Legal | Terms of Service
WSOP.COM TERMS OF SERVICE
These Terms of Service were last updated October 28th, 2024. You may
always view the most recent version of these Terms of Service here.
YOUR USE OF THE GAMBLING SERVICES 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 THE GAMBLING SERVICES.
Caesars Interactive Entertainment New Jersey, LLC, a New Jersey limited
liability company, with offices at 2100 Pacific Avenue, Atlantic City, NJ
08401 (the "Company", "We", "Our"
or "Us") is the operator of the website domain
www.lnmandiya.com
and its related application (the "Website"). The Company is
licensed and regulated by the New Jersey Casino Control Commission
(“CCC”) and the New Jersey Division of Gaming Enforcement
(“ NJDGE or "Regulator") for the purposes
of operating and offering real-money Internet-based and mobile
application-based interactive gaming services (the “Gambling
Services” or “Services”).
When you (the “End User”, or “You” or
"Your") use the Website, or Services, these Terms of
Service (hereinafter referred to as the “Terms of Service”
or "Agreement") shall apply to such use.
In addition to this Agreement, the Privacy Policy, which can be found at
https://www.lnmandiya.com/legal/privacy-policy-nj/ (the “Privacy Policy”)
applies to Your use of the Website and the Services, and You should review
it prior to any use of the Website or the Services .
Your use of the Gambling Services is strictly subject to all additional
rules which shall apply to the type of Gambling Services which You are
using, including, but not limited to, the
"Bonus Policy",
the
"Withdrawal
Policy", the "Patron Protection Page", the “Location Verification Terms & Conditions” and the "House Rules"
(together the "Additional Rules") in each case as We may
update from time to time. The Privacy Policy and Additional Rules are
incorporated by reference into this Agreement and shall constitute an
integral part of the Agreement and shall for the avoidance of doubt be
incorporated in the definition of "Agreement".
1. Introduction
• 1.1 By registering with the Company via the
Website and/or by using the Company's Gambling Services via the Website
and/or by marking the "I’m over 21 years of age accept these Terms and
Conditions" box (or any other similar wording), You acknowledge that You
have read Agreement, which includes for the avoidance of doubt the Privacy
Policy and the Additional Rules and agree to be bound by this Agreement,
which includes for the avoidance of doubt the Privacy Policy and the
Additional Rules in their entirety and without reservation. As such, this
Agreement constitutes a binding legal agreement between You and the Company
and, this Agreement shall govern Your use of the Website and the Gambling
Services at all times.
• 1.2 The Company operates the Website and
offers the Services under an Internet Gaming Permit issued by the NJDGE.
All Gambling Services transactions between You and the Company must take
place in New Jersey.
• 1.3 The software offered by the Company’s
licensor, which may be made available in either downloadable or
non-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 or
Software in its sole discretion, subject to any statute, regulations or
direction from the NJDGE with immediate effect and without notice.
The Company shall not be liable for any loss suffered by You resulting
from any changes made and You shall have no claims against the Company
in such regard.
• 1.4 In respect of Your use of the Services,
You may only have one account with each specific brand operated by the
Company for which You will register using Your own legal name. Should You
attempt to open more than one account, under Your own name or under any
other name, , We will be entitled to suspend Your account pending
investigation, and/or notify the Regulator of the suspected activity, which
may result in the closure of all Your accounts, and You being barred from
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 USING THE SOFTWARE
AND REMOVE THE SOFTWARE FROM YOUR COMPUTER AND/OR ANY OTHER APPLICABLE
DEVICE. BY REGISTERING WITH US, USING THE SOFTWARE OR LOGGING ON TO 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) and the Privacy Policy from time to
time and You may be required to accept such changes to this Agreement and
the Privacy Policy in order to continue using the Services.
• 2.3 PLEASE NOTE: We take Our responsibilities
in relation to Your privacy very seriously and therefore changes to the
Privacy Policy are strictly subject to the modification provisions found
therein.
• 2.4 Other than in relation to the Privacy
Policy and Bonus Policy, please note that the Terms of Service shall prevail
in the event of any conflict between the Terms of Service and any of the
Additional Rules or other documents referred to in this Agreement. For
the avoidance of doubt, the Privacy Policy and Bonus Policy shall prevail
in the event of any conflict with this Agreement.
• 2.5 Your attention is drawn to the Privacy
Policy at http://www.lnmandiya.com/legal/privacy-policy.asp which describes how
We deal with and protect Your personal information. By accepting these
Terms of Service, You are also acknowledging and accepting the Privacy
Policy .
3. Compliance with Laws and Location Verification
• 3.1 Use of the Services is restricted to users
who are playing from within the State of New Jersey. You represent, warrant
and agree to ensure that Your use of the Software and the Services will
complyat all times with all applicable laws, statutes and
regulations.
• 3.2 You acknowledge that You will be
physically within the State of New Jersey during any time of play. You shall
access the Software and use the Services only via Your own account, You may
never access the Software or use the Services by means of another person's
account.
• 3.3 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.
• 3.4 Any form of proxy wagering is prohibited.
You shall not engage in, permit, assist or encourage any form of proxy
wagering whether through Your account or otherwise. Proxy betting includes
without limitation, using third party software to access or play on the
Website, placing wagers when not located in the State of New Jersey,
permitting a third party to access, log in or use Your account, using Your
account to place a wager for or on the behalf of a third party and
depositing or withdrawing funds from Your account for or on behalf of a
third party or in conjunction with a third party.
• 3.5 In the event that You are in breach of
Sections 3.2, 3.3 or 3.4, or We suspect that You are in breach of
Sections 3.2, 3.3 or 3.4, We reserve the right to suspend Your account
void any wagers which relate to proxy wagering and void any related any
related winnings.
• 3.6 You represent, warrant and agree to ensure
that Your use of the Software and the Services will complyat all
times with all applicable laws, statutes and regulations.
• 3.7 You will comply with Our requirements in
connection with verifying Your physical location at time of play.
· 3.8 We may verify the location of the device
on which You are accessing the Services (the “Device Location
Service”). The Device Location Service relies on WiFi or GPS
signals to determine the geographic location of the device on which You are
accessing the Gambling Services. Your device must have WiFi or GPS
capability. You will not be able to play for real money on the Gambling
Services from a device that does not have WiFi or GPS capability, or on
which the WiFi or GPS (as applicable) has been disabled.
Additional terms associated with location verification can be found here:
https://www.lnmandiya.com/legal/mobile-terms-conditions-nj/.
• 3.9 The Company shall not be responsible for
any illegal or unauthorized use of the Software and/or the Services by You.
Please consult an attorney if You have any doubts about the legality of Your
use of the Software and the Services under the laws of any jurisdiction that
applies to You. By accepting these terms, You agree to assist the Company,
to the extent You are able, with its compliance with applicable laws and
regulations.
• 3.10
Under no circumstances will We nor any
entity within the same corporate group of the Company ("WSOP
Affiliates") or any third party service providers ("Service Providers") and
their respective affiliates be responsible or liable in any respect for any
losses You may incur as a result of Your location not being able to be
properly verified for any reason. By using the Gambling Services, You
understand and agree that such responsibility or liability is borne
exclusively by You.
4. Permitted Participation
• 4.1 No one under the age of 21 (individuals 21
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 and the laws of the State
of New Jersey. It is a criminal offense to allow a person who is not
Legally of Age to participate in Internet wagering. Anyone who
facilitates someone not Legally of Age to use the Services 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 Your account and exclude You from using the Software and the
Services if proof of age is not provided or if the Company suspects that
You are not Legally of Age. Any initial deposits made by You in such
account shall be returned within 60 business days of termination of Your
Account, subject to NJDGE approval. The Company reserves its discretion with
respect to refund of any Bonuses or winning funds provided to or gained by
You
• 4.2 You hereby explicitly consent that We may
verify Your registration details, such as Your name, physical address where
You reside, Your date of birth, Your drivers license, social security
number, Your passport identification and/or other governmental issued
identification documents to confirm Your identity and that You are Legally
of Age. We reserve the right to verify that You have not been previously
self-excluded with the NJDGE or from any of the Company or the WSOP
Affiliates operations. By requesting certain documents, We reserve the
right to verify Your information, including Your e-mail address and payment
methods used, at any time. Requested documents shall include, but are not
limited to, (a) an identity card such as a valid passport or driver’s
license, (b) proof of address such as a utility bill, and (c) proof of
payment method, which can be uploaded through the Services Cashier. In
the Company’s sole discretion, We may request notarized document copies,
meaning the documents must be stamped and attested to by a Notary Public.
In the event Our request for documents is not completed by You to the
Company’s satisfaction, the Company will restrict Your account and withhold
any funds that are present therein. Any initial deposits made by You in
such account shall be returned within 60 business days of termination of
Your Account, subject to NJDGE approval. The Company reserves its
discretion with respect to refund of any Bonuses or winning funds provided
to or gained by You. Company reserves its discretion with respect to the
refund of any bonuses and winnings provided to or gained by You. Should the
documents fail Our internal security check (for example, if We suspect that
the documents have been tampered with, or are in any way provided to
mislead or misrepresent), Company shall be under no obligation to accept
such documents as valid, and shall be under no obligation to provide
feedback on the exact nature of Our findings with regards to the documents.
• 4.3 You hereby explicitly consent to the
Company performing background checks on You and request any relevant
documentation for any reason, including, but not limited to, any
investigation into the identity of the End User any credit checks performed
on the End User, or any inquiries into the End User's personal history. The
basis for such investigations will be dependent on the specific case, but
could include, but is not limited to, verification of the End User’s
registration details, such as the name, address and age, verification of
the End User’s financial transactions, financial standing and/or gaming
activity. The Company shall be under no obligation to advise the End User
of such an investigation taking place. Such activities may include the use
of specific third-party companies who perform the investigations as
required. The Company may decide, in its sole discretion, to terminate the
End User’s account, and withhold all funds, on the basis that such an
investigation provides a negative or uncertain conclusion.
• 4.4 “Key employees” and other Company
employees prohibited from wagering in any casino or simulcasting facility in
New Jersey are prohibited from using the Services and creating an account
with the Company.
• 4.5 All employees, consultants, directors,
officers, agents of Company and the WSOP Affiliates shall comply with the
Human Resources policies of the Company prior to any use of Services.
• 4.6 You have the right to set responsible
gaming limits and to self-exclude from the Services as detailed in the
Patron Protection Page
.
5. Information Technology/Intellectual Property
• 5.1 The Company hereby grants You the
non-exclusive, non-transferable, non-sub-licensable 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, in connection with the Services in accordance with this Agreement.
You may install the Software on a hard disk or other storage device and may
make back-up copies of the Software, provided that such back-up copies are
used only by You in connection with the Services through a computer 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 derivate 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; or (f) use the Software in a manner
prohibited by applicable laws, regulations and/or this Agreement (together
the "Prohibited Activities").
The 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 You
shall provide the Company with reasonable assistance with any
investigations it may conduct in light of the information provided by
You in this respect.
• 5.2 The brand names relating to the Website
and Services including, but not limited to, “WORLD SERIES OF POKER”, “WSOP”,
“www.lnmandiya.com”, “WSOP.com” and any other trademarks, service marks, trade
names, domain names and logos used by the Company are owned by the Company,
the WSOP Affiliates, or its or their licensors with respect to the Services
regardless of the platform (hereinafter referred to as the "Trademarks")
and the Company, the WSOP Affiliates and licensors (as applicable) reserve
all rights to such Trademarks. The End User shall not use the Trademarks,
or any confusingly similar marks except as expressly permitted herein.
• 5.3 In addition to the rights to its
Trademarks, the Company or the WSOP Affiliates and/or its or their
licensors and/or the 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.
• 5.4 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.
• 5.5 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 right of any
person or entity, or impersonates any other person.
• 5.6 Notice and Procedure for Making Claims of
Copyright or Intellectual Property Infringement:
The Company respects the intellectual property rights of others and
requires users of the Services and the Website to do the same. The
Company may in its sole discretion immediately remove or disable any
content or suspend or terminate the account of the End User that is found to
have infringed on the rights of the Company or of a third party, or that has
otherwise violated any intellectual property laws or regulations, or any of
the terms and conditions of this Agreement. The Company will, in
appropriate circumstances, terminate the accounts of repeat infringers. If
you believe any material available on the Website infringes upon a
copyright, or otherwise violates your intellectual property rights, you
should notify the Company’s Copyright Agent by providing the following
information:
(a) identify the copyrighted work or other intellectual property that you
claim has been infringed;
(b) identify the material on the Website that may be an infringement with
enough detail so that We may locate it on the Website;
(c) a statement by you indicating a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
(d) a statement by you declaring under penalty of perjury that (i) the
above information in your notice is accurate, and (ii) that you are the
owner of the copyright interest involved or that you are authorized to act
on behalf of that owner;
(e) your address, telephone number, and email address; and
(f) your physical or electronic signature.
The Company’s designated agent for notices of claims of copyright or other
intellectual property infringement is:
Caesars Interactive Entertainment New Jersey, LLC
Attn: Copyright Agent
One Caesars Palace Drive
Las Vegas, NV 89109
(702) 407-6300 (phone)
(702) 407-6420 (fax)
[email protected]
(email)
6. Your Representations and Undertakings
In consideration of the rights granted to You to use the Services and the
Software, You represent, warrant, covenant and affirm that:
• 6.1 As the End User, You are Legally of Age,
as defined in this Agreement, of sound mind and capable of taking
responsibility for Your own actions.
• 6.2 All details provided by You to the Company
either during the registration process or at any time thereafter, including
as part of any payment deposit transaction are true, current, correct,
complete and match the full name(s) on the credit/debit card(s) or other
payment accounts including payment via the automatic clearing house (ACH) or
commonly referred to as “E-Checks” to be used to deposit or receive funds in
Your account. You shall ensure that funds deposited into an interactive
gaming account from a financial institution shall not be transferred out of
the interactive gaming account to a different financial institution and
ensure You have sufficient available funds prior to conducting any wagering
activities. The Company does not extend credit to any user for any reason
for wagering or playing or any related activities on the Website. You will
promptly notify Us of any changes to details previously provided by You to
the Company. From time to time You may be requested to provide Us with
certain documents to verify the details of any credit card used (which
includes without limitation pre-paid cards) and/or any debit card used by
You to deposit money to Your account. Depending on the outcome of these
verification checks You may or may not be permitted to deposit further
monies with the credit card (which includes without limitation pre-paid
cards) and/or any debit card used previously used by You. Should any of the
information that You provide to Us be untrue, inaccurate, misleading or
otherwise incomplete, You will be in breach of this Agreement and We reserve
the right to terminate Your account immediately and/or prevent You from
using the Software and the Services, in addition to any other action that
We may choose to take. You shall not transfer any funds to any other user.
• 6.3 . 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 so
that We may investigate such matter, and You will cooperate with Us, as We
may request, in the course of such investigation.
• 6.4 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. You should report any possible hacking
attempts or security breaches from Your computer terminal and/or mobile
device immediately to the Company. It is the End User’s responsibility to
configure Your client terminal’s auto lock feature to protect Your client
terminal from unauthorised use.
• 6.5 As the End User, You have verified and
determined that Your use of the Services does not violate any laws or
regulations of any jurisdiction. You fully understand the methods, rules
and procedures of the Services and Internet gambling in general. You
understand that it is Your responsibility to ensure the details of bets and
games are correct. You will not commit any acts or display any conduct that
damages the reputation of the Company.
• 6.6 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, You shall have no claims whatsoever against the Company or any of the
WSOP Affiliates or its or their respective directors, officers, employees,
Service Providers, agents, or any affiliates of any of the foregoing.
• 6.7 As the End User, You acknowledge that by
registering and using the Services You have to provide the Company with
certain personal details about yourself (including details regarding Your
methods of payment). The Company shall handle all information provided by
You diligently and shall not disclose such information to third parties
except as provided for in the Privacy Policy. We urge You to read the
Privacy Policy to ensure that You agree with Our policies in relation to
how Your information is handled.
• 6.8 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.
• 6.9 As the End User, You agree to use the
Website, Services and Software in complete accordance with the terms and
conditions of this Agreement, as amended from time to time, and shall abide
by all rules and instructions for playing the games that comprise the
Services.
• 6.10 You are solely responsible for all taxes
and tax reporting to any relevant governmental, taxation or other authority
on any winnings (which for the avoidance of doubt includes any winnings
which are derived from bonuses) paid to You by the Company, subject to
applicable local, state and/or federal tax regulations.
• 6.11 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.
• 6.12 As the End User, You shall use the Services
and the Software only in good faith towards both the Company and the other
users using the Services. In the event that the Company deems You have been
using the Services or the Software 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, subject to any
applicable law, 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. You hereby expressly waive any future claims
against the Company in such regard, subject to any applicable laws.
• 6.13 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. In such
cases, You accept that You may play with or against other users, 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 on any games and tournaments.
• 6.14 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 the WSOP 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 block 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.
· 6.15 You hereby grant the Company and/or the
NJDGE Your consent to monitor and record Your wagering communications and
geographic location information at all times and You shall have no claims
against the Company in such regard.
· 6.16 You acknowledge that in relation to
peer-to-peer gaming, You may be at a disadvantage in relation to other users
as a result of technical issues, such as slower network speeds or slower
End User device performance.
· 6.17 You shall not engage in any screen scraping,
web scraping or otherwise collecting or extracting (manually or via
automated processes) third party data from the Website for any purpose.
7. Prohibited Uses of the Sites and Services
• 7.1 Illegal Funds and Unlawful Activities: As the End
User, You declare that the source of funds used by You for gambling on the
Website is not illegal and that You will not use the Services in any way as
a money transfer system. You will not use the Services for any unlawful or
fraudulent activity or prohibited transaction (including money laundering)
under U.S Federal laws and/or the laws of the State of New Jersey, the
regulations of the NJDGE and/or any directives or instructions of the
NJDGE. If the Company has a suspicion that You may be engaging in or have
engaged in fraudulent, unlawful or improper activity including, without
limitation, money laundering activities, or conduct otherwise in violation
of this Agreement, Your access to the Services may be terminated
immediately and/or Your account suspended. We are under no obligation to
accept any explanation provided by You as to the receipt of fraudulent
funds. If Your account is terminated or suspended in such circumstances,
the Company is under no obligation to refund You any funds that may be in
Your account, subject to approval of the NJDGE. 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 services offered by the
Company. The Company shall be entitled to inform the Regulator, other online
service providers and banks, credit card companies, electronic payment
providers or other financial institutions (together "Interested
Third Parties") of Your identity and of any suspected unlawful,
fraudulent or improper activity. In the interests of fair play it is
prohibited to utilize any recognized betting techniques to circumvent the
standard house edge in Our games. If the game play on Your account
indicates that You are using such betting techniques We shall immediately
suspend the account and retain any funds in said account. Furthermore,
You may be placed on the NJDGE’s exclusion list. As the End User, You agree
to cooperate fully with the Company to investigate any and all such
activity.
• 7.2 Circumvention: We have developed and employ
sophisticated 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 Section,
the Company may terminate Your access to the Services immediately and/or
have Your account terminated or suspended, pending investigation, and/or
notify the Regulator 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 by You,
subject to NJDGE approval. 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.
• 7.3 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 on 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. In addition, You may not use any software
program, robot or external aid, which is endowed with artificial
intelligence (regardless of whether You are actually using the Software).
Examples of such prohibited tools, software and external aids are: (i)
tools and services that allow for any type of collusion between users, such
as showing cards, (ii) tools that assist users to select games in accordance
with user identity, (iii) tools or websites that reveal and share
information about other users against their will, such as game statistics
and overall earnings, (iv) any type of tool that performs any action on
behalf of a user at the table, (v) any tool or program that collects
information about other users at the tables in the user’s absence, (vi) any
tool or program that provides game advice in real time based on the actions
of the other user at the table; or (vii) any software program or external
aid which, in Our opinion, enables You to find a seat at a poker table or
automatically seats You at a poker table (collectively “Software Aids”)We
constantly review the use of the Services in order to detect the use of
Software Aids and automated tools 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 End User and
terminating such End 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 by You, subject to NJDGE approval. 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.
• 7.4 Intentional Disconnection: You may not intentionally
disconnect from a game while playing on the Website. If, in the Company's
sole discretion, You are in breach of this Section, the Company may
terminate Your access to the Services immediately and/or suspend Your
account. The Company shall be under no obligation to refund You any monies
that may be in Your account, with such funds being forfeited by You,
subject to NJDGE approval. 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.
• 7.5 If We have reason to suspect that an account or group
of accounts are operating systematically in order to gain an advantage over
another user or to commit an act in bad faith in relation to other users or
the Company – for example employing specific wagering techniques to
disadvantage other users or wagering as a group, the Company shall have
the right to suspend or terminate all accounts and in such circumstances,
the Company shall be under no obligation to refund You any funds that may
be in Your account, with such funds being forfeited by You, subject to
NJDGE approval.
• 7.6 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.
8. Your Account
• 8.1 Your account is for Your sole personal use
only and shall not be used for any professional, business or commercial
purpose.
• 8.2 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.
• 8.3 Monies held in Your account shall not gain
any monetary interest.
• 8.4
If You do not log on to Your account by inserting Your account name
and password for any period of twenty four consecutive months, Your
account will become a “dormant account” and any funds remaining on
deposit and any pending wagers shall be forfeited by You in
accordance with applicable law. We reserve the right to notify You
that You have not logged on to Your account prior to Your account
becoming a "dormant account".
• 8.5
The Company may, at any time, set off any positive balances in Your
account against any amount owed by You to the Company.
• 8.6 We reserve the right to limit or refuse
any bet, stake or other wager made by You or through Your account.
• 8.7 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
attempt sale, Company may terminate Your account. If Your account is
terminated in such circumstances, the Company is under no obligation to
refund You all the funds that may be in Your account, with such funds being
forfeited by You, subject to
NJDGE approval.
• 8.8 Where the Software uses a third-party
application interface, not all the information relating to Your past
gambling activities will be displayed online.
• 8.9 If You have a child who is not Legally of
Age, You must take special care to ensure that they do not access the
Services via Your devices.
· 8.10 Please note that if You have set any
limits, the timing of when such winnings are released into Your bankroll
may affect the calculation of such limits You have set. For more
information on setting Responsible Gaming limits please see the Patron
Protection Page which can be found here.
9. Payment Transactions and Payment Fraud
• 9.1 The End User 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. If You pay with credit cards which do not
belong to You or are not in Your name, the Company may, at its sole
discretion, cease to provide the Services or withhold payment to You.
• 9.2 Company reserves the right to use third
party electronic payment processors and/or financial institutions to process
payments made by and to You in connection with Your use of the Services. To
the extent that they do not conflict with the terms of this Agreement, You
agree to be bound by the terms and conditions of such third party
electronic payment processors and/or financial institutions.
• 9.3 In the case of suspected or fraudulent
payment, including use of stolen credit cards, or any other fraudulent
activity (including any charge-back or other reversal of a payment or
dispute or fraud relating to ACH/e-checks), Company reserves the right to
suspend or terminate the End User's account, reverse any pay-out made and
recover any winnings. Company shall be entitled to inform any relevant
authorities or entities (including credit reference agencies) of any
payment fraud or otherwise unlawful activity, and may employ collection
services to recover payments. However, under no circumstances shall the
Company be liable for any unauthorized use of credit cards and/or debit
cards, irrespective of whether or not the credit cards and/or debit cards
were reported stolen.
• 9.4 All payments into Your account must be
from a single payment source, such as a credit card, debit card, charge card
or ACH/e-check on which You are a named account holder.
• 9.5 We reserve the right to charge You fees
for handling Your deposits and withdrawals to and from Your account as may
be detailed in the "Cashier" from time to time.
• 9.6 In the event that You have five failed
attempts to deposit any money into your account (whether through one payment
method or a combination of payment methods) within a ten minute period
(regardless if you have logged out and back in to your account), we shall
suspend Your account.
10. Bonuses
• 10.1 All promotions, bonuses or special offers
are subject to the 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 or amend any promotion, bonus or special offer at any time.
• 10.2 In the event that the Company believes the
End User 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 the End User any bonus, offer or promotion, or
rescind any policy with respect to the End User, either temporarily or
permanently, or terminate the End User's access to the Services and/or
suspend the End User's account.
• 10.3 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 an abusive behavior.
• 10.4 Your 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).
Please note that Your deposit may not reach Your account immediately, but
may take a number of days until such deposit is processed by Your payment
processor and reaches Your account. Until such time, such deposit shall not
be considered as Available Funds.
• 10.5 If You have both Available Funds and
Restricted Funds in Your account, the next wager You make will use Available
Funds first. Restricted Funds will only be used once Your Available Funds
balance is zero. The foregoing will not apply to Your use of Tournament
Tickets, which You can use at any time.
• 10.6 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.
11. Obligations of the Company
• 11.1 The Company has no obligation to check
whether You are using the Services in accordance with this Agreement or the
Additional Rules, as updated from time to time.
• 11.2 Company may investigate or pursue
complaints made by a user against any other user using the Services and may
take any action in connection therewith, or take any action against a user
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.
• 11.3 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 negligence,
the Company shall not be liable.
• 11.4 The Company shall handle all personal
information provided by You strictly in accordance with the Privacy Policy.
12. Dispute Resolution
12.1 Dispute Resolution Mechanism Between Users
• 12.1.1 In case of any dispute raised between users
and related directly to the Services, the Company shall make reasonable
efforts to assist the users for the sake of reaching a quick and amicable
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 their
managers.
• 12.1.2 If the dispute is not resolved according to
the process described above, Company at its sole discretion may refer the
dispute to arbitration in accordance with this Agreement but will not
initiate such proceedings for the resolution of the dispute until the
earlier of: (a) the customer support team managers joint written conclusion
that amicable resolution through continued negotiation is unlikely; or (b)
30 days after the matter was escalated to the managers.
• 12.1.3 Dispute Resolution. Subject to the
escalation process set forth above, any dispute under this Agreement shall
be referred to and resolved in accordance with following provisions:
- 12.1.3.1 Company, in its sole discretion, may apply to
courts having jurisdiction in the matter to obtain an injunction to prevent
disclosure of its confidential information.
- 12.1.3.2 In relation to any and all 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.
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.
• 12.1.4 This provision does not prejudice any rights
or remedies You may have at law or in equity. You hereby consent to the
jurisdiction of the State of New Jersey to resolve any disputes arising out
of the Gambling Services in such case the hearing shall become public.
12.2 Disputes With The Company
• In relation to any and all disputes between You 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.
12.3 All Disputes
• 12.3.1 All claims or disputes should be raised with
the customer service department at
[email protected]
, in a timely manner to allow the Company to promptly respond to the user.
• 12.3.2 In the event that You have exhausted all
reasonable means in resolving a complaint which You may have in relation to
the Services, You may utilize the NJDGE’s Internet Dispute Form which may
be found on the NJDGE website. For more information, please see
here.
· 12.3.3 You agree to provide the Company with all the
relevant information or evidence which the Company reasonably requires to
review Your claim or dispute.
• 12.3.4 You hereby consent to the jurisdiction of the
State of New Jersey to resolve any disputes arising out of the Gambling
Services or use of the Website.
13. NO WARRANTY
• 13.1 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.
• 13.2 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 ARE 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.
• 13.3 A MALFUNCTION VOIDS ALL PAYS. 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 ANALGOUS
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 SHALL VOID ALL
GAMES IN QUESTION AND PAYMENTS (WHENEVER SUCH SYSTEMS OR COMMUNICATIONS
ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES ARE DISCOVERED) 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.
• 13.4 IF YOU RECEIVE ANY WINNINGS OR BONUSES (OR
ANY OTHER SIMILAR BENEFIT) (“BENEFITS”) AS A RESULT OF ANY
ERROR MADE BY THE COMPANY OR ON THE COMPANY'S BEHALF (WHETHER TECHNICAL OR
MANUAL) IN CALCULATING, ALLOCATING OR DISTRIBUTING BENEFITS, WE MAY VOID THE
BENEFITS AND, TO THE EXTENT THAT YOU HAVE ALREADY RECEIVED OR BEEN CREDITED
WITH A PAYMENT IN RESPECT OF THE SAME, YOU WILL REPAY THAT AMOUNT TO US OR
WE MAY DEDUCT IT FROM YOUR ACCOUNT.
• 13.5 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 WEBSITE.
14. Limitations of Liability
The End User acknowledges and agrees that:
• 14.1 You are free to choose whether to use the
Services and do so at Your sole option, discretion and risk.
• 14.2 None of the Company, the WSOP Affiliates
the Service Providers nor any licensors of any of the foregoing 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).
• 14.3 None of the Company nor the WSOP Affiliates,
the Service Providers nor any licensors of any of the foregoing 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, the
CIE Affiliates the Service Providers and any licensors of any of the
foregoing are not responsible for the content contained on any Internet
site linked to or from the Website or otherwise via the Services.
• 14.4 The Company, the WSOP Affiliates, the
Service Providers and any licensors of any of the foregoing shall not be
liable to You or any third party for any modification to, suspension of or
discontinuance of the Software or the Services.
• 14.5 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 content
or any other factors beyond Our control: (a) the Company, the WSOP
Affiliates, the Service Providers and any licensors of any of the foregoing
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, as permitted under New Jersey gaming
regulations.
• 14.6 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.
15. Breach of Terms and Conditions
• 15.1 As the End User, You agree to fully
indemnify, defend and hold the Company, the WSOP Affiliates, the Service
Providers and any licensors of any of the foregoing, and each of the
foregoing's 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.
• 15.2 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 or the Company has reasonable grounds for
suspecting that You have breached the terms and conditions of this
Agreement, Your winnings may be forfeited by You 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.
16. Duration and Termination
• 16.1 This Agreement shall be in full force and
effect immediately upon Your completion of the registration process and
valid download of the Software with the Company and shall continue in full
force and effect unless and until terminated in accordance with its terms.
• 16.2 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) upon instruction of the appropriate law enforcement agency or
regulatory body; or
(f) for any other reason Company may determine.
Unless otherwise provided in the Agreement, 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 Company’s right to deduct any amounts owed by You to Company.
• 16.3 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.
• 16.4 On termination of this Agreement You shall:
(a) discontinue the use of the Software and the Services;
(b) pay all amounts due and owing to the Company; and
(c) remove and permanently delete the Software from Your computer equipment
and/or mobile device and destroy all related documentation in Your
possession, custody, power or control.
• 16.5 The right to terminate this Agreement given
by this Section 16 shall not prejudice any other right or remedy of either
party in respect of the breach concerned (if any) or any other breach.
• 16.6 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.
16.7 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 by You, subject to NJDGE approval.
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.
• 16.8 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. Company is not
obligated to refund to You any funds You may have wagered or won through
such accounts, subject to New Jersey gaming regulations.
• 16.9 If You have previously self-excluded under
Our responsible gaming program at any of Our casinos or on-line gambling
sites or under any state-sponsored program, it is Your responsibility to
refrain from opening new accounts during the period of such exclusion.
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.
17. General
• 17.1 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.
• 17.2 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.
• 17.3 Unless otherwise expressly stated, nothing
in this Agreement shall create or confer any rights or any other benefits to
third parties.
• 17.4 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.
• 17.5 The Terms of Service, together with the
Privacy Policy and the Additional Rules contain the entire agreement between
the Company and You, relating to Your use of the Software and the Services
and supersedes any and all prior agreements between the Company and You in
relation to the same. You confirm that, in agreeing to accept this
Agreement, You have not relied on any representations other than in the
Terms of Service, the Privacy Policy and the Additional Rules.
• 17.6 The Company reserves the right to transfer,
assign, sublicense or pledge this Agreement, in whole or in part without
Your consent: (i) to any of the WSOP Affiliates ; or (ii) in the event of
a merger, sale of assets or other similar corporate transaction in which
the Company may be involved in.
• 17.7 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.
• 17.8 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.
• 17.9 Subject to applicable laws and regulation,
the Company may outsource any or all of the Services it provides under the
Agreement to third parties.
• 17.10 Pursuant to State and/or Federal law, You may
be required to complete certain tax forms before winnings that exceed a
taxable threshold can be released into Your bankroll. By using the
Services, You agree to comply in full with all applicable tax laws, and
hereby release Company from any liability associated with Your compliance
therewith.
18. New Jersey Regulations
Notwithstanding anything contained herein, the Services are provided in
accordance with the New Jersey Casino Control Act, N.J.S.A. 5:12-1
et seq. and the Regulations of the NJDGE, N.J.A.C.
13:69-1.1 et seq. and the Company's Internal Controls.
19. 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 Services. 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:
• 19.1 End User shall not make any statements that
are sexually explicit or offensive, including expressions of bigotry,
racism, hatred or profanity.
• 19.2 End User shall not make statements that are
abusive, defamatory, harassing or insulting to other users of the Services.
• 19.3 End User shall not make statements that
advertise, promote or otherwise relate to any other online entities.
• 19.4 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.
• 19.5 End User shall not make 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 right of
any person or entity, or impersonates any other person.
• 19.6 Company is fully aware that English may not
be the first language of some of Our users. However, at this current time,
Our policy upholds that this is the only language permitted in Our chat
application.
• 19.7 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.
20. Customer Service Department and Special Promotions
• 20.1 For service quality assurance, calls made
by You to the customer service department may be recorded.
• 20.2 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, Service Providers
or WSOP Affiliates from time to time.
• 20.3 The Company will not tolerate any abusive
behavior exhibited by users of the Services 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.
• 20.4 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, (iv) push messages and (v) additional windows
opening from within the Software. Promotions begin at 12:01am and end at
11:59 pm Eastern on specified dates, unless stated otherwise in the
promotion’s terms & conditions.
• 20.5 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. Uninstall and Shortcut Additions
If You are using the download form of the Software and wish to have it
uninstalled You will be able to do so via the Add/Remove Programs on Your
computer.
Please note that upon installation of the Software the following shortcuts
shall be added to Your computer's desktop:
• 21.1 Quick launch shortcut.
• 21.2 Desktop icon.
• 21.3 Client link from the Start Menu.
• 21.4 Brand folder with client and uninstall link
from the Programs option on the Start Menu.
• 21.5 Client link from the Games option on the
Start Menu.
If You choose to uninstall the Software certain registration keys will
remain on Your computer in order to maintain responsible gaming rules,
monitor fraud attempts, and comply with any applicable regulation.
22. Minimum Hardware Requirements
In order to enjoy the Services, You are required to either 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 for the download version are:
o PC: Windows 10. We recommend having the OpenGL video drivers
installed and updated to the latest available version.
o macOS: 10.14 (macOS Mojave)
o iOS / iPad OS: 13 or newer
o Android: 7 or newer (Arm64)
• 22.3 In relation to the mobile application on
the iPhone and iPad, We support version iOS 10 and above. With respect to
the mobile application on Android We support version 6 and above.
• 22.4 In relation to the mobile application on
the Android operating system the minimum requirements are:
o ARMv7 processor with vector FPU, minimum 550MHz, OpenGL ES 2.0, H.264
and AAC HW decoders
o 256MB of RAM
Please note that We may discontinue support for outdated versions of the
abovementioned hardware or software at Our sole discretion.
23. Governing Law
This Agreement including for the avoidance of doubt the Additional Rules
and Privacy Policy and the relationship between the parties shall be
governed by, and interpreted in accordance with, the laws of the State of
New Jersey. You hereby consent to the exclusive jurisdiction of the courts
in the State of New Jersey to resolve any disputes arising out of Internet
or mobile gaming.
24. 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.
25. User Disconnection and User Inactivity
25.1Casino Games
Without derogating from Sections 6.11, 7.4, 12 and 13 above, the provisions
in the Disconnection and Inactivity Policy shall apply.
If You have any further questions with regards to disconnection while
playing casino games, You can contact Us at
[email protected].
25.5 Poker Games
The user disconnection provisions applicable to Poker games are described
in the House Rules.
26. Provisions Relating to Specific Games
Jackpot Winnings
The Company reserves the right, for a reasonable period of time, to review
Your jackpot win to ensure its validity for a period of up to 5 business
days.
Poker
You hereby acknowledge that all bets placed by You in relation to
multi-user 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 Services.
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-user poker games are public
and therefore may be reviewed and published by other users, either at the
time of the game or thereafter.
We provide multi-user poker games so as to provide a platform for users to
play poker and to 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; or (b) a percentage of the "buy-in" fee for tournaments.
For Blast Tournaments, please see
here.
On a mobile or tablet device, You will only be able to play one poker game
or tournament at a time.
Collusion and Suspicious Play: Collusion or
suspicious play occurs when two or more users attempt to gain an unfair
advantage in any way or by using any means 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. Where You are found to be colluding with another user
or You are found to engage in suspicious play as reasonably determined by
the Company, the Company shall be entitled to freeze the implicated users’
accounts pending investigation, and/or notify the Regulator of the
suspected activity. If You collude or attempt to collude with any other
user
or You engage in suspicious play as reasonably determined by the
Company while using the Services
You may be permanently banned from using the Services or the Software or
any other related services of the Company, Your account may be terminated
immediately and the Company shall be entitled to retain all monies in Your
account. We have developed and employ sophisticated proprietary technology
intended to seek out and identify users acting in collusion. If the Company
is informed during play about suspected collusive behavior or suspicious
play or as reasonably determined by the Company, it may, in its sole
discretion, terminate suspected users' access to the Services and/or
suspend their accounts. No user shall have the right to require the Company
to take any other steps against users suspected of collusion, cheating or
any other form of fraud.
If You suspect that any user is colluding with another user, cheating or
engaging in suspicious play, You can contact us via email at
[email protected]
.
Chip-Dumping: Chip-dumping occurs when any user deliberately loses a
hand in order to transfer his/her chips to another user. If You are
suspected of chip-dumping, the Company shall be entitled to suspend Your
account pending investigation, and/or notify the Regulator of the suspected
activity. If You are involved in an act of chip-dumping or attempted
chip-dumping while using the Services You may be permanently banned from
using the Services and the Software or any other related services of the
Company and Your 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 suspend Your
account pending investigation, and/or notify the Regulator of the suspected
activity, 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 by You reasonably determined to have been obtained as a
result of such fraud.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.