Legal | License Agreement
WSOP.COM TERMS OF SERVICE
These Terms of Service were last updated on May
28, 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.
William Hill U.S. Holdco, Inc., a Delaware corporation, with offices at
6325 S Rainbow Blvd, Ste 100, Las Vegas, Nevada, 89118 (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 Nevada Gaming Control Board of the State of Nevada (the
"NGCB" or "Regulator") for the purposes of
operating and offering real-money Internet-based and mobile
application-based interactive poker services (the "Gambling
Services" or "Services").
When you (the "End User", "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/
(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 Gambling Services which You are using,
including, but not limited to, the
"Bonus Policy",
the "Withdrawal
Policy", the
"Responsible
Gaming Policy", 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 the 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
Interactive Gaming License issued by the Nevada Gaming Commission. All
Gambling Services transactions between You and the Company must take place
in Nevada.
1.3 The software offered by the Company's licensor, 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 or Software in
its sole discretion with immediate effect and without notice, subject to
any statute, regulations or direction from the Nevada Gaming Control Board.
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 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 Your account, , 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
https://www.lnmandiya.com/legal/privacy-policy 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 Nevada. 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
Nevada 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 Nevada, 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 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.
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 ofOur
affiliated entities (" WSOP Affiliates")oranythird
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 Nevada. Use of the Services by
someone not Legally of Age, and anyone who facilitates 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 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. 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, 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 Regulator 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) a government issued 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 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 and received in 30 days,
the Company will restrict Your account and withhold any funds that are
present therein. Any initial deposit funds in such account shall be
returned within 7 business days of cancellation. 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 the Company requesting 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, as a result of
such investigation.
• 4.4 “Key employees” and other Company
employees subject to any wagering prohibition in any casino or simulcasting
facility in Nevada 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
Responsible
Gaming 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 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; 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 an 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:
William Hill U.S. Holdco, Inc.
Attn: Copyright Agent
6325 S Rainbow Blvd, Ste 100, Las Vegas, Nevada, 89118
(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 End 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 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 of the Services.
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 unauthorized 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. The Company is responsible for ensuring You are
Legally of Age, and You meet the identification and location requirements
of the jurisdiction in which You are using the Services and You shall
cooperate with the Company in its efforts to verify the same.
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 government, 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, 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 Nevada Gaming Control Board
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 Nevada, the
regulations of the Nevada Gaming Commission and/or any directives or
instructions of the Nevada Gaming Control Board. 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. 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. 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. 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. 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. 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.
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 Your account has been inactive for any consecutive period of sixteen
months, Your account will be considered a "dormant account". Once Your
account falls into the "dormant account" status, You can no longer log in
with Your account with Your name and password. The sixteen month period will
run from the date (as applicable): (i) of Your last login to Your account
using Your account username and password; or (ii) that customer support
reactivated Your account. You will be notified periodically via email of
Your inactivity and remaining funds. You must contact support and ask for
the dormancy restriction to be removed.
In the case of a dormant account, the Company will levy a monthly
administration fee at a rate of USD $4.99 per month commencing on the date
that it became dormant. The administration fee shall be deducted from the
dormant account commencing from the last day of the sixteenth month in
which the account is inactive and on a monthly basis thereafter, until the
balance of the account has reached zero. In the event that You login to Your
account or contact support and ask for the dormancy restriction to be
removed during the period during which the administration fee is levied,
the Company will cease to levy the administration fee but shall not be
obligated to return to You any monies already deducted from the account at
such time.
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. Any initial money
deposit provided by You 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. 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 are the parent, guardian or otherwise responsible for a
minor, , 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 Responsible Gaming 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.
You may not make a payment with a payment instrument for which You are
not the named account holder. In the event You do attempt to use a
payment instrument belonging to a third party in violation of this
provision,
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 fees for handling deposits to and
withdrawals from Your account, as may be detailed in the "Cashier" from
time to time.
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 shall be
considered as 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 it may take a number of days until a deposit is processed
by Your payment processor and reaches Your account. Until such time that a
deposit is processed and settles in Your account, such deposit shall not be
considered as Available Funds.
10.5. If You have a balance of Available Funds and Restricted Funds in
Your account, Available Funds will be used to fund wagers until Your
Available Funds balance is zero. Restricted Funds will be used to fund
wagers until such time that the Available Funds balance is no longer zero.
The foregoing will not apply to Your use of Tournament Tickets, which You
can use at any time.
10.5 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
account with the Website and in such circumstances, the Company shall be
under no obligation to refund You any bonus funds or winnings that may be
in Your account 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. Additionally, complaints may be filed with the Nevada Gaming
Control Board.
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 maintain all personal information provided by
You in accordance with the Privacy Policy.
12. Dispute Resolution
12.1 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 an effort to reach an amicable solution; such discussions shall be
confidential and may not be disclosed without the prior express consent of
the Company and each of the involved users. 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 manager.
12.2 If the dispute is not resolved according to the process described
above, You may initiate dispute resolution pursuant to Section 12.4 below
but only upon the earlier of: (a) the issuance of a written statement from
the responsible customer support team manager(s) that amicable resolution
through continued negotiation is unlikely; or (b) 30 days after the matter
was escalated to the manager(s). All unresolved disputes involving a claim
by a user for $500 or more in alleged winnings are reported to the Nevada
Gaming Control Board pursuant to applicable law.
12.3 Disputes must be submitted within seven days after the date of the
original transaction giving rise to the claim. You must notify us of your
claim or dispute by contacting the customer service department at
[email protected]
. You agree to provide the Company with all the relevant information or
evidence which the Company reasonably requires to review Your claim in
dispute.
12.4 Subject to the escalation process set forth above, any dispute
under this Agreement shall be referred to and resolved in accordance with
the following provisions:
- 12.4.1 Any dispute involving a claim by you that are You are owed $500
or more in winnings (whether in cash, merchandise or other prize of value)
in connection with the Services shall be exclusively referred to and
finally resolved by the Nevada State Gaming Control Board in accordance
with Nevada law and regulation. The award and/or determination shall be
final and binding upon You and the Company except as otherwise may be
provided in Nevada law or regulation, and judgment may be entered thereon
in any court of competent jurisdiction. You have a right to request
investigation and resolution by the Nevada State Gaming Control Board of
claims that you are owed less than that amount as well, but you are not
obligated to arbitrate those claims. Arbitrations conducted before the
Nevada State Gaming Control Board shall be as confidential and private to
the extent 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, confirm or enforce an award, and shall not bar disclosures
required by law.
- 12.4.2 All other disputes between You and the Company arising
out of or in connection with the Services must exclusively be brought
before a state or federal court located in the State of Nevada, and you and
the Company accept the jurisdiction of such courts.
12.5 For the purpose of resolution of any dispute, 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, except to the
extent prohibited by applicable law, 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.
12.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR THE
COMPANY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR
AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY CLASS ACTION
AGAINST EACH OTHER OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE
CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY , OR OTHERWISE SEEK TO RECOVER
FOR LOSSES INCURRED BY A THIRD PARTY. YOU AND WE ALSO HEREBY WAIVE ANY
RIGHT TO TRIAL BY JURY. IN THE EVENT OF A DISPUTE PROPERLY BEFORE A COURT
IN ACCORDANCE WITH THIS AGREEMENET, SUCH DISPUTE SHALL PROCEED WITH THE
JUDGE AS FACT-FINDER.
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 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 WSOP 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
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. Additionally, disputes may be investigated by the
Nevada Gaming Control Board.
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 on our servers in
Nevada, 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. 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 a new account, while under a period of self-exclusion or cooling off,
from any of the brands operated under the Company's umbrella, Company shall
close Your account as soon as detected. Company is not obligated to refund
to You any funds You may have wagered or won through such account.
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, comprise the Agreement and 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 those in
the Agreement.
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 WSOP Affiliate or other entity that is controlled by, controls or is
under common control with the Company,; 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. Regulations
Notwithstanding anything contained herein, the Services are provided in
accordance with applicable law and regulations.
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 inflammatory. abusive,
derogatory, 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 With respect to poker play, the End User must refrain from using the
chat feature to comment on hands, either concluded or then-in-progress.
This includes, but is not limited to, providing strategy advice, sharing
cards, or identifying potential bluffs.
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 Pacific 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:
Quick launch shortcut.
Desktop icon.
Client link from the Start Menu.
Brand folder with client and uninstall link from the Programs option on the
Start Menu.
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 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:
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 and the entire relationship between the parties shall be
governed by, and interpreted in accordance with, the laws of the State of
Nevada. Section 12 shall additionally be governed by and subject to the
Federal Arbitration Act.
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
The user disconnection provisions applicable to Poker games are described
in the House Rules.
26. Provisions Relating to Specific Games
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.
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 Nevada Gaming Control
Board of the suspected activity, the outcome of which may result in the
closure of Your account, 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.
27. Regulatory Body If You are not satisfied with the
resolution of any issue that is offered by the Company, You may contact the
Nevada Gaming Control Board.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.