claims to the extent permissible by law.
Users also understand and agree that their accounts maintained with us are purely for the purpose of payment of the entry/subscription fee to participate in games/tournaments made available on the Website and for settlement of prizes that any player may win. You may not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your User account, any content, currency, cash balance, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website or by using any Services. The Website does not allow any transfer of funds or point balances directly from one user to another except as the outcome of a game / tournament.
It is the sole responsibility of the Users to administer and manage the Online Banking and Financial Transactions and Payments for accessing the Website. Users are solely responsible for acquainting themselves with, and complying with, all applicable Laws of India, including those pertaining to online payments and transfer of funds through online and offline methods. Users have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time and any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable Laws of India shall be solely attributable to the concerned User and the LLP shall not be held liable in this regard.
PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE
Each User understands and accepts that his/her mere participation in a game/ tournament available on the Website does not create any obligation on Website/LLP to give him/her a prize. Poker is a game of skill and User’s winning is predominantly dependent upon the skills displayed and used by the winning Users. Users acknowledge that there might be a risk of monetary loss due to the nature of the Services. Users acknowledge this risk, and their access to and use of the Website is completely voluntary and is at their sole discretion and risk. The Website/LLP will not be liable for any loss incurred by the User whatsoever, and the User voluntarily acknowledges the same.
USERS’ TECHNOLOGICAL SPECIFICATIONS
Users understand and acknowledge that they have the requisite skills, technological knowledge and technical infrastructure to play games on the Website. These Users Technological Specifications and requirements shall be maintained by the Users at all times from the stage of accessing the Website to the finishing of the game successfully. Once a game/tournament has commenced, not being able to play due to slow internet connections, data or telecom connectivity issues, faulty hardware, internet connection failure, inadequate memory space / disk space / other computer configuration issues or for any other reason shall not make the LLP liable in any manner whatsoever. Website shall also not be liable to refund the entry fee the User may have paid for such participation.
Tax would be deducted at source ("TDS") at the rate specified as per the Indian Income Tax Act 1961 (as amended to date) or as per any other law in force at the time being. The User hereby agrees and acknowledges that the winnings from Games, tournaments or through any other services as provided by the Website/LLP shall be allowed to be withdrawn only after deduction of applicable TDS. The User also agrees to furnish a scanned copy of his/her PAN (Permanent Account Number) duly issued to him / her by the Income Tax Department, Government of India, to deduct TDS as per the rules and regulations of the government of India. The User also agrees and acknowledges that deduction of TDS by the Website does not absolve the User from his or her overall liability to pay all applicable tax on his/her winnings from all games / tournaments played on the Website during the course of the year. The User expressly acknowledges that it remains his/her liability to calculate the total tax due to the relevant tax authorities at the end of the year and to pay any balance tax over and above any TDS that would have been paid on the User’s behalf. A Game for a user ends once he/she withdraws chips from Poker Balance to User Balance and TDS, if applicable as per the regulations, will be deducted on the winnings at that time. Partial withdrawals from the user’s Poker Balance would not be allowed.
EXTERNAL PLAYER ASSISTANCE PROGRAMS AND HEADS UP DISPLAYS PROHIBITED
The LLP prohibits any External Player Assistance Programs ("EPA Programs") or Heads Up Displays ("HUDs") which are designed to provide an unfair advantage to any Users. The LLP defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g., subscription services). The User acknowledges that any information on other players beyond that which the User has personally observed through the User's own game play constitutes an unfair advantage.
You agree that The LLP may take steps to detect and prevent the use of prohibited EPA Programs and HUDs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on the User's computer.
AUTOMATIC PLAYERS (BOTS)
The use of artificial intelligence including, without limitation, "robots" or "bots" by Users is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by himself / herself through the user interface accessible by use of the Software.
Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User, or who benefits from such actions taken by another User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances The LLP will be under no obligation to refund any monies that may be in such Users’ accounts at such time and the LLP / Website will have the right to initiate legal proceedings against the offending player.
In the event that the LLP deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback. The LLP shall be entitled to take such action as it sees fit, including, but not limited to:
- Immediately blocking a User's access to the Service;
- Terminating a User's account with the LLP;
- Seizing the funds within a User's account;
- Disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
- Taking legal action against a User.
LIMITATION OF LIABILITY AND DAMAGES
In no event, LLP or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if the LLP has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/platform/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/platform/service, even if LLP or a LLP authorized representative has been advised of the possibility of such damages or (iv) any other interactions with 9Stacks.
You agree to indemnify, save, and hold LLP, its affiliates, contractors, employees, officers, partners, agents and its third party suppliers, and licensors, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the Website; (ii) any violation by You of this Agreement or; (iii) any breach of the representations, warranties, and covenants made by You herein. LLP reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify LLP, including rights to settle, and You agree to cooperate with LLP’s defense and settlement of these claims. LLP will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
The User accepts that the historical data of each game shall be as recorded on the Servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Server the latter shall prevail. The User accepts that any hand history or hand replay features of the Software shall not be considered as the official historical record of any hand.
DISPUTE RESOLUTION & GOVERNING LAW
If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the Website, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, LLP may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or LLP may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or LLP (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor LLP may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and LLP. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
The failure of LLP to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by LLP.
If any provision of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.
Any User who has registered on the Website is considered to have accepted and understood all the Terms and Conditions. Without prejudice to our Rights and Privileges under the Legal Documents of this Website and as enshrined in the Laws of India and any relevant Foreign Jurisdictions, the LLP expressly and by implication claims, and the User expressly, unambiguously and absolutely agrees to the following:
- CONTENTS OWNERSHIP
The Services and the Website are owned and operated by LLP and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Website provided by LLP (hereafter “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and LLP, all Materials, trademarks, service marks, and trade names contained on the Website are the property of LLP and/or third party licensors or suppliers. You agree not to remove, obscure, or alter LLP or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services/Website. Except as expressly authorized by LLP, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. LLP reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and/or the Website or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to LLP, and shall assign to LLP, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
2. NO EXPRESS OR IMPLIED WARRANTIES
The LLP does not and never intends to acknowledge or represent the accuracy or completeness or reliability or adequacy of the Website’s third party content. The content, materials, information, services, and products in this Website, including text, graphics, and links, are provided on an "As Is Basis" and without warranties of any kind, whether expressed or implied. The LLP disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose. The LLP also does not guarantee that users shall be able to use the Website without any interruption, which could be leading to loss in continuity.
3. WEBSITE CYBER SECURITY
The LLP will take every possible measure to reasonably secure the Website and its Contents from Viruses, Malware and Harmful Components. However, the LLP does not represent or warrant that the Website, or the Server that makes the Website available, is free of such harmful components. Use of the Website, any application downloaded from the Website, and its Services is at the User’s own risk and the LLP shall not be responsible for any costs of servicing, repair or correction or any direct, indirect or consequential damages caused to their Computer Systems or other electronic devices and components in case of any Virus/Malware Infection or any other system compromise whatsoever.
4. ADVERTISEMENT DISCLAIMER
The LLP does not endorse the advertisements (if any) hosted on the Website. Users accessing, clicking and responding to advertisements placed on the Website or purchasing any products advertised on the Website must do so at their own free will and risk.
If any judicial or quasi-judicial body in India declares or renders any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected and the same will remain binding on the Users.
Promotions and NDNC Registry:
By registering on 9stacks, you have authorized NineStacks Gaming LLP to reach out to you through emails, SMS and phone calls for all promotions and delivery of our services. You can choose to de-register yourself from receiving any promotional communication by writing to us on email@example.com to get enlisted on our NDNC Registry. Please note that if you have not de-registered yourself from the NDNC Registry, you will not be able to claim or raise any complaints against 9stacks or the LLP in this regard.
You hereby confirm the fact that you have read, understood and are willing to abide by the above Terms and Conditions.