End User License Agreement

Software Jurojin Poker

This End User Software License Agreement (hereafter referred to as “Agreement”), regulates the access and use of the Software, which is the sole and exclusive property of Silicon Tango, LLC also known by its trademark Jurojin Poker® ("Jurojin Poker" or "Licensor"), together with all the content, products and services that the Licensor makes available to the users (hereafter referred to as “User” or “Licensee”).

In addition, these Terms of Use, together with the Privacy Policy and the Cookie Policy, both of which relate to the management of User data (https://jurojinpoker.com/gdpr) , describe the terms that will govern the acquisition, operation and use of the Software in the Cloud (collectively, the "Agreement").

In accordance, the Licensor, Silicon Tango, LLC, is a Limited Liability Company organized under the laws of the State of Delaware, United States of America, with a special address established at 3625 N Country Club Dr. Apt 1003, Miami, Florida; and its email address at support@jurojinpoker.com.

I: TERMS, DEFINITIONS AND INTERPRETATION.

1.1.

For the purposes of this Agreement, the Parties hereby agree that it shall be executed in accordance with the terms, meaning and scope as established below. In this sense, these terms shall be primarily interpreted in an exegetic manner and, secondarily, in a systematic manner, and not in any other system or way of interpretation.

1.2.

Therefore, any reference to the terms described herein shall hereafter be interpreted as and be inclusive of the meaning given to each term:

  • Agreement: This End User Software License Agreement, also referred to as “EULA”.

  • Authorized Reseller: Any part that is expressly and duly authorized by Silicon Tango LLC to participate in any way in the maintenance, marketing or distribution chain of their products and services.

  • Jurojin Poker or Us: Silicon Tango LLC, Licensor of the Software that is subject to this Agreement.

  • Licensor: Silicon Tango LLC, the sole and exclusive owner of the Software intellectual property.

  • Licensee or Users: Any individual or entity that obtains or downloads and executes one or more licenses of the Software, or that acquires any service, product, upgrade, feature or content related to it, whether for valuable consideration or not.

  • Parties: Plural term to refer to the Licensor and the Licensee instinctively and collectively.

  • Software: The Software subject to this Agreement. Jurojin Poker is a premium tool, which provides convenience features for the simultaneous use of multiple poker platforms.

  • Application or Platform: Cloud only. Access interface to the Software, the features of the Software and their resources. In particular, the download is accessible through the following link: https://jurojinpoker.com

  • Content Updates: Any Software modifications, whether made automatically or not, as a result of updates or changes in its operation or its appearance. The Updates, as the case may be, may result in charges (if so, prior notice shall be given).

  • Upgrades: An Upgrade shall mean the acquisition of a better version than that originally acquired.

  • Services: The services included in the Software shall vary depending on the license of use effectively acquired. Our Software is free to use, with some paid updates tools.

  • Maintenance and Support Policies: This EULA does not include any particular maintenance to the Users related to the Software. Support is limited to the terms and conditions set forth herein. If you have any questions, please contact us by email at support@jurojinpoker.com

  • Installation: Installation is done through the "download" button included in our web page https://jurojinpoker.com. This is free of charge and the user must register in order to access the functionality of the tool.

  • Casino: shall be understood as any internet site operated by a gambling house completely unrelated to Jurojin, which makes available to their users games for entertainment.

  • Banned User: shall be understood as the prohibition, cancellation or limitation of a User's access to the Casino, by order and on behalf of the Casino.

1.3.

It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by Law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement, as modified, enforceable, and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent.

II: ACCEPTANCE AND COMING INTO FORCE.

2.1.

Access to the Platform or the use thereof by the User shall imply, without reservation, full knowledge and acceptance of this Agreement. Therefore, a comprehensive and conscientious reading of the Agreement is recommended. In this sense, the first access by any User related to the Licensee shall entail the full entering into force of the rights and obligations of the Parties under this Agreement.

2.2.

The acceptance hereof in accordance with the above provisions entails the reading, understanding and acceptance of the terms, effects and scope of this Agreement

2.3.

Any party that fails to accept the terms and conditions hereof, which are mandatory and binding, shall refrain from using the Platform, the Software and any products and services that are the intellectual property of Jurojin Poker. The continued use of the Platform, the Software, or any service or product related to this Agreement by the Licensee or the Users shall entail the acceptance of any modification to this Agreement. In this sense, Jurojin Poker, at its entire discretion and without prior notice, may modify, in whole or in part, this Agreement, its use policy and its services and product policies, without being legally bound to notify the Licensee or the Users. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Jurojin Poker, may, at its entire discretion, notify the Users via newsletters or generic communications of any modification to this Agreement; nonetheless, such action shall not be deemed to create a specific obligation to notify. Should said notice be given, it shall be deemed to be an act of courtesy carried out by Jurojin Pokerand shall not discharge the Licensee and the Users from their obligation to stay properly informed about any modifications made to the terms hereof.

III: TERM OF DURATION.

3.1.

The Parties agree that this Agreement shall remain in force for the duration of the contractual relationship between them. In other words, as long as the User maintains his/her subscription to our Platform in force, notwithstanding the fact that certain clauses, due to their nature, shall remain effective after termination of the license of use acquired hereby.

3.2.

Only license extensions purchased by Users to obtain additional functions shall have the contracted duration, applied only to the chosen contract. At the end of the period for which the User purchased the additional functionality, the User's profile will return automatically to the free version; consequently, all initial restrictions and default set ups shall apply. In any case, all the conditions agreed through this Agreement will remain in force until the User decides to unsubscribe from our services, whether paid or free.

IV: LICENSE GRANT.

4.1.

Software License. Subject to the terms and conditions defined herein, Jurojin Poker grants to the User a non-exclusive license to use the Software. Our Software is a utility platform with several features designed to aid the experience of a poker player during his playing session. For more information: https://jurojinpoker.com.
Jurojin Poker is not a software that allows users to place monetary gambles. Therefore, it does not collect or handle money from Users.

4.2.

The Jurojin Poker Software includes, at the User's disposal, free functionalities and paid ones. Users shall subscribe to a paid membership to access preferred and enhanced functionalities. These preferred features include a free trial period of 14 days. In addition, upon termination of the free trial period, Users shall pay for the functionalities if they wish to continue using them. Payment for upgrades will be made through the 2Checkout platform (an independent platform from Jurojin Poker) (Clause 13).

4.3.

Any modifications to the Software programming, irrespective of the scope or the functionality affected, shall be strictly prohibited, except as otherwise expressly agreed by the Parties. Jurojin represents that any modification made to the Software, or to the products and services related to it, may lead to contingencies, including but not limited to, loss of stored information, loss of basic functionalities, among others.

4.4.

Jurojin Software is provided to the Licensee “AS IS”. Jurojin does not warrant that the functions contained in the Software will meet Licensee´s requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected in the way that is expected by the licensee. Furthermore, Jurojin does not warrant or make any representations regarding the use or the results of the use of the Software or any documentation provided therewith in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Jurojin or a Jurojin authorized representative shall create a warranty or in any way increase the scope of the warranty provided herein.

4.5.

Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special incidental, indirect, consequential damages whatsoever (including, but not limited to, damages for loss of profits or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out for or in any way related to the use of or inability to use the Product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault, tort (negligence included), strict liability, when in any way, actual or potential, direct or indirect, with immediate or mediate relation to the result, Users or any other person with a commercial or employment relationship with the Licensor, whether permanent, temporary or even incidental, with or without access to the Platform or the Software, may have been involved in the occurrence of said damages or failed to help prevent them, regardless of the actual proportion or impact that those actions or omissions, in particular, may have in the occurrence of the damages.

V. SUPPORT.

5.1.

Support Services. Jurojin Poker will provide only maintenance services to Users, upon request. In order to obtain support, Users shall communicate by the means provided for: support@jurojin.com. Jurojin may provide such support within 30 labor days after the User has requested it. Likewise, in order to receive the support, the User shall accept the modality proposed by Jurojin Poker's maintenance team.

5.2.

This Agreement does not include any form of maintenance services to be performed by Jurojin Poker referred to the User´s system or hardware. Notwithstanding nothing in this Agreement shall be construed as prohibiting Licensee from performing its own maintenance and/or updates or contracting a third party to perform such maintenance and/or update services. In no case the maintenance performed by User, or third party on behalf of him/her, shall infringe provisions set forth in Clause VIII.

VI: REPRESENTATIONS AND WARRANTIES.

6.1.

Software and Services. Licensor represents and warrants that: (i) the Software furnished hereunder shall be free from significant programming errors. The Parties shall interpret the meaning of "important programming errors” as covering all those damages that, not being attributable in any way to Licensee, make the fulfillment of the objective that lead to contracting the service impossible and unsustainable; (ii) the services and Software shall conform to the standards generally observed in the industry for similar services and Software.

6.2.

Ownership. Authority. Licensor represents and warrants that: (i) it is the owner of all copyrights, trade secrets, patents and other intellectual or industrial property rights in the Software; (ii) it has full power and authority to grant the rights granted pursuant to this Agreement to Licensee with respect to the Software; and (iii) neither the performance of the services by Licensor nor the license to and use by the Licensee of Software and associated Documentation, as long as it conforms to the terms of this Agreement, will in any way constitute an infringement, misappropriation or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party.

6.3.

Warranty statement from Licensee for the Benefit of Jurojin Poker. Users states and warrants that:

6.3.1.

Shall not use the Software in an improper manner or for a purpose other than that established herein.

6.3.2.

Shall refrain from performing acts, by itself or through others, that may affect in any manner the intellectual property of the Licensor that may modify such intellectual property, irrespective of the purposes of said acts. Any modification to the developed Software or to any integrative element thereof shall be directed by Jurojin itself or by the authorized resellers; except express authorization in a different sense.

6.3.3.

Licensee warrants that all the parties related to it shall abide by the confidentiality policy set forth in Article 10 with regard to the intellectual property of Jurojin. Users warrant that it shall hold Jurojin Poker harmless against any damage arising from a breach thereof.

6.3.4.

The User are the sole and final recipients of the software subject to this Agreement.

6.3.5.

The Users states and warrants that shall prevent and -in such case- indemnify and repair Licensor for any security breach occurred whether it occurs for human error or internal system fail or hardware fail, or misconduct of any kind either negligent or intentional by their users, employees, authorities or any other third party that may have access to the Software on behalf of Licensee or to a not authorized third party that was given access by Licensee to the Software, Documentation, reports or any other information contained. In any such case, Silicon Tango LLC will be exempt of any kind of liability in regards to such misuse notwithstanding all legal actions that Licensor may file against Licensee, their users, employees, authorities or third parties involved for any kind of damage caused.

6.4.

Warranty statement from Jurojin Poker for the Benefit of User: Licensor states and warrants that:

6.4.1.

Software Performance: The Product will perform substantially for a period of thirty days from the date of “acceptance”. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty (thirty days). As to any defects discovered after the thirty (30) day period, there is no warranty or condition of any kind, notwithstanding the technical support that may be applicable.

6.4.2.

Exclusion of Incidental, consequential or other damages: Your exclusive remedy for any breach of this Limited Warranty is as set forth below. You are not entitled to any damages, including but not limited to incidental or consequential damages, if the Product does not meet Silicon Tango LLC.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

VII: DATA PRIVACY. COOKIES.

7.1.

To the extent that either Silicon Tango LLC or Jurojin processes personal data about any individual in the course of providing the Services, it will do so only as a data processor acting on behalf of Licensee (as data controller) and in accordance with the requirements of this Agreement.

7.2.

Jurojin Poker collects personal data directly from Users who may access the Software. This data is provided on a voluntary and independent of the User´s will and control, notwithstanding data that may be collected through related functions provided by Twitch® or Discord® or other networks (subject to acceptance). The data that Jurojin collects are the following: full name and email address. If the User does not want us to collect their personal data, the User should refrain from using the Software and from registering. To all effects and purposes, the Licensor declares that it does not collect any gambling movements associated with the Users, nor does it make a personal or professional assessment of the User's qualities.

7.3.

It is important to mention that, periodically, Jurojin Poker collects information through an external server, related to the application in general, the functionalities provided, and basic information such as stakes where User plays, and game types. Jurojin Poker makes use of this information for the sole and specific purpose of performing global analysis related to the use of the application and its functionalities, for example, to know if the User has certain functionalities activated or inactivated.

We also comply by informing the User that, infrequently, data related to the events occurring at the poker table is sent to Jurojin Poker’s server, which in no case this information will be significant or sufficient to analyze the User's moves, hands, patterns of behavior, gambling, bets, risk tendency, hands or game profile. Jurojin Poker does NOT collect, transfer or save enough information to constitute the User's poker behavior profile. Jurojin Poker makes use of this information for the sole purpose of performing diagnostics to identify any eventual flaws or problems regarding the application, with the sole intention of remedying them.

Also, the User is informed that by clicking on the “Report Issue” button while playing, specific information related to the particular events occurring at the poker table where the User is playing in that moment, will be sent to Jurojin Poker’s server, and will be analyzed with the sole purpose of remedying the reported problem.

Confidentiality: In no case shall Jurojin Poker disclose this information, guaranteeing the confidentiality and security of such information. Notwithstanding the provisions set forth in the GDPR (https://www.jurojinpoker.com/gdpr)

7.4.

Use of information collected: All information provided will be treated as confidential. Notwithstanding the foregoing, our application uses the information stored in order to create the User's profile and to allow the User to manage its configuration, send Newsletter and publicity. The User expressly declares to know and accept the destination that will be given to the data thus provided, with all the consequences to be expected as a result.

7.5.

Jurojin Poker will have in place and maintain throughout the term of this Agreement appropriate technical and organizational measures to protect the Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. In this Section, and according to the definitions included at Article I, the terms “controller”, “processor” and “personal data” will bear the meanings given to them in European Union Data Protection Directive 95/46/EC. Notwithstanding the foregoing, Users may access the data stored, freely requesting to view, modify or delete it, as indicated in Jurojin Poker's Privacy Policy (https://www.jurojinpoker.com/gdpr) .

VIII: Proprietary Rights.

8.1.

Jurojin Poker is the sole holder of all intellectual property rights related to the Software and Service, including all tools, aspects, information and data herein related to the Software. In addition, Jurojin Poker is the sole and exclusive owner of the registered trademarks (trademark)®. The intellectual property shall include all the modifications made to the Software.

8.2.

The execution of this Agreement shall not, in any way, entail the transfer, in whole or in part, of Jurojin Poker intellectual property over any content to Users or any other party related to the latter that may have taken part in this Agreement, even occasionally.

8.3.

Users shall not modify, alter, decompile, disassemble, reverse engineer or emulate the functionality, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software. Users understand and accept that any change or adjustment made other than in accordance with this provision may result in the violation of the relevant business or criminal laws.

8.4.

Users shall be strictly bound to observe, comply and adjust their conduct in accordance with all contractual and technical limitations related to the use of the Software. Jurojin Poker's intellectual property shall include all modifications made to the Software.

8.5.

Users agree to notify Jurojin Poker within 48 hours of the occurrence of any event which, regardless of its cause or the person responsible, may result (even potentially) in an infringement of Jurojin Poker's intellectual property rights. Failure to comply with this provision will trigger the application of the termination procedure provided herein.

IX: Disclaimers and Limitation of Liability.

9.1.

Software and Services. Licensor represents and warrants that: (i) the Software provided will be free of significant programming errors. The Parties shall interpret the meaning of "significant programming errors" as encompassing all those damages that, not being attributable in any way to Licensee, make the fulfillment of the purpose for which the service was provided impossible or impracticable. In the specific case, a significant programming error shall be one that prevents the achievement of a result that is not necessarily compatible with the result expected by the User; (ii) the services and Software shall comply with the standards generally observed in the industry for similar services and Software.

9.2.

Update. Any upgrade of the version of the software shall be considered a better acquisition of the software. Jurojin Poker, in order to guarantee the optimal functionality of the application, enforces the User to use the updated version, which means that the User will not be allowed to use versions prior to the last update made by Jurojin Poker.

Also, any update or upgrade in the version of the Software may cause the User to lose his/her personalized configuration. In this case, Jurojin is not responsible although it will make every effort to prevent this from happening.

9.3.

Limitation of Liability: Under no circumstances, including negligence, shall Jurojin or any other member of the company be liable for any special, incidental, direct, indirect or consequential damages whatsoever of the Software even if Jurojin had prior knowledge of the possibility of such damages.

9.4.

Software Performance. The Software will perform substantially in accordance with the functionality described and set forth on our Website and in this Agreement. As for any defects that may exist, we appreciate that the User warns and notifies us, although Jurojin Poker does not grant any warranty or refund of any kind, notwithstanding the technical support that may be applicable.

9.5.

Jurojin shall not be liable for contingencies arising from overwriting the Software installation or update (such as damage, loss of information and/or any other changes Licensee has made to the Software). Events such as these may occur by User actions, or when a new version of the Software is downloaded or installed, or if the Software is subject to an automatic or scheduled update. In all these circumstances, User will be required to adopt reasonable and proper means, by his/her sole discretion and liability, to prevent information loss, or other contingencies.

X: Confidentiality.

10.1.

Proprietary Information. For the purposes of this Agreement, the following definitions shall apply:

10.1.1.

“Proprietary Information” means Trade Secrets and any other information that is of value to the Parties, specifically – although not limited to – the intellectual property rights referred to in Article 8, and which shall be treated as confidential and is or was disclosed to or accessed by the Parties either prior to or during the term of this Agreement.

10.1.2.

“Trade Secrets” means, limitation and without regard to form, any technical or non-technical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, list of actual or potential customers or suppliers, etc., which is not commonly known by or available to the public, and which: (a) derives economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other Persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Trade Secrets specifically includes all software, and any information described in this provision that each Party to this agreement obtains from another party, which the disclosing party treats as proprietary or designates as trade secrets. The term “Trade Secret” does not include any materials or information of the types specified above to the extent that such materials or information: (z) are or become publicly known or generally utilized by others; or (y) as established by documentary evidence, are known to the other party, prior to the receipt of such materials or information from the party claiming ownership; or (x) are furnished to others by the party claiming ownership with no restriction on disclosure; or (w) are rightfully received from a third party without any breach of this Agreement or such third party’s obligations of confidentiality. Failure to mark any Trade Secret as confidential shall not affect its status as a Trade Secret under this Agreement; and

10.1.3.

“Law” means each of the following to the extent it is applicable to the provision in which the term Law appears: conventions, treaties, common law, statutes, codes, laws, regulations, rules, judgments, orders, ordinances, and mandates.

10.1.4.

So long as the foregoing conditions are met, Proprietary Information shall include, without limitation, information created or obtained by any of the Parties to this agreement or its Affiliates’ customers, agents, or suppliers, and the computer software and documentation of third parties.

10.2.

Both Parties acknowledge and agree that the Proprietary Information they may have obtained from the other party as a result of this Agreement, prior to or during its performance, shall remain the sole and exclusive property of the disclosing party or its Affiliates or a third party, if applicable. The exposure as “receiving party” by one of the Parties to confidential information of the other party or the receipt of the Proprietary Information does not confer upon them any license, interest, or right of any kind in or to the Proprietary Information, except as provided under this Agreement. The Parties may use the Proprietary Information solely for performing their obligations under this Agreement. Neither Party shall disclose the Proprietary Information to any third party other than employees and contractors who necessarily require such information in order to perform their obligations under this Agreement. Licensee shall return to Licensor or its Authorized Resellers, as the case may be, upon request by Licensor or such Authorised Reseller, the Proprietary Information and all materials developed by Licensor containing or based upon the Proprietary Information.

10.3.

Licensee shall cause each employee, subcontractor, employee of all subcontractors, Authorized Reseller, and employee of all Authorized Resellers who are exposed to the Proprietary Information to execute a nondisclosure agreement containing substantially the same terms as this Article, and a copy thereof shall be delivered to the Licensor within a reasonable time after execution thereof. The Parties shall require any recipient of Proprietary Information to abide by the restrictions of this Agreement concerning the Proprietary Information before such Proprietary Information is disclosed to the recipient.

10.4.

Subject to the terms set forth herein, the Parties shall protect the Proprietary Information with the same degree of protection and care exercised in protecting its own confidential and proprietary information, but in no event shall it be less than reasonable care. With respect to Proprietary Information that does not constitute a Trade Secret, this Article shall survive termination of this Agreement for a period of ten (10) years.

10.5.

Nothing in this Article shall prohibit or limit the use of information if the Party that intends to use it establishes that (i) at the time of disclosure hereunder such information was generally available to the public; (ii) after disclosure hereunder the information became generally available to the public, except through breach of this Agreement by such Party; (iii) the information was in the receiver´s possession on a non-confidential basis and it was not acquired directly or indirectly from the owner of such information or any Affiliate, as evidenced by the receiver’s written records; or (iv) the information becomes available from a third party which is not legally prohibited from disclosing such information, provided such information was not acquired directly or indirectly from the owner or any Affiliate.

XI: Export.

11.1.

Users acknowledge that the export, re-export, deemed export, and import of the Software and Documentation is subject to certain laws, rules, Executive Orders, directives, arrangements, and regulations (“laws”) of the United States and of other countries. These laws apply to Users. Users will not violate these laws. Without limitation, Users agrees that the Software, documentation, or any direct or indirect product thereof, must not be exported, re-exported, transferred by download or otherwise, directly or indirectly into (i) Cuba, Iran, Northern Sudan, North Korea, Syria, or into any other country embargoed by the United States, or to (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial Orders, or to (iii) any end user or for any end use in violation of any United States Executive Order, policy, embargo, or laws, without first obtaining the required licenses or authorizations from the United States Government. Users will not allow the Software, related documentation, or the underlying technology to be used for any purpose prohibited by United States laws, including, without limitation, for the development, design, manufacture, proliferation, or production of nuclear, chemical, biological or any weapons of mass destruction. Further, Customer represents that it is not a national, resident, or under the control of the government of Cuba, Iran, Northern Sudan, North Korea, Syria, or any country to which the United States has prohibited export of the Software or Documentation and that it is not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, Specially Designated Narcotic Traffickers, or on the United States Department of Commerce Table of Denial Orders.

11.2.

User acknowledges that an export license from the Bureau of Industry and Security is required to provide the Software or Documentation to any "government end-user"; in any country that is not listed as a Supplement No. 3, Favorable Treatment Country, in accordance with 740.17(b)(2) of the Export Administration Regulations which identifies certain categories of encryption products that are "restricted" for purposes of License Exception ENC. Client shall indemnify, hold harmless, and defend Jurojin Poker, including the payment of all reasonable attorney’s fees and court costs, against any claims or losses related to Customer’s failure to conform to any and all of these requirements and obligations.

XII: Indemnification.

12.1.

Mutual Indemnification. Each party shall indemnify, defend and hold harmless, and does hereby indemnify, defend and hold the other Party, its Affiliates, and their respective directors, officers, employees, agents, and successors in interest harmless (each of the foregoing being hereinafter referred to as an “Indemnified Party”, individually, and as the “Indemnified Parties'', collectively, and the counterparty referred to as “Indemnifying Party”) against any and all claims, suits, actions (including declaratory judgment actions brought by that Party’s Indemnitees or Indemnities in response to a claim described herein), liabilities, losses, costs, reasonable attorneys’ fees, expenses, judgments or damages, whether ordinary, special or consequential, resulting from any claim made by a third party or suit brought against an Indemnified Party (other than liability solely attributable to the Indemnified Party) arising from (i) the negligence of the Indemnifying Party, its agents, employees, directors, officers or Authorized Resellers; (ii) any breach of this Agreement, including any representation, warranty or covenant made herein; (iii) any claim brought against the Indemnified Party, by the Indemnifying Party´s agents, employees, directors, officers, or Authorized Resellers.

12.2.

Jurojin Poker shall indemnify and hold the Indemnified Parties harmless from and against any and all claims resulting from the use of the Software or any part thereof or the misappropriation or infringement of a patent, copyright, trade secret, trademark, moral right, or other proprietary or intellectual property right in the performance of any service hereunder. Notwithstanding the foregoing, Jurojin Poker shall not be held liable in any way for the claims set forth in the previous paragraph when the damage made was a direct or indirect result of misuse, of the expressly unauthorized modification, updating, downloading or installation of the Software, of fraud, or of negligence by any Users for misuse, the owed indemnity shall not override Jurojin Poker’s right to bring the relevant legal actions to seek relief for the damages suffered by Jurojin Poker or by third parties on account of those acts.

12.3.

Indemnification Process.If any third party makes a claim covered by the “Mutual indemnification” or “Intellectual Property” Sections above against an Indemnified Party with respect to which such Indemnified Party intends to seek indemnification under this Article, the Indemnified Party shall give notice of such claim to the Indemnifying Party including a comprehensive description of the claim, with all the relevant supporting documentation, and the amount sought, if known, together with the breakdown of the balance of the claim in question. Failure to give such notice shall not relieve the Indemnifying Party of its obligations hereunder except with regard to the damages or further damages that result from delays or irregularities in such notice. Upon giving such notice, the notified Party shall be bound to defend such Indemnified Party against such claim, and the notified Party shall be entitled to assume the control of the defense of the claim with a legal counsel designated by the Indemnifying Party, and reasonably satisfactory to the Indemnified Party. The Indemnified Party shall, to a commercially reasonable extent, cooperate fully with and assist the Indemnifying Party in its defense against such claim in all reasonable respects, at the Indemnifying Party's request. The Indemnifying Party shall take commercially reasonable steps to keep the Indemnified Party fully apprised at all times as to the status of the defense. The Indemnified Party shall have the right, at its own expense, to employ separate counsel in any such action, but the role of such counsel shall only be supportive of the Indemnifying Party's counsel. Neither Party shall be liable for any settlement of action or claim effected without its consent, which shall not be unreasonably withheld. Until both (a) the Indemnified Party receives written notice from the Indemnifying Party that it will defend such claim, and (b) the Indemnifying Party assumes such defense, the Indemnified Party may, at any time after thirty (30) business days from the date notice of claim is given to the Indemnifying Party by the Indemnified Party, resist or otherwise defend the claim or, after notice to the Indemnifying Party, settle or otherwise compromise or pay the claim. In this latter case, the Indemnified Party shall take all commercially reasonable steps to keep Jurojin Poker fully apprised at all times as to the status of the defense; and the Indemnifying Party shall pay all costs of indemnity arising out of or relating to that defense and any such settlement, compromise, or payment; provided that such proceeding is proportional and reasonable in relation to the alleged claim. Otherwise, and at all times, the Indemnified Party shall bear the costs and other items arising from its acts.

XIII: Charges. Upgrades.

13.1.

The User will be able to download our license and use a part of it completely free of charge. However, in order to access preferential and upgraded functionalities, the User will have to subscribe to a paid membership. For this purpose, we use an external payment platform named 2Checkout.

13.2.

All prices are listed in our "Price List". The different upgraded memberships are described in the following link: https://jurojinpoker.com/pricing. There, the User can find what is included in each package with the contracting time for each one.

13.3.

The User is reminded that our rates are non-refundable. This is so, since the User has a free trial period of the paid functionalities (full access) for a period of fifteen (15) days, at which time he/she will be able to check if he/she is satisfied with the membership he/she is going to contract.

The User declares to know, understand and accept that, given the event described in clause 9.2. "Update", whether Jurojin Poker manages to re-establish the functionalities or, on the contrary, it becomes impossible to recover the functionalities or the personalized configuration of the User, the User shall not be entitled to the refund of any amount paid as rate, thereby the User assumes such risk.

Furthermore, if for management purposes and decisions of the Casino, the Jurojin Poker software becomes incompatible, and thereby the application suffers modifications, or directly could not be compatible with the Casino, the User shall not be entitled to the refund of any amount paid as rate, thereby the User assumes such risk.

In no event shall Jurojin be responsible for the situation of the Banned User, who should direct their claims to the Casino that has banned or limited their access to the platform.

13.4.

Our prices may be updated at any time without prior notice. This is not applicable to memberships that were previously contracted.

XIV: Publicity.

14.1.

Users and Licensee acknowledges that Jurojin Poker may use third parties´s name and logo for the purposes of identifying as a customer or Affiliate of Jurojin Poker products and/or services. Moreover, Jurojin Poker may use its third parties’ name and logo –provided it has a prior written authorization given by an authorized agent-. If any Licensee or Affiliate refuses to have its name and logo made public, the information gathered, stored and processed shall be published maintaining the complete anonymity of the Licensee, which shall be named by its initials.

14.2.

The User understands that these logos or comments on third party companies are made solely for advertising purposes.

XV: Termination.

15.1.

Termination by Licensee. This Agreement may be terminated by the Licensee by requesting cancellation through our contact e-mail. In this case, the obligation of Jurojin Poker to perform the cancellation will be within thirty (30) days from the request. In the case of requesting the cancellation of a paid subscription there will be no refund of any kind, that is to say, the current month will be charged in full.

15.2.

Default. Either party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder, which default is incapable of cure or which, or being capable of cure, has not been cured within seven (7) days after receipt of notice of such default from the non-defaulting party or within such additional cure period as the non-defaulting party may authorize in writing. Jurojin Poker shall be entitled to terminate this Agreement without prior notice if, User failed to perform, in whole or in part, its payment obligations after thirty (30) calendar days of the issuance and receipt of the relevant invoice. The termination of the Agreement on this ground shall not in any case entitle User to seek compensation nor shall it prevent the debt owed by User from accruing interest until its full payment.

15.3.

Acts of Insolvency. Any Party may terminate this Agreement effective immediately by written notice to the other Party, and may regard such Party as in default of this Agreement, if it becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency Law, whether domestic or foreign, or has wound up or liquidated substantially all its business, voluntarily or otherwise. However, this shall not prevent the terminating Party from asserting a claim as creditor in any insolvency proceedings or from filing an involuntary petition to initiate the proceedings.

15.4.

Survival. The terms of this Agreement that would, by their nature, survive termination or expiration, shall survive any termination or expiration of this Agreement.

XVI: Taxes.

16.1.

Users shall be responsible for the payment of all taxes in connection with this Agreement, except for any tax based on Jurojin Poker and Authorized Resellers’ gross receipts or net income. Users will be responsible for withholding, paying and reporting any and all required federal, state or local income, employment and other taxes and charges imposed by any jurisdiction.

XVII: Relationship between parties.

17.1.

The Parties hereby affirm that they are independent contracting parties and that they conduct business separately. Therefore, they do not have shares in or are members of each other, they do not share a legal or fiscal address, they do not share clients or suppliers, and they do not have any commercial or non-commercial relationship.

17.2.

Therefore, the Parties hereby represent that they acknowledge and accept the fact that each party conducts its business with their own organization, administration and staff, and each Party entirely bears the commercial risks related to its activities, relationships and the performance of its obligations hereunder. Moreover, the Parties hereby represent that nothing in this Agreement shall be deemed or interpreted as creating an employment relationship, partnership, or joint venture between the Parties; and nothing in this Agreement shall be deemed or interpreted as creating an employment relationship or a relationship of principal and agent neither between the Client and the employees, directors or shareholders of Jurojin Poker, nor between Jurojin Poker and the employees, directors or shareholders of the Licensee or User.

17.3.

Each Party hereby represents and warrants that they shall make any necessary statement, declaration or announcement in order to provide certainty about the independent relationship previously described; therefore, they undertake to notify the other party, within a period of forty- eight (48) business hours, the existence of any act that could lead to confusion with regard to such independent relationship. Furthermore, and notwithstanding the specific provisions set forth herein, the Parties hereby agree to refrain from making any statement, declaration or announcement that could lead to the unfeasible confusion, connection or assimilation between both companies, and should such situation arise, the Parties hereby represent that they shall rectify the situation within a period of twenty-four (24) hours.

XVIII: Miscellaneous.

18.1.

NDA. Other than previously signed confidentiality and non-disclosure agreements executed between the Parties, which remain in force, this Agreement expresses the parties’ entire agreement as to the matters covered herein and supersedes all agreements previously made between the parties relating to its subject matter; and may not be modified in any way unless it is in writing and signed by both parties.

18.2.

Entire Agreement, Amendment and Waiver. This Agreement and the exhibits, attachments and Appendices which are incorporated herein by reference and/or attached hereto, and future amendments explicitly referencing this Agreement, collectively represent the entire Agreement between the parties hereto and is intended to be the final expressions of their agreement with respect to the subject matter hereof. No modification of this Agreement may be made except by written agreement, signed by duly authorized representatives of the parties hereto. No failure by the parties to insist upon the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver, except for the cases expressly contemplated by this Agreement. Other than those cases, any waiver must be made in writing and a waiver shall only be effective as to the specified event and shall not be deemed a waiver of any other right, remedy or any other provision.

18.3.

Counterparts. This Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties.

18.4.

Headings. Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret, limit, or amplify the scope, extent, or intent of this Agreement or any of the provisions hereof.

18.5.

Severability. The invalidity of any provision of this Agreement will not affect the validity and binding effect of any other provision and any invalid provision will be severed from this Agreement and the remainder of the Agreement will be enforced to the maximum extent permitted by applicable law and in keeping with the original intention of the Parties.

18.6.

No Third Party Beneficiaries. This Agreement is entered into solely between, and may be enforced only by, Client and Jurojin Poker. This Agreement does not create any rights in third parties, including suppliers and customers of a Party, or to create any obligations of a Party to any such third parties.

18.7.

Authority. Each Party executing this Agreement on behalf of Client and Jurojin Poker hereby warrants that:

18.7.1.

The entity on whose behalf such person is signing is duly organized and validly existing under the laws of its state of organization, and are registered in the respective governmental, fiscal, tax and administrative institutions according to their commercial activity.

18.7.2.

Such entity has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; and

18.7.3.

each person (and both of the persons if more than one signs) signing this Agreement is duly and validly possess legal power, capacity, and authorization to do so.

18.8.

Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of Delaware, United States of America. The Circuit or District Court, as appropriate, located in Delaware shall have exclusive jurisdiction of any legal proceeding regarding this Agreement, and the parties expressly submit to the jurisdiction of said courts and the venue thereof.

18.9.

Notices: For the purposes of all communications between the Parties under this Agreement, and except for those that are to be made by sufficient reliable means, the Parties designate the following contacts:

  • Jurojin: support@jurojinpoker.com

  • Licensee: The contact shall be the email address used by the Licensee, or any of its Users, the first time it enters the Platform and signs up for its use and access. Such contact may be modified by the Licensee provided that it has the prior express consent from the Licensor.

Last Updated: June 16 2022