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Terms of Service for Nefster

Last Updated: Feb. 27, 2024

1. Acceptance of Terms​

By accessing and using the Nefster platform or website (also represented as "Nefster", collectively referred to as the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms") and our Privacy Policy. The Privacy Policy provides detailed information about how we handle and protect your personal data and establishes your rights with respect to your personal data. If you do not agree to these Terms or the Privacy Policy, please do not use the Service.

2. Authentication and Acceptance of Terms​

By authenticating with your wallet (e.g., MetaMask) on Nefster, you are effectively establishing an account with us. This authentication process constitutes your acceptance of these Terms of Service. It's important to ensure that all information associated with your wallet and any additional profile details you provide are accurate, current, and complete.

2.1 Registration for Additional Services​

For certain features or services, such as our subscription service, you may be required to undergo a more traditional registration process. In such cases, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3. Use of the Service​

You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations.

4. Prohibited Activities​

You may not use the Service for any illegal or unauthorized purpose. You agree not to engage in any activity that interferes with or disrupts the Service.

5. Disclaimers​

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6. Limitation of Liability​

Nefster shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

7. Subscription Terms​

1. Subscription Service​

By subscribing to the Nefster subscription service, users agree to the terms outlined in this section, in addition to the other terms in these Terms of Service.

2. Subscription Fee​

The subscription fee depends on the plan the user is enrolled in. Users can pay using NEF, or another method if offered by the Service. By initiating a subscription, users authorize Nefster to charge their chosen payment method on a recurring basis until the subscription is terminated.

3. Benefits​

Subscribers receive various benefits as outlined in our Subscription Service documentation. Nefster reserves the right to modify, add, or remove subscription benefits at any time.

4. Renewal and Cancellation​

The subscription will automatically renew at the end of a subscription period unless and until the user cancels their subscription. Users can cancel their subscription at any time through the Service. Upon cancellation, users will not be charged for subsequent subscription periods, but no refunds will be provided for any unused portion of the current subscription period.

5. Insufficient Funds​

If a user's chosen payment method does not have sufficient funds to cover the subscription fee, the subscription may be paused or terminated. It is the user's responsibility to ensure that their payment method has sufficient funds.

6. Changes to Subscription Terms​

Nefster may change the subscription fee or the terms of the subscription service at any time. If we make changes that increase the subscription fee or materially reduce the benefits of the subscription, we will provide subscribers with notice. Continued use of the subscription service after any changes become effective constitutes acceptance of those changes.

7. Termination by Nefster​

Nefster reserves the right to terminate or suspend any user's subscription at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, third parties, or for any other reason.

8. NFT and Crypto Trading​

Nefster provides a platform that uses smart contracts to facilitate trades, transactions, and interactions related to NFTs and cryptocurrencies. While the smart contract acts as an automated intermediary in the trading process, all trades and transactions are ultimately between users. Nefster does not have control over and assumes no responsibility for the authenticity, quality, or legality of items traded, the truth or accuracy of listings, or the ability of users to trade items. Users are responsible for ensuring they understand and comply with the terms and conditions of the smart contract and any associated risks.

9. Content​

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. Nefster may, but is not required to, monitor or control the content posted via the Service.

10. User Conduct​

Users are expected to behave in a respectful and lawful manner when interacting with others on the platform. Hate speech, harassment, spamming, and other disruptive behaviors are strictly prohibited.

11. Social Poker Terms​

Overview​

Social Poker on Nefster provides an online platform for users to engage in poker games in a social and competitive environment using virtual chips. By participating in Social Poker, users agree to abide by these additional terms, which supplement the main Terms of Service.

Poker Chips and NEF Tokens​

  • Purchasing Chips: Users can purchase virtual poker chips using NEF, Nefster's native token. These chips are strictly for use within Social Poker games on Nefster and hold no real-world monetary value.
  • No Cash Value: Poker chips acquired on the platform cannot be exchanged for real money, cashed out, or converted into cryptocurrencies outside of the Nefster ecosystem, in compliance with applicable laws and regulations.

Game Participation​

  • Joining Games: Users have the option to join various poker tables, which may vary in skill level and betting size. Users must comply with the specific rules and guidelines set forth for each table.
  • Game Types: Nefster currently offers No Limit Texas Hold'em with the possibility of adding other poker game variations in the future. Users agree to adhere to the rules of the game as specified in the Poker Room section of Nefster.

Fair Play and Conduct​

  • Fair Play: Nefster is committed to ensuring a fair and equitable gaming environment. Any form of cheating, collusion, or other unfair practices is strictly prohibited and may result in suspension or termination of the user's account.
  • Responsible Gaming: Users are encouraged to engage in Social Poker responsibly. Nefster advises users to play within their limits and take breaks as needed.

Age and Eligibility​

  • Legal Age: Participation in Social Poker is restricted to users who are of legal age in their jurisdiction. It is the user's responsibility to ensure they meet the age requirement.
  • Compliance: By participating in Social Poker, users confirm that they are acting in compliance with all applicable laws and regulations pertaining to online gaming in their jurisdiction.

Amendments to Social Poker Terms​

Nefster reserves the right to modify or amend these Social Poker terms at any time. Any changes will be effective immediately upon posting to the website. Continued use of Social Poker after such changes will constitute acceptance of the new terms.

12. Account Termination​

Nefster reserves the right to terminate or suspend your account without prior notice if you violate any of the terms in this agreement, engage in any fraudulent or illegal activities, or for any other reason deemed necessary by Nefster. Upon termination, you may lose access to any content, data, or features associated with your account. Nefster is not liable for any losses or damages arising from such termination or suspension.

13. Third-Party APIs and Data​

Nefster utilizes third-party APIs to deliver some of the data and services available on the platform. While we strive to provide accurate and up-to-date information, Nefster does not guarantee the accuracy, reliability, or timeliness of data sourced from third-party providers. We are not liable for any inaccuracies, errors, or omissions in the data provided by these third-party sources.

14. Updates and Maintenance​

Occasionally, the Service may be temporarily unavailable due to scheduled or unscheduled maintenance, updates, or other reasons. Nefster will strive to provide prior notice of any scheduled unavailability but cannot guarantee such notice.

The Service may contain links to third-party websites or services that are not owned or controlled by Nefster. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. Accessing these links is at your own risk.

16. User Feedback​

We welcome feedback, comments, and suggestions for improvements to the Service ("Feedback"). You grant to Nefster a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, modify, reproduce, and distribute the Feedback for any purpose without any obligation or compensation to you.

17. Intellectual Property​

All content, logos, trademarks, and other intellectual property related to Nefster, excluding user-generated content, are the property of Nefster or its licensors. User-generated content remains the intellectual property of the individual user. However, by posting or uploading content to the platform, users grant Nefster a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Unauthorized use of any Nefster intellectual property without our express written consent is prohibited.

18. Force Majeure​

Nefster shall not be held responsible for delays or failures in performance resulting from acts beyond its control. These include but are not limited to acts of God, natural disasters, wars, strikes, labor disputes, government demands, or any other events beyond the reasonable control of Nefster.

19. Waiver & Severability​

Failure by Nefster to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. Entire Agreement​

These Terms, along with any policies or operating rules posted by us on the Service or in respect to the Service, constitute the entire agreement and understanding between you and Nefster. This agreement supersedes and replaces any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Nefster.

21. Governing Law​

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

22. Dispute Resolution​

Any disputes arising out of or related to these Terms or the Service will be resolved through confidential binding arbitration in San Diego, California, in accordance with the American Arbitration Association's standard procedures. By using the Service, you agree to waive your right to a trial by jury.

23. Changes to the Terms​

Nefster reserves the right to modify these Terms at any time. If we make changes to these Terms, we will notify you by updating the date at the top of these Terms and/or by other means.

24. Contact​

For any questions about these Terms, please contact Nefster at support@nefster.com.

25. NEF Token Disclaimer​

The NEF token, as the native ERC-20 token of the Nefster platform, is designed and used for the purpose of enabling participation and governance within the Nefster ecosystem. It is intended to facilitate decentralized governance and community engagement in the development and decision-making processes of the Nefster platform.

Not a Security: The NEF token is not and shall not be considered a security or any form of investment product. Holders of the NEF token are not entitled to any profits, dividends, or revenue from Nefster or any associated entity. The acquisition and holding of NEF tokens are primarily for the purpose of engaging with and contributing to the Nefster platform through decentralized governance mechanisms and not for speculative investment.

Governance Utility: NEF tokens provide their holders with the ability to participate in the governance of the Nefster platform. This includes proposing, voting on, and implementing changes to the platform, as well as participating in other governance-related activities as detailed in the governance section of these Terms and on the Nefster platform.

The use of NEF tokens for governance is subject to the rules, procedures, and protocols established by Nefster, which may be updated from time to time. NEF token holders are responsible for staying informed about and complying with these governance procedures.

Assumption of Risk: By acquiring, holding, or using NEF tokens, you acknowledge and agree that there are risks associated with digital tokens, blockchain technology, and participation in decentralized governance. These risks may include, but are not limited to, market volatility, regulatory uncertainty, and technological challenges. You assume all such risks and agree that Nefster is not liable for any direct, indirect, incidental, special, or consequential damages related to the use or possession of NEF tokens.

Regulatory Compliance: Nefster is committed to complying with all applicable laws and regulations governing digital tokens and decentralized platforms. However, the legal and regulatory environment surrounding blockchain technologies and digital tokens is evolving, and changes in laws or regulations may impact the use, transfer, and value of NEF tokens.

Nefster reserves the right to make changes to the NEF token's intended use and governance mechanisms to remain compliant with applicable laws and regulations and to ensure the continued functionality and integrity of the Nefster platform.

By using the Nefster platform and holding NEF tokens, you represent and warrant that you have read, understood, and agree to be bound by these Terms, including this NEF Token Disclaimer, and that you are in compliance with all applicable laws and regulations.