TERMS AND CONDITIONS

These Terms and Conditions (“T&C”) and the documents referred and linked below (“Documents”) set out the basis upon which Suprema Poker application (“App”) operates and it related services (“Services”) will be provided to you, our Privacy Policy, our Community Rules and any other Suprema Poker’s policies.

Please read these T&C and the Documents very carefully as they form a binding legal agreement between you, an online poker Player (“Player”), and us, Plataforma de Relacionamento e Fidelização LTDA., a limited liability company established in São Paulo, registered at the National Corporate Taxpayers Registry under Registration number 22.853.217/0001-87, with registered address at Rua Henrique Schaumann, 286, commercial room 103.

You are also advised to check the T&C and the Documents from time to time for any updates or changes that may impact you, and if you do not accept the amendments, you will not be able to access your account.

If anything is not clear to you, please contact us using the following e-mail: [email protected]

1.DEFINITIONS

“Account” means an account you create when you access the App.

“Community Rules” means the rules of conduct that govern your interaction with our Services and other Players.

“Content” means any information, text, graphics, photos or other materials uploaded and/or downloaded through our App.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish.

“Game” means online poker play through Suprema Poker App.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Suprema Poker may offer from time to time to certain eligible Players.

“Player” means any natural person possessing full civil capacity, of legal age, who agrees with all the provisions of this T&C and the Documents.

“Services” means our Game, Services, Content, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, domains or websites, including but not limited to supremapoker.net, and other covered services that are bound to this T&C and Documents.

“Suprema Poker” means the name of the application of poker online owned by Plataforma de Relacionamento e Fidelização LTDA.

“User Content” means all the data that you upload, transmit, create, or generate on or through the App. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Item” means either a virtual currency to be used in the Services, or a virtual in-game item.

2.ACCOUNT INFORMATION, PRIVACY AND SECURITY

2.1. Our Privacy Policy describes how we collect, store, use, disclose, and otherwise process your personal information when providing our Services to you, and your rights and choices concerning your information. When you use our Services, you acknowledge and agree that our Privacy Policy applies. If you do not want that we to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.

2.2. Any information that you or other users provide to Suprema Poker is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the other countries for storage, processing and use by Suprema Poker.

2.3. As part of the Services, we may need to establish with you certain communication, such as notification, updates, announcements and administrative messages. In such cases, you may not be able to opt-out from receiving them. Please see your settings for email and mobile notifications for more.

2.4. We may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information, to use our Services. This information will be held and used in accordance with Suprema Poker’s Privacy Policy.

2.4.1. You agree to supply Suprema Poker with accurate, complete, and up-to-date information, particularly your email address.

2.4.2. You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.

2.4.3. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Suprema Poker cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

2.4.4. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.

3.BASIC TERMS

3.1. You are responsible for your use of the Services, for any user content you upload, transmit, create, or generate on or through the Services, and for any consequences thereof. Most user content is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide user content that you are comfortable sharing with others under these Terms.

3.2. You may use the Services only if you can form a binding contract with Suprema Poker and are not a person barred from receiving Services under the laws of any applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

3.3. Suprema Poker provides Services only for personal, at legal age, for entertainment purposes. You agree not to violate terms and conditions set in this Term of Service. You also agree not to use the Services for any other purpose and agree that Suprema Poker will have no liability to you for any damage or loss arising from unauthorized uses.

3.4. You agree to only use the Services, or any part of it, in a manner that is consistent with these T&C and you SHALL NOT:

(a)without written permission from Suprema Poker, commercially use, advertise or exploit in any manner the Services or any of its parts;

(b)reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Suprema Poker and/or its licensors on creation, in any event);

©remove, disable or circumvent any security protections or any technical measures that control access to the Game;

(d)remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;

(e)export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;

(f)create data or executable programs that mimic data or functionality in the Game;

(g)steal and/or publish information from other users (including but not limited to personal information, non-personal information and payment information);

(h)impersonate or harm reputation of Suprema Poker or the Services;

(i)post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;

(j)take advantage by exploiting others in any way;

(k)exploit errors and bugs found while playing the Game;

(l)access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Suprema Poker’s sole judgment);

(m)use / develop / advertise / trade / distribute programs that intercept communication between the Game and the Game server; any unauthorized third party programs or hardware devices that may affect the Game or normal Game play, including but not limited to, hacks, cheats, helpers, bots, scripts, trainers, automatic programs, programs that collect or modify Game data by reading the Game memory;

(n)disrespect or use offensive words towards others based on their race, gender, nationality;

(o)manipulate the results of the game in an unfair way;

§any action which is not defined in these T&C that negatively impacts the delivery of Services or negatively affects other users may be subject to warning and penalty through careful review of the circumstances.

3.5. In case of closure of the Account due to the breach of the terms in paragraph 3.4 above is prohibited from creating new accounts. Any future attempt of creating account after being banned from the service will be considered a breach of this Agreement and will result with closure of such accounts.

4.SERVICES

4.1. The Services provided are always evolving and may change from time to time without prior notice to you. In addition, Plataforma de Relacionamento e Fidelização LTDA., reserves the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Suprema Poker is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.

4.2. Suprema Poker also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information.

4.3. Suprema Poker may, in its sole discretion, limit, suspend, terminate, modify, or delete Accounts or access to the Services or any portion of them; prohibit access to our Games and sites, and their Content, Services and tools; or delay or remove hosted content. Suprema Poker is under no obligation to compensate you for any losses or results.

4.4. To access or play our Games or create an Account with us, we may need your email address and/or social network account, such as Facebook account. You may need to update third-party software from time to time to receive the Services and play Suprema Poker’s Games.

4.5. We provide the Games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

4.6. You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

4.7. If you use our Services, you must follow Suprema Poker’s Community Rules, Privacy Policy and all other Feature Terms that may apply. These additional rules and terms apply in addition to these T&C. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these T&C.

4.8. We may provide limited-time promotions and offers and the corresponding official rules or Feature Terms (if any) associated with any promotions and offers will apply in addition to these T&C. For avoidance of doubts, we are not required to give, and you are not required to accept, any such offers. These offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. Some offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any offer, you assume all liability associated with the offer.

4.9. You acknowledge and agree that Suprema Poker may update the Service with or without notifying you. Suprema Poker may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. Suprema Poker conducts maintenance work on its system from time to time. A portion, or sometimes all the features of the Service may not be available during maintenance periods. All problems encountered during the use of the Service, including those related to Your Account, can be reported by contacting [email protected].

5.OWNERSHIP

5.1. The Services are comprised of works that are owned or licensed by Plataforma de Relacionamento e Fidelização LTDA., and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. The use of the App does not grant you or any other party any right, title, or interest in the Services or any content in the Services.

5.2. The violation of any criteria in these T&C may lead to temporary or permanent suspension of the Services and any other legal actions. In addition, you may be breaking the law, including breaches or violations of intellectual property rights. Any attempt by you to disrupt or interfere with the Services, including (without limitation) undermining or manipulating the legitimate operation of any Game, is a breach of Suprema Poker policy and may be a breach or violation of criminal and civil laws.

5.3. Your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you had earned or acquired it. Your Account and any related Virtual Items are owned by Suprema Poker, that gives you a limited license and right to use your Account and the related Virtual Items while offering you the Services.

5.4. You are not allowed to transfer Virtual Items outside of the Services, by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
5.5.If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

(i)accurate;

(ii)not confidential;

(iii)not in violation of law;

(iv)not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;

(v)free of viruses, adware, spyware, worms, or other malicious code; and

(vi)in compliance with our Privacy Policy and Community Rules.

5.6. Your User Content will be processed by Suprema Poker in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

5.7. Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all your ownership rights in your User Content, but you give Suprema Poker a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

5.8. We have the right to remove any of your User Content if, in our opinion, it does not comply with the T&C, our Privacy Policy, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

5.9. Suprema Poker’s license to your User Content ends when you request deletion of your Account by submitting a request to us, with the following exceptions:

(i)User Content submitted in response to Suprema Poker promotions, which will be subject to any Feature Terms or other terms of the promotion;

(ii)User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
(iii)User Content subject to a separate license with Suprema Poker, which will be subject to the terms of such license.

5.10. If you request for deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if it is legally required.

5.11. When you post, publish, or transmit your observations and comments on the Services, such as in chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. Suprema Poker is not responsible for any other person’s use or appropriation of any content or information you post, publish, or transmit in any chat rooms.

5.12. We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy.

5.13. While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with Suprema Poker or other player when you are using the Services (including without limitation your communications through in-game text). For more information, see our Privacy Policy and Community Rules.

5.14. We reserve our right to choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole discretion to be objectionable. If we determine that your communications or User Content violate these Terms, Feature Terms, Privacy Policy or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.

5.15. For the purpose of avoiding the retaining of data that is no longer needed and/or to improve our services, we may delete or terminate accounts that are inactive (i.e., not logged into) for 180 days.

6.YOUR DEALINGS WITH OTHER PLAYERS

6.1. You are responsible for your interactions with other Players in accordance with the Community Rules. If you have a problem with another Player, we are not required to get involved, but we reserve the right to do so.

6.2. You acknowledge that should you have a dispute with another player, you release Suprema Poker from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

7.PAYMENT TERMS

7.1. Our Game is free to play, but you may purchase Virtual Items using real money to enjoy certain features of our Game. Purchase of the Virtual Items may be made by providing billing authorization through the third-party platform on which you are playing (e.g., Apple, Google etc).

7.2. You will obtain a limited license and right to use Virtual Items upon completion of the transaction for purchase of the Virtual Items.

7.3. When you purchase Virtual Items on other platforms, such as Apple or Google, Suprema Poker is not a party in the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Support Team at [email protected].

7.4. You acknowledge that by purchasing the Virtual Items you do not own the Virtual Items but only acquire a limited license to use the Virtual Items, according to the specific Game’s feature. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

7.5. You agree that purchases to acquire the right to use Virtual Items are non-refundable to the fullest extent allowed by law. Suprema Poker is not obliged to provide a refund for any reason and you will not be reimbursed for not used Virtual Items when an Account is closed, independently the reason.

8.ADVERTISING

8.1. Our Services may feature advertisements from us or other companies. Please refer to our Privacy Policy on the information we share with advertisers.

8.2. You agree that we are allowed to provide links in our Game or on the Services to third-party who may invite you to participate in a promotional offer and/or offer you some feature of the Services or upgrade in exchange. Any such offers should you choose to accept is your sole responsibility.

8.3. We have no responsibility for any third-party website linked to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not responsible for any claim relating to any content, goods, and/or services of third parties.

8.4. You understand that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

9.WARRANTY DISCLAIMER

9.1. Due to the nature of the Internet, the Service is provided on an “as is” and “as available” basis. No promises or guarantees are made by Suprema Poker that the Services or any content on them will always be available, uninterrupted, or error-free. We reserve our rights to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

9.2. You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that Suprema Poker does not screen or inquire into the background of any Player or make any attempt to verify the statements of Players. Suprema Poker make no representations or warranties as to the conduct of users of the Service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person.

9.3. To the extent permitted by applicable law, Suprema Poker makes no warranties, conditions, or other terms of any kind, either express or implied, about the Services. Suprema Poker disclaims any warranties of title or implied warranties, conditions, or other terms of non-infringement, merchantability, quiet enjoyment, or fitness for a particular purpose. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

10.LIMITATIONS & WAIVER OF LIABILITY

10.1. You agree that that Suprema Poker is not liable:

(a)for any indirect, incidental, special, exemplary, punitive or consequential damages, including for loss of profits, goodwill, business rights or data, in any way whatsoever arising out of the use of, or inability to use, the Services;

(b)all damages or injury caused by the Services, or related to use of, or inability to use, the Services, under any cause of action in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract, or tort (including negligence);

©for the conduct of third parties, including other users of the Services and operators of external sites.

10.2. The risk of using the Services rests entirely with you as does the risk of injury from the Services.

10.3. We will not be liable for any damages beyond the amount paid Suprema Poker. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations are limited to the maximum extent permitted by applicable law in such countries or jurisdictions.

11.INDEMNITY

11.1. You agree to indemnify, save, and hold Suprema Poker harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. Suprema Poker reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify, and you agree to cooperate with Suprema Poker defence of these claims. Suprema Poker will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of your Account (if applicable) or of your access to or use of the Service.

12.SEPARATION OF TERMS

12.1. Each paragraph of these T&C operates separately. If any provision becomes invalid or unenforceable, the remaining shall not be affected, being valid and enforceable to the fullest extent permitted by law.

13.ASSIGNMENT

13.1. We may assign our rights and/or our obligations to any person or entity at any time with or without your consent. You shall not assign your rights and/or your obligations to anyone without Suprema Poker’s written consent, and any attempt to do so without our consent is void.

14.NOTICES

14.1. If we have to give you notice of something, we may notify you by posting a message on supremapoker.net or in the Suprema Poker App, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.
14.2. Every notice, demand or communication from you shall be in writing and in English, and shall be sent to [email protected].

15.NO WAIVER

15.1. If we do not enforce our rights under these T&C and Documents, that does not waive our right to do so later. And, if we do expressly waive a provision of these T&C and Documents, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

16.FORCE MAJEURE

16.1. We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities or local government, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.AMENDMENTS TO THESE TERMS

17.1. We reserve the right, at our discretion, to change, modify, add, or remove portions of the T&C and Documents at any time by posting the amended T&C and Documents on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Featured Terms, Privacy Policy or Community Rules, and any other policies, codes, or rules will be accessible within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

17.2. You are not allowed to make changes to the T&C and Documents.

18.LANGUAGE

18.1 In the event of there being a discrepancy between the English language version od these T&C and Documents and any other language versions, the English language version will be deemed to be correct.

19.GOVERNING LAW AND JURISDICTION

19.1. These T&C and Documents, as well as the Services are governed by the laws of Curaçao.