FCFPOKER.COM TERMS OF SERVICE
YOUR USE OF THIS GAMBLING SERVICE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS OF SERVICE WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE SERVICE IMMEDIATELY. PLEASE READ THESE TERMS OF SERVICE (the “Terms of Service”) CAREFULLY BEFORE USING THIS SERVICE.
FCF Inc. (the ” Company” or “We”) is the operator of the website domain www.fcfpoker.com (the “Website”). The Company is licensed and regulated for the purposes of operating and offering real-money Internet-based interactive poker services (hereinafter referred to as the “Gambling Services” or “Services”). When You (hereinafter referred to as the “End User” or “User” or “You”) use the Website or Services, these Terms of Service (hereinafter referred to as the “Terms of Service” or “Agreement”) shall apply to such use.
1.2 The Company operates the Website and offers the Services under an Interactive Gaming License.
1.3 The software offered by the Company, which may be made available in downloadable form (the “Software”), allows You to use the Gambling Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion with immediate effect and without notice. To the greatest extent permitted by applicable law, Your use of the Gaming Service constitutes the waiver of any loss or claim against the Company resulting from any changes made to the Software or Services.
1.4 You may only have one account with each specific brand operated by the Company for which You will register using Your own legal name. You shall access the Software and use the Services only via Your account, and You may never access the Software or use the Services by means of another person’s account. Should You attempt to open more than one account, under Your own name or under any other name, or should You attempt to use the Services by means of any other person’s account, We may suspend the use of Your account pending investigation, which may result in the closure of Your account, any other accounts opened in connection with other specific brands of the Company, and the preclusion from Your future use of the Services.
2. Acceptance of Terms and Conditions
2.1 IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY STOP ACCESSING THIS WEBSITE. BY REGISTERING WITH US, USING THE SERVICES, USING THE SOFTWARE, OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.
2.2 We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement (including any of the Additional Rules) from time to time and We will notify You of any such amendment, modification, or change by publishing the new version of this Agreement (including any of the Additional Rules) on the relevant page of the Website. Unless otherwise stated, any modified version of this Agreement will take effect upon its publication on the Website and Your continued use of the Services or the Software after any modification will be deemed to constitute Your acceptance of the changes to this Agreement. It remains Your responsibility to ensure that You are aware of the correct, current terms and conditions of this Agreement and We advise You to check for updates on a regular basis.
3. Permitted Participation
3.1 No one under the age of 18 (individuals 18 or older referred to herein as “Legally of Age”) may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement. Use of the Services by someone not Legally of Age, and anyone who facilitates the use of the Services by someone not Legally of Age has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate a person’s account and exclude a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a user in such account shall be returned within 60 business days of cancellation. The company reserves its discretion with respect to refund of any Bonuses or winning funds provided to or gained by the user.
4. Information Technology/Intellectual Property
4.1 The Company hereby grants You the non-exclusive, non-transferable, non-sublicensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, exclusively in connection with the use of the Services in accordance with this Agreement. You may install the Software on a hard disk or other storage device and may make backup copies of the Software, provided that such backup copies are used only by You exclusively in connection with the use of the Services through a computer and/or mobile device of which You are the principal user. The Software’s code, structure, and organization are protected by intellectual property rights. Without limiting the generality of the foregoing, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; ?(b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; ?(c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) collect, compile, aggregate, display, market, sell or otherwise distribute data or statistics obtained from the Services or Software; (f) use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Services or Software or collect data from the Services or Software, including without limitation, modifications and collections that violate the terms of this Agreement or the Terms of Service; or (g) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement (together the “Prohibited Activities”).
End-User will be solely liable for any damages, costs, or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in connection with the commission of any Prohibited Activities.
4.2 The brand names relating to the Website and Services including, but not limited to, “French Connection Finance”, “FCF”, “FCFPOKER”, “www.fcfpoker.com”, “fcfpoker.com”, any derivatives thereof, and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company, its affiliated entities, or its licensors with respect to the Services regardless of the platform (hereinafter referred to as the ” Trademarks”) and the Company, its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. End-User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
4.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Website or in connection with the Services (the “Site Content”). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Website or used in connection with the Services, except as expressly permitted herein.
4.4 You hereby acknowledge that by using the Services or the Software You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
4.5 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other rights of any person or entity, or impersonates any other person.
5. Your Representations and Undertakings
In consideration of the rights granted to You to use the Services and the Software, You represent, warrant, covenant, and agree that:
5.1 As the End User, You are Legal of Age, as defined in this Agreement, of sound mind, and capable of taking responsibility for Your own actions.
5.2 As the End User, Your account with the Company is solely for Your benefit. You shall not allow anyone (including a relative) to use Your account, password, or identity to access or use the Services or the Software and You shall be fully responsible for any activities undertaken on Your account by a third party. You will not reveal Your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if You suspect that Your account is being used by a third party and/or any third party has access to Your account username or password, and You will cooperate in any investigation of such matter.
5.3 As the End User, You are responsible for the security of Your username and password on Your own computer and any device on which the Software is or may be accessible including an internet access location. If this username password combination is “hacked” from Your computer and/or mobile device, due to any virus or malware that may be present on the computer and/or mobile device that You access Your account with, this is Your responsibility. End-User is responsible for reporting any possible hacking attempts or security breaches from Your computer terminal immediately to the Company.
5.5 As the End User, You are fully aware that there is a risk of losing money when gambling by means of the Services and You are fully responsible for any such loss. You agree that Your use of the Services is at Your sole option, discretion, and risk. In relation to any loss or claim arising out of or in any way related to the Services, You shall have no claims whatsoever against, and You fully release the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing subject to any applicable law.
5.7 As the End User, You agree to use the Website, Services, and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
5.8 You acknowledge that the Software includes features provided by third parties which may be installed on your device as part of the Software and which may be automatically updated from time to time. Amongst others, such features may access your hand history which is stored on your own device, for the purpose of providing You with certain promotions and notifications. You may elect not to enable recording of your hand history or to uninstall the feature.
5.9 As the End User, You are solely responsible for any telecommunication network and Internet access services and costs, other consents, and permissions required in connection with Your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to Your system made by You, the Company may not guarantee that the Software shall recall Your exact status prior to the disconnection event.
5.10 As the End User, You shall use the Services and the Software only in good faith towards both the Company and the other players using the Services. In the event that the Company deems You have been using the Services or the Software in violation of this Agreement, in violation of any applicable law, and/or to cause direct or indirect harm or injury to the Company or any user of the Services, the Company shall have the right, to terminate Your account with the Services and any other accounts You may hold with the Company and the Company shall be entitled to retain all monies therein. Subject to any applicable law, You hereby expressly waive any future claims against the Company in such regard.
5.11 As the End User, You acknowledge that certain games and tournaments, which are included in the Services, are offered or may be offered upon Company’s sole discretion to You on a “shared basis” which enables the Company to bring together users of the Services with other people who are not users of the Services herein. In such cases, You accept that You may play with or against other people, who may have different configurations to your own, this includes but is not limited to different bet limits. You agree that, at the Company’s sole discretion, You may be pooled into these shared games and tournaments and that, to the extent that You breach this Agreement, the Company shall have the right to suspend You from playing in any games and tournaments.
5.12 As the End User, You acknowledge and agree that should You choose to self-exclude, as provided for by regulation, from the Services operated by the Company or its affiliates, You shall not be permitted to open or use a new account with any other website operated by the Company or use the Services during Your selected self-exclusion period until such self-exclusion has been lifted and the original account reopened. In the event You are in breach of the foregoing, the Company will suspend any new account You open with another website operated by the Company, refund any funds You may deposit (or have previously deposited) therein, and shall not be liable to refund You any funds You may have wagered or won through such account.
5.13 You acknowledge that in relation to peer-to-peer gaming, You may be at a disadvantage in relation to other players as a result of technical issues, such as slower network speeds or slower end-user device performance.
6. Prohibited Uses of the Sites and Services
6.1 Circumvention: We have developed and employed proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access, or attempt to break into or access or otherwise circumvent the Company’s security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate Your access to the Services immediately and/or have Your account terminated or suspended, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all Your accounts, and You being barred from future use of the Services. The Company reserves the right to inform Interested Third Parties of Your breach. If Your account is terminated or suspended in such circumstances, the Company is under no obligation to refund You any of the funds that may be in Your account, with such funds being forfeited. In addition to terminating Your access to the Services and/or suspending Your account, the Company reserves the right to prevent You from accessing any of the Company’s other websites or servers or accessing any other properties or services offered by the Company.
6.2 Software Aids: The use of any automated tool which in the Company’s opinion is designed among other things to provide assistance in betting decisions, to exchange the opponents’ hand histories, to enable You to find a seat at a poker table, to automatically seat You at a poker table or which is used in any way in connection with Your use of the Services is strictly prohibited. Therefore, the use of any software, program, tool or robot which in the Company’s opinion is endowed with artificial intelligence or any external devices, programs, or applications (hereinafter referred to as ” Software Aid”) in connection with Your use of the Services is strictly prohibited. We constantly review the use of the Services in order to detect the use of any Software Aid and in the event that We deem it has been used, Company reserves the right to take any action We deem fit, including immediately suspending access to the Services to the offending user and terminating such user’s account. If Your account is terminated or suspended in such circumstances, the Company is under no obligation to refund You any of the funds that may be in Your account, with such funds being forfeited. In addition to terminating Your access to the Services and/or suspending Your account, the Company reserves the right to prevent You from accessing any of the Company’s other websites or servers or accessing any other properties or services offered by the Company.
6.3 Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Website. We have developed and employed elaborate methods which enable the Company to seek out and accurately identify users who carry out an intentional disconnection during a game. If in the Company’s sole discretion, You are in breach of this clause, the Company may terminate Your access to the Services immediately and/or have Your account suspended. The Company shall be under no obligation to refund You any monies that may be in Your account, with such funds being forfeited. In addition to terminating Your access to the Services and/or suspending Your account, the Company reserves the right to prevent You from accessing any of the Company’s other websites or servers or accessing any other properties or services offered by the Company.
6.4 If We have reason to suspect that an account or group of accounts are operating systematically in order to gain an advantage over another player or to commit an act in bad faith in relation to other players or the Company – for example employing specific wagering techniques to disadvantage other players or wagering as a group the Company shall have the right to suspend or terminate all accounts and in such circumstances and the Company shall be under no obligation to refund You any funds that may be in Your account, with such funds being forfeited.
6.5 The Company will not provide any information to You with regards to investigations or any subsequent outcome which it conducts into Your use of the Services.
7. Your Account
7.1 Your account is for Your sole personal use only and shall not be used for any professional, business, or commercial purpose.
7.2 Company shall not be responsible for any third-party access to Your account. Under no circumstances shall the Company be liable for any losses incurred by You as a result of misuse of Your password by any person or for any unauthorized access to Your account. All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You.
7.3 Monies held in Your account shall not gain any monetary interest.
7.4 If You do not access Your Account by ‘logging on’ to Your Account using Your Account name and password for any consecutive period of twelve months Your account will be considered a “dormant account”. The user will be notified periodically via email of their inactivity and remaining funds. Once an account falls into the “dormant account” status, a user can no longer log in with their account name and password. The user must contact support and ask for the account restriction to be removed. The twelve-month period will run from the date of Your last login to Your account.
7.5 We reserve the right to limit or refuse any bet, stake, or other wager made by You or through Your account.
7.6 You may not sell or attempt to sell or otherwise transfer any chips, bonuses, or any other related items to any other individual or entity. If Company finds evidence of such a sale or attempts sale, Company may terminate Your account. If Your account is terminated or suspended in such circumstances, the Company is under no obligation to refund You all the funds that may be in Your account. Any initial money deposit provided by the User in such account shall be returned within 60 business days of cancellation, which shall occur after an investigation process completed by the Company, subject to any applicable law.
7.7 Where the Software uses a third-party application interface, not all the information relating to your past gambling activities will be displayed online.
8. Payment Transactions and Payment Fraud
8.1 End User of the Service is fully responsible for paying all monies owed to the Company. You agree that You will not make or attempt to make any charge-backs, and/or deny or reverse any payment that You have made and You will reimburse the Company for any charge-backs, denial, or reversal of payments You make and any loss suffered by the Company as a consequence thereof.
8.2 All payments into Your account must be from a single payment source, a crypto wallet to which you hold the private keys.
9.1 All promotions, bonuses, or special offers are subject to the Company’s Bonus Policy and promotion-specific terms and conditions if applicable, and any bonus credited to Your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus, or special offer at any time.
9.2 In the event that the Company believes a user of the Service is abusing or attempting to abuse a bonus or other promotion or is likely to benefit through abuse or lack of good faith from a gambling policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to the Services and/or suspend that user’s account.
9.3 The opening of multiple accounts on the Website or on any other sites owned and/or operated by the Company in bad faith shall be considered abusive behavior.
9.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website or on any other sites owned and/or operated by the Company, the Company shall have the right to suspend or terminate Your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in Your accounts according to applicable regulation.
9.5 An End User’s account is made up of both Available Funds (those that can be used in any applicable game or withdrawn subject to the Withdrawal Policy) and Restricted Funds (the total of bonus funds that have not yet met the wagering requirement and any winnings associated with such bonus funds). If You have both Available Funds and Restricted Funds in your account, the next wager You make will use Restricted Funds first. Available Funds will only be used once your Restricted Funds balance is zero.
10. Obligations of the Company
10.1 The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules, as updated from time to time.
10.2 Company may investigate or pursue complaints made by a player against any other player using the Services and may take any action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement but is under no obligation to do so.
10.3 The Company has no obligation to maintain account names or passwords. If You misplace, forget or lose Your account name or password because of anything other than the Company’s error, the Company shall not be liable. The System allows You the ability to reset Your password on the Website; however, obtaining Your account name requires You to contact customer service.
11. Dispute Resolution
11.1 Dispute Resolution Mechanism Between Players
11.1.1 In case of any dispute raised between users and related directly to the Services, the Company shall make reasonable efforts to assist the users in reaching a solution; such discussions shall not be public and shall be conducted privately. The users shall promptly attempt to resolve through good faith discussions any dispute or disagreement between them relating to their use of the Services, each of the users may escalate the dispute or disagreement, first to the customer support team; if the customer support team fails to reach an understanding within 7 days of the matter being referred to the customer support team, the matter may be escalated to a customer support manager.
11.1.2. In relation to any disputes between users, You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by Your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that the Company records shall be the final authority in determining the terms of Your use of the Services and the Company is not required to consider any dispute You may have with regard to the Company’s decisions in such matters. This provision does not prejudice any rights or remedies You may have at law or in equity.
11.1.3. Claims or disputes should be submitted within seven days after the date of the original transaction and all claims or disputes should be raised with the customer service department at [email protected]
The proceedings contemplated by this section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content, or results of any proceeding conducted in accordance with this section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an award, and shall not bar disclosures required by law.
11.2 Disputes With The Company
11.2.1 In relation to any and all disputes between users and the Company, You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company’s decisions in regard to such matters.
11.3 All Disputes
11.3.1 Claims or disputes should be submitted within seven days after the date of the original transaction or giving rise to the dispute and all claims or disputes should be raised with the customer service department at [email protected]
12. NO WARRANTY
12.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
12.2 THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
12.3 IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY RESERVES THE RIGHT TO VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
12.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
13. Limitations of Liability
End-User acknowledges and agrees that:
13.1 You are free to choose whether to use the Services and do so at Your sole option, discretion and risk.
13.2 Neither the Company, its affiliated companies or any third party service provider (the “Affiliates”) or its third-party licensors shall be liable to You or any third party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use or any third party’s use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).
13.3 Neither the Company nor its Affiliates or its third-party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of any link contained on the Website or otherwise via the Services. The Company, its Affiliates, and its third-party licensors are not responsible for the content contained on any Internet site linked to or from the Website or otherwise via the Services.
13.4 The Company, its Affiliates, and its third-party licensors shall not be liable to You or any third party for any modification to, suspension of, or discontinuance of the Software or the Services.
13.5 In the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Website, Services, or their respective content, or any error or omission in the content or any other factors beyond our control: (a) the Company, its Affiliates, and its third-party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to Your account in error to the Company (as directed by the Company) or the Company may, in its discretion, deduct an amount equal to those winnings from Your account or set off such amount against any money owed to You by the Company. If the Company is able to determine the Software or Services fails to operate correctly as a result of factors within the Company’s control, the Company shall determine how to handle player compensation.
13.6 Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company’s negligence.
14. Breach of Terms and Conditions
14.1 As the End User, You agree to fully indemnify, defend and hold the Company, Affiliates, third-party service providers and licensors and their respective companies, and their respective officers, directors, and employees harmless immediately on demand 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:
(a) any breach of this Agreement by You;
(b) any violation by You of any law or the rights of any third party;
(c) any use by You of the Services or Software or use by any other person accessing the Services or Software using Your user identification, whether or not with Your authorization; or
(d) any acceptance of any winnings.
14.2 In addition to any other remedy available to the Company, as the End User, if You breach any of the terms and conditions of this Agreement and any Additional Terms or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement and any Additional Terms Your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in Your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure, and/or legal action being taken against You.
15. Duration and Termination
15.1 This Agreement shall be in full force and effect immediately upon Your completion of the registration process and valid use of the Website/Software with the Company and shall continue in full force and effect unless and until terminated in accordance with its terms.
15.2 We may terminate this Agreement and Your account (including Your username and password) immediately without notice:
(a) in the event, for any reason the Company decides to discontinue to provide the Services in general or specifically to You;
(b) in the event Company believes that You have breached any of the terms of this Agreement;
(c) in the event Your use of the Services has been in any way improper or breaches the spirit of this Agreement;
(d) in the event, Your account is associated in any way with any existing account that has been terminated. If Your account is associated with or related to, existing suspended accounts, We may terminate Your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
(e) for any other reason Company may determine.
Unless otherwise provided herein, or as required by law or regulation, on termination of this Agreement any balance in Your account will be returned to You within a reasonable time of Your request, subject to the Company’s right to deduct any amounts owed by You to Company.
15.3 As the End User, You may terminate this Agreement and Your account (including Your username and password) at any time by sending an email to us at [email protected], such termination is to take effect upon the Company terminating Your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of Your email, provided that You shall remain responsible for any activity on Your account between sending us an email and the termination of Your account by the Company.
15.4 On termination of this Agreement You shall:
(a) discontinue the use of the Website/Software and the Services;
(b) pay all amounts due and owing to the Company; and
15.5 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
15.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
In the event of our termination of this Agreement on account of Your breach of this Agreement (including the Additional Rules), the Company is under no obligation to refund You all the funds that may be in Your account, with such funds being forfeited. In addition to terminating Your access to the Services and/or suspending Your account, the Company reserves the right to prevent You from accessing any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company and You shall have no claims against the Company in such regard.
15.7 If You have chosen to close Your account – for example, if You have self-excluded Yourself from any of our Services, it is Your obligation to abide by this restriction for the duration of the set period. If You open new accounts, while under a period of self-exclusion or cooling off, from any of the brands operated under the Company’s umbrella, Company shall close all accounts as soon as detected. The company is not obligated to refund to You any funds You may have wagered or won through such accounts.
15.8 Responsible gaming exclusions apply to all Company owned, managed, or operated properties or gambling sites. While Company will take reasonable steps to deny access, it is not obligating itself to prevent access. It is Your obligation to refrain from opening new accounts in any of the brands operated by the Company. If You do open any new accounts, we will close all accounts as soon as detected. Company shall not be obligated to refund You any funds You may have wagered or won through such account.
16.1 If any part of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
16.2 No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
16.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
16.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and us.
16.6 The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
16.7 As the End User, You agree to not transfer, assign, sublicense or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
16.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of Your account.
Notwithstanding anything contained herein, the Services are provided in accordance with applicable law and regulations.
18. Chat Feature
As part of Your use of the Services, the Company may provide You with a chat facility feature which You will be able to communicate with other users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:
18.1 End User shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred, or profanity.
18.2 End User shall not make statements that are abusive, defamatory, harassing, or insulting to other users of the Service.
18.3 End User shall not make statements that advertise, promote, or otherwise relate to any other online entities.
18.4 End User shall not make statements about the Company and/or its service providers or the Website or any other Internet site connected to the Company and/or its service providers that are untrue and/or malicious and/or damaging to the Company and/or its service providers, the Website, or any other Internet site affiliated with the Company and/or its service providers.
18.5 End User shall not make upload, post, email, transmit or otherwise make available through the Service or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other rights of any person or entity, or impersonates any other person.
18.6 Company is fully aware that English may not be the first language of some of our players. However, at this current time, our policy upholds that this is the only language permitted in our chat application.
18.7 In the event of Your breaching any of the above provisions relating to the chat facility, the Company shall have the right to remove Your chat privilege or even temporarily or permanently terminate Your account. Upon such termination, the Company shall refund You any funds which may be in Your account over and above any amount which You may be owing to the Company at such time (if any).
PLEASE NOTE: When using the chat facility any personally identifiable information that You submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the chat facility.
19. Customer Service Department and Special Promotions
19.1 For service quality assurance calls made by You to the customer service department may be recorded.
19.2 You hereby expressly consent to the Company using the contact details provided by You on registration to occasionally contact You directly in relation to Your use of the Services or any other products or services offered by the Company, its partners, or affiliates from time to time.
19.3 The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company’s or its service provider’s employees. In the event that the Company, in its sole discretion, deems that Your behavior, via telephone, live chat, email, or otherwise, has been abusive or derogatory towards any of the Company’s or its service provider’s employees, the Company shall have the right to suspend or terminate Your account with the Company.
19.4 The Company may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS text message, and (iv) additional windows opening from within the Software.
19.5 Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect Your wishes in such regard.
21. Minimum Hardware Requirements
In order to enjoy the Services, You are required to install a downloadable application in relation to the poker offering on your computer or use the online version of the Services.
The minimum recommended specifications are:
22.1 For PC:
OS – Windows 7 or higher
- CPU – 1 GHz or faster 32-bit (x86) or 64-bit (x64) processor
- RAM – 1 GHz (GB) (32-bit) or 2 GB (64-bit)
- HD – 250Mb available22.2 For Mac, once shall be applicable upon Company’s sole discretion:
- OS version: Mac OS X 10.6.8
- CPU: 2.4 GHz Intel Core 2 Duo
- Memory: 4GB DDR2 667 MHz
HD – 250Mb available
Supported Browser Requirements:
IE10 and above
Chrome 31.x, 41.x, and above
FireFox 36.x and above
Safari 9 and above
22.2 You will need to have the Adobe Flash Player (10.1.16 and above) installed. Should the Adobe Flash Player version installed be incompatible with the requirement above, end-users will be prompted to download and install the required version.
Please note that We may discontinue support for outdated versions of the abovementioned hardware or software at our sole discretion.
23. Language Discrepancies
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
24. Player Disconnection
The player disconnection provisions applicable to Poker games are described in the House Rules.
25. Provisions Relating to Specific Games
You hereby acknowledge that all bets placed by You in relation to multi-player poker games are bets placed with other users and not bets placed with or against the Company. The Company does not assume any risk whatsoever for bets placed between You and any other user of the Service. The Company does not under any circumstances either place or accept bets itself.
You may not occupy more than one position at a poker table at any given time, though You may occupy one position at several tables at any given time.
You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.
We provide multi-player poker games so as to provide a platform for users to play poker and bet with each other using the Software. In consideration of this service We charge either:
(a) a commission (known as a rake) which is calculated in accordance with the House Rules;
(b) a percentage of the “buy-in” fee for tournaments.
Collusion: Collusion occurs when two or more players attempt to gain an unfair advantage which includes but is not limited to sharing knowledge of their cards or other information and unless stated otherwise by the Company, by agreeing to split a prize pool. In cases of suspected collusion, the Company shall be entitled to freeze the implicated players’ accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who colludes or attempts to collude with any other player while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company, their account may be terminated immediately and the Company shall be entitled to retain all monies that are reasonably determined to have been obtained as a result of collusion as determined by the dispute resolution statute. We have developed and employed sophisticated proprietary technology intended to seek out and identify players acting in collusion. If the Company is informed during a play about suspected collusive behavior, it may, in its sole discretion, terminate suspected players’ access to the Service and/or suspend their accounts. No player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating, or any other form of fraud.
If You suspect that any player is colluding with another or cheating, You can contact us via email at [email protected]
Chip-Dumping: Chip-dumping occurs when any player deliberately loses a hand in order to transfer his chips to another player. In cases of suspected chip-dumping, the Company shall be entitled to freeze the implicated players’ accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Services or the Software or any other related services of the Company and such player’s account may be terminated immediately.
If Your account is associated with poker fraud in any way – for example through Chip Dumping or Collusion, We will be entitled to freeze Your account pending investigation, the outcome of which may result in the closure of all Your accounts, You being barred from future use of the Services, and the forfeiture of funds reasonably determined to have been obtained as a result of such fraud.