Software Terms of Service

 

This End User License Agreement (the "Agreement") should be read by the User (the "User" or "you") in its entirety prior to the use of the service or products provided by peckno.com (the “Company”). Please note that the Agreement constitutes a legally binding agreement between you and the Company.

 

In addition to the terms and conditions of this Agreement, please review our Privacy Policyand Cookie Policy, as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Company websites (“Site or Sites”) as posted on the Sites from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

 

By clicking the "I Agree" button as part of the software installation process and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policyand Cookie Policy  as each may be updated or modified from time to time in accordance with the provisions below and therein.

 

For the purposes of this Agreement, the definition of "Software" will include both the software downloadable to the User’s personal desktop or laptop computer ("PC") from the Company (the "PC Software")  and the mobile software applications (the "Mobile Software" or “Mobile Gaming”) downloadable to a mobile device (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a "Device"), as well as all ancillary software (whether web-based software or client/server software).

 

 

 

GRANT OF LICENSE/INTELLECTUAL PROPERTY

 

  1. Subject to the terms and conditions contained herein the Company grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access our servers and play online games (the "Games") available (the Software and Games together being the "Service").
  2. The Software is licensed to the User by the Company for private personal use. Please note that the Software is not for use by individuals: (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Site from jurisdictions, countries, provinces, or states from which it is illegal to do so. It is the User's responsibility to ensure that their use of the Service is lawful and you agree to comply with all country, province, state, and local laws when using the service.
  3. The Company reserves the right at any time to request from the User evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
  4. The Company and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organization are protected by copyright, trade secrets, intellectual property and other rights. The User may not within the limits prescribed by applicable laws:
  5. 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;
  6. sell, assign, sublicense, transfer, distribute or lease the Software;
  7. make the Software available to any third party through a computer network or otherwise;
  8. export the Software to any country (whether by physical or electronic means); or
  9. use the Software in a manner prohibited by applicable laws or regulations.

(each of the above is an "Unauthorized Use").

The Company and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

 

The User agrees that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify the Company immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide us with reasonable assistance with any investigations we conduct in light of the information provided by you in this respect.

 

 

  1. The terms and any other trademarks, service marks, signs, trade names and/or domain names used by the Company on the Site and/or the Software from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of the Company and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all other content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Company and/or its licensors and is protected by copyright and/or other intellectual property or other rights. The User hereby acknowledges that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without our prior written consent.

 

Additionally, the User agrees not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by the Company and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of the Company, its employees, directors, officers and consultants.

 

  1. The User warrants that any names or images used by you in connection with the Sites or Service (for example, your user name) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant the Company a worldwide, irrevocable, transferable, royalty free, sub licensable license to use such names and images for any purpose connected with the Sites or Service, subject to the terms of our Privacy Policy.

 

 

ACCUMULATION OF POINTS

 

1A.1. While using the Service, the User may "accumulate", "win" or "lose"points playing online games. You hereby acknowledge that these “real world” terms are only used figuratively, and you agree that you have no right or title in points appearing or originating in any Game, whether "earned" in a Game. Any "point" balance shown in the online game does not constitute a real-world balance or reflect any stored value.

 

1A.2. All points from the online game are discarded after each game. For avoidance of doubt, points are not stored by the Site for future use.

 

1A.3. The Company does not recognize any purported transfers of points effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized byus.

 

 

NO WARRANTIES

 

  1. The Company disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to the User "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
  2. Regardless of the Company’s efforts to provide the User with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Sites shall be free from viruses, bugs or other contaminants.
  3. The Company reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide the User with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by us in this regard.

 

AUTHORITY

 

  1. The Company retains authority over the issuing, maintenance, and closing of Users' accounts on the Sites. Our decision, as regards any aspect of your account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.

 

YOUR REPRESENTATIONS AND WARRANTIES

 

Prior to the use of the Service and on an ongoing basis the User represents, warrants, covenants and agrees that:

 

  1. The use of the Service is at your sole option, discretion and risk.
  2. You will need to provide the Company with certain personal details about yourself as well as (for the purposes of using the Service via the Mobile Software) consenting to our use of location-based services (LBS) to detect your geographic location, for the purpose of using the Service. We will process your personal details in compliance with the data protection laws and regulations and in accordance with and as set out in our Privacy Policy.
  3. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond our control and we shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
  4. You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf).
  5. You are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform the Company immediately if you enter into a self-exclusion agreement with any gambling provider;
  6. You have provided true and accurate information concerning your physical address and identity, including nationality;
  7. You are not currently on any list of persons that would prohibit the Company from engaging in business or other dealings, or otherwise offering the Service to you;
  8. If you are identified as such a person as detailed in Clause 4.5 or 4.7, the Company may immediately terminate your account and all access to any of the Services.

PROHIBITED USES

  1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
  2. PERSONAL USE. The Service is intended solely for your personal use and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. You must provide full and truthful information in respect of all details and information provided to us, and remain obligated to update such details in the event of any change thereto.
  3. COLLUSION. Collusion between Users by sharing cards information or by any other methods is strictly forbidden. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing, including restricting two or more Users from playing together. In addition, we reserve the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly we shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
  4. EXTERNAL PLAYER ASSISTANCE PROGRAMS TOOLS. We prohibit external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. We define "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). We take a broad view of what constitutes "unfair advantage" in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through game play or receiving advice, direction or assistance on how to play, in real time that goes beyond a basic level.
  5. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.

 

  1. You agree that we may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with our Software on the User's PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

 

  1. FRAUDULENT BEHAVIOR. In the event that we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
  2. immediately blocking a User's access to the Service,
  3. terminating a User's account; and/or
  4. taking legal action against a User.

 

 

  1. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, or in correspondence with our staff.

 

 

 

 

  1. BREACH

 

  1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, the Company reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, including immediately blocking the User's access to the Service or to any other service offered by the Group, terminating such User's account on the Sites or on any other site operated by the Group and/or taking legal action against such User.
  2. You agree to fully indemnify, defend and hold harmless the Company and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

        7.2.1. your breach of this Agreement, in whole or in part;

        7.2.2. violation by you of any law or any third party rights; and

  1. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

 

LIMITATION OF LIABILITY

 

  1. Under no circumstances, including negligence, shall any member of the Company be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if the Company had prior knowledge of the possibility of such damages.
  2. Nothing in this Agreement shall exclude or limit the Company's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

 

SECURITY AND YOUR ACCOUNT

 

  1. Each Account shall be accessible through the use of a combination of a unique username ("Username"), a unique and secret password ("Password"), (the Username, Password and any other authentication features together being referred to as the "Login Credentials").  The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.
  2. The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her Account.
  3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
  4. A User may only have one Account and shall only use the Service using such single account. It is prohibited for a User to open multiple Accounts. In the event that we become aware of additional accounts opened by a User, we may close such additional accounts without notice.
  5. The Company reserves the right to run identity checks on a User, with third party services, using the information provided to us by a User on registration with the Service.
  6. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Company Account, and that all rights in and to your Company Account shall forever be owned by and inure to the benefit of the Company.

THIRD PARTY SOFTWARE

 

  1. The Software contains, as a component, third party software, including open source software.
  2. The User's use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
  3. The Licensed Software may not be altered, modified or extracted from the Software.
  4. The User's use is limited to "Internal Use" meaning use of the Licensed Software only in the course of the User's customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution.  "Customary and ordinary internal business use" shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User's customary and ordinary internal business. "Customary and ordinary personal use" shall mean, for an End User that is an individual, use by such User or a member of such User's household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.
  5. All rights not expressly granted in the Licensed Software are reserved.

DISPUTES

  • The User accepts that the historical data of each game, including points’ history, may not be as recorded on our servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Company’sserver, the latter shall prevail.

 

AMENDMENT

  • We reserve the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Sites. Therefore, we encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.

 

GOVERNING LAW

  • The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the state of Virginia USA. You irrevocably agree that, subject as provided below. the courts of Virginia USA shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the Company’s right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

SEVERABILITY

  • If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

 

ASSIGNMENT

  • We reserve the right to assign this Agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

MISCELLANEOUS

  1. No waiver by the Company of any breach of any provision of this Agreement (including the failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
  2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
  3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
  4. This Agreement constitutes the entire understanding and agreement between you and the Company regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and the Company.
  5. The User must provide full and truthful information in respect of all details and information requested by the Company in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.
  6. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
  7. We can be contacted by emailing Support.

 

 

 

 

End User License Agreement/Software Terms of Servicelast revised: March 21, 2021