Terms and Conditions
PLEASE READ CAREFULLY THIS LEGALLY BINDING END USER LICENSE AGREEMENT BETWEEN YOU AND ASI GLOBAL INVESTMENTS LTD., UNDER THE BRAND NAME OF POKERACE.COM.
BY REGISTERING WITH US AND/OR CLICKING THE “I AGREE” BUTTON BELOW AND/OR EACH TIME YOU USE OR CAUSE ACCESS TO THIS WEBSITE YOU VOLUNTARILY AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY WITHOUT RESERVATION.
THIS AGREEMENT SHALL TAKE EFFECT AND BE BINDING TO YOU AND US WHEN AND ONLY IF YOU REGISTER WITH US AND/OR CLICK THE “I AGREE” BUTTON.
IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM YOUR ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR LEGAL ADVISOR IN YOUR JURISDICTION.
The following words and terms, when used with this Agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1. Excluded Territories are jurisdictions that specifically made online gambling illegal;
1.2. IP Rights refer to any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world;
1.3. Party is You or Us and Parties are You and Us;
1.4. Player Account is a personal account opened by an individual and maintained with Us to enable that person to play games on the Poker Room;
1.5. Poker Room refers to the poker room and/or any other poker gaming activities offered by Us on Our Website, as listed at www.pokerace.com;
1.6. Services are the services We provide on the Website and any other gaming platforms provided by Us from time to time, on which You access Our betting and wagering services, including the Poker Room and access to the Shared Poker Room;
1.7. Shared Poker Room is the shared poker room network through a shared poker room platform managed by a third party provider referred to in clause 7;
1.8. Software is the software licensed to Us including any program or data file or any other content derived therefrom, that shall be accessed or otherwise utilized by You from the Website enabling You to participate in the Poker Room and any other games available for Your use;
1.9. Username and Password refer to the username and password which You choose on registration with the Poker Room;
1.10. You/Your/Yourself is the person who enters into this Agreement with ASI Global Investments Ltd. upon his/her acceptance of the terms and conditions set out herein;
1.11. Us/We/Ours is ASI Global Investments Ltd.;
1.12. User is the person who is already bound under an End User License Agreement with Us;
1.13. Website refers to www.pokerace.com and any related sites accessible via links or any other access way.
2.1. We are a corporation fully licensed and regulated under Philippine laws for the purpose of operating a virtual poker room on the internet, under the name www.pokerace.com.
2.2. As such, WE DO NOT INTEND TO:
2.2.1. enable You to contravene laws and regulations that are applicable to You or Us in providing You Our Services; or
2.2.2. impress upon You that We are:
a. legal experts and give You assurance on the legality of Your use of the Website and/or the Poker Room and/or the Software; or
b. a bank and that Your funds with Us are insured by any government agency.
2.3. The Website and/or the Poker Room and/or the Software is intended only for users who are not prohibited by the laws and regulations of any applicable jurisdiction from gambling on the Internet.
2.4. The availability of Our Services on the Internet is not an offer or invitation from Us to use the Website and/or the Poker Room in any country in which such use is illegal.
3. YOUR ACCESS AND USE OF THE SERVICES AND SOFTWARE
3.1. This Agreement covers the arrangements between You and Us in relation to Your access and use of the Website, the Poker Room, either for playing play-for-real or play-for-fun Poker, other games, the Shared Poker Room and the Software.
3.2.1. We have no control over how You use Our Services and the Software and, therefore, We make reservations as set out in this Agreement, and in the later versions, to avoid being exposed to or prevent from being liable for any unlawful, fraudulent, invalid, or unauthorized act/omission that You may attempt to or actually commit notwithstanding Your undertaking, representations and warranties herein.
3.2.2. The description and the rules of the poker games We offer can be accessed at:
c. other sections of the Software and the Website, including but not limited to, the rules describing how to play, tournaments, and any other rules governing a particular game, event, or tournament, all such rules are incorporated and included under the terms and conditions set out in this Agreement.
3.2.3. It is Your responsibility to ensure that You understand the rules and procedures of the games in the Poker Room, in the Shared Poker Network and Your use of online gaming in general before You play any such games.
4. VALID USE
4.1. Your rights under this Agreement shall at all times be subject to Your compliance with:
4.1.1. the laws and regulations that are applicable to You or Us; and
4.2. Also, We permit You to access or use Our Services and the Software in participating in the Poker Room or Shared Poker Room only if:
4.2.1. You are at least 18 years of age and is of legal age in Your country of residence;
4.2.2. it is legal under the laws applicable to You or to Us; and
4.2.3. You are not a resident of any of the Excluded Territories.
5. THE SOFTWARE, ITS ACCESS AND USE, THE LIMITATIONS, AND OUR DISCLAIMER
5.1. The Software is owned and is the exclusive property of a third party software provider (the “Software Provider”). The Software, its code and organization, and accompanying documentation, which have been licensed to Us are proprietary products of the Software Provider and protected throughout the world by intellectual property rights laws.
5.2. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FROM THE SOFTWARE PROVIDER OR US, THEREFORE, YOUR ACCESS AND USE OF THE SOFTWARE IS AT YOUR OWN RISK.
5.3. We hereby grant You a limited, personal, non-exclusive, non-transferrable right to access and use the Software solely for non-commercial entertainment purposes on one or more computers owned by You or under Your legitimate control, for the lone purpose of participating in the Poker Room and in Shared Poker Room.
5.4. You do not own the Software. Your access and use of the Software does not give You ownership in any way of any intellectual property rights in the Software.
5.4.1. Therefore, You must not:
a. sell, sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this Agreement), Your license to use the Software or make or distribute copies of the Software;
b. export the Software to any country (whether by physical or electronic means);
c. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
d. copy or translate any user documentation provided ‘online’ or in electronic format;
e. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to access or discover the source code of the Software or to create derivative works based on the whole or on any part of the Software;
f. enter, access or attempt to enter or access or otherwise bypass the Our security system or interfere in any way (including, but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof; or
g. use the Software in a manner prohibited by applicable laws or regulations.
5.4.2. You shall be liable for any damage, costs or expenses arising out of or in connection with Your participation in any of the foregoing proscribed activities or for Your omission to immediately notify Us upon becoming aware of the commission by any person of any of these activities and/or Your refusal to give Us reasonable assistance in any investigation that may be conducted in light of the information You provided.
5.5. This license to access and use the Software does not entitle You to make a record of, utilize or disclose any confidential information that may be included Software other than strictly in accordance with the terms of this Agreement and upon Our and the Software Provider’s prior written authorization. Unless there is clear evidence to the contrary, it shall be presumed that any information is confidential and proprietary to Us or the Software Provider.
5.6. WE EXCLUDE FROM THIS GRANT OF LICENSE TO ACCESS AND USE THE SOFTWARE:
5.6.1. ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE).
5.6.2. ANY REPRESENTION AND WARRANTY THAT:
a. THE SOFTWARE WILL MEET YOUR REQUIREMENTS;
b. THE SOFTWARE WILL BE NON-INFRINGING;
c. THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED; or
d. THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE.
5.7. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE, NEITHER US NOR OUR SOFTWARE PROVIDER SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS..
6. REGISTRATION/ACCOUNT AND YOUR RELATED RESPONSIBILITIES
6.1. We only allow access to playing games on the Poker Room through secured networks using encryption of the user name and password. You cannot play games on the Poker Room or the Shared Poker Room without passing Our customer security login.
6.1.1. To use Our Services, You will first need to register for an account with Us. You may access Our Services from Your Player Account.
6.1.2. You can open a Player Account with Us by choosing a unique account name and password and entering other information that We ask for in Our registration form such as Your full name, address, email, gender, date of birth, contact information, and other personal details. You are obliged to ensure that these details are accurate and kept up to date.
b. We reserve the right to:
b.1. ask you to provide us with additional details and any such additional information will be kept confidential;
6.1.3. Your Username and Password is for Your sole personal use.
a. You shall not reveal Your Player Account Username or Password to any person and You shall take all steps to ensure that such details are not revealed to any person. We take no responsibility for any third party access to Your Player Account.
b. You shall inform Us immediately if You suspect that Your account is being misused by a third party and/or any third party has access to Your account Username or Password so that We may, at Our sole discretion, investigate such matter, and You will cooperate with Us, as We may request, in the course of such investigation.
c. You are responsible for the security of Your Username or Password on Your computer or internet access location. If Your Username Password combination is “hacked” from Your computer, due to any viruses or malware that is present on the computer that You accessed Your account with, this is Your responsibility. You should report any possible hacking attempts or security breaches from Your computer terminal immediately to Us.
d. You shall be responsible for all transactions conducted in relation to Your Player Account using Your Password. UNLESS WE RECEIVED, AS ACKNOWLEDGED BY US, A PRIOR NOTICE FROM YOU that a third party knows Your Username and Password combination without Your authorization and despite Your compliance with this Agreement, We have every right to consider every person who identifies him/herself by entering Your correct Username and Password to be You and all transactions where the Username and Password have been entered correctly, whether or not authorized by You, can be regarded by Us as valid and We shall not be liable for any losses incurred by You as a result of such misuse or unauthorized use.
e. We have no obligation to maintain account names or passwords. If You misplace, forget or lose Your Username or Password because of anything other than Our error, We shall not be liable.
6.1.4. THE NAME ON YOUR PLAYER ACCOUNT MUST BE YOUR TRUE AND LEGAL NAME AND IDENTITY AND THE NAME ON YOUR PLAYER ACCOUNT REGISTRATION MUST MATCH THE NAME ON THE CREDIT CARD/S OR OTHER PAYMENT ACCOUNTS USED TO DEPOSIT OR RECEIVE MONIES INTO YOUR PLAYER ACCOUNTS.
a. You may not use anyone else’s username and password.
b. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension of Your Player Account.
c. YOU MAY NOT HOLD MORE THAN ONE PLAYER ACCOUNT IN CONNECTION WITH YOUR USE OF THE POKER ROOM AND/OR SHARED POKER ROOM. We reserve the right to close Your Player Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Player Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said attempt.
6.1.5. You may be asked Your preferred currency for Your Player Account from the currencies available, as may be changed from time to time, (“Account Currency”). This Account Currency can be changed only once unless subsequent change/s is/are approved by us and, every time, shall be made on the terms and at the Exchange Rates offered by Us at the time of conversion.
a. Each and every payment to and from Your Player Account shall be in the currencies available on Our Website, are non-interest bearing, and You shall make sure that all payments into Your Player Account are from a payment source for which You are the named account holder. If You are making a deposit to or withdrawal from Your Player Account in a currency other than Your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates that may be offered by Us at the time of such deposit or withdrawal and may be subject to a minimal conversion fee.
b. You will be required to pay ‘real money’ into Your Player Account by any of the methods specified from time to time by Us in placing a bet or wager. Such money will be deposited into Your Player Account upon actual receipt by Us and/or Payment Processor. There may be minimum and maximum limits that will be applied to the payments into Your Player Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us.
c. Funds held in Your account are not interest bearing.
d. You can request withdrawals from Your Player Account if all payments made have been received.
d.1. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made.
d.2. When using credit/debit card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) business days after the deposit.
e. In the event that it becomes necessary for Us to stop supporting a particular currency and Your Account Currency becomes unavailable, We reserve the right to require You to convert Your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.
6.1.6. We reserve the right to limit or refuse any of Your bets or wagers.
6.1.7. To use certain Services You may first need to download and install or access and use a software as provided on the relevant platform.
6.2. We are using the best methods available today for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and Our servers, thus securing the Users and Us against manipulation attempts by a third party.
6.2.1. You will not break in, access or attempt to break in or access or otherwise by-pass Our security.
6.2.2. If We have a suspicion that You have attempted to or may be attempting to break in, access or otherwise by-pass Our security or the Software, We will be entitled to terminate with immediate effect Your access to the Poker Room and/or have Your account blocked, and We reserve the right to inform the applicable authorities.
6.3. You may not use the Poker Room for any commercial use or on behalf of another person. Any use of the Poker Room by You is for own private purposes only.
7. SHARED POKER ROOM NETWORK
7.1. We participate in a shared poker room network which enables You to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provider of poker network services (the “Shared Poker Room”). You agree that, at the Our sole discretion, You may be pooled into these shared tables and that, to the extent that You breach this Agreement, We shall have the right to block You from playing.
7.2. You therefore agree that once You join the Shared Poker Room , You are deemed to have accepted and shall comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.
7.3. You shall use the Software and participate only in good faith towards Us and/or the operator and other players from other poker room websites. In the event that We and/or the operator of the Shared Poker Room, both at our sole discretion, deems that You have been using the Shared Poker Room or the Software in bad faith We and/or the operator of the Shared Poker Room, both at our sole discretion, shall have the right to terminate Your account with Us and We shall be entitled to retain all monies therein. You hereby expressly waive any future claims against Us and the operator of the Shared Poker Room in such regard.
7.4. You acknowledge and agree that We and/or the operator of the Shared Poker Room, both at our sole discretion, reserve the right to terminate Your game or block Your account as well as deny You from accessing the Shared Poker Room, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms and conditions set out hereunder.
7.5. You further acknowledge and accept that We and/or the operator of the Shared Poker Room, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with Your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or alike improper behavior.
7.6. You will not commit any acts or display any conduct that damages Our reputation.
8. YOUR RESPONSIBILITIES AND UNDERTAKINGS
8.2. You shall keep Yourself updated with applicable laws, statutes and regulations and ensure that Your use of the Services and/or the Software shall comply with and is within the parameters set.
8.3. You will participate and play in the Poker Room or in the Shared Poker Room only if understand the rules and procedures of the games and the use of online gaming in general.
8.4. You shall comply with Your legal obligations arising from, related to or incidental with Your use of the Services and/or the Software.
8.5. You shall not engage in or commit or attempt to engage in or commit fraudulent, unlawful, dishonest or improper behavior or activity in Your use of the Services and/or the Software.
8.5.1. Any of the following behaviors or activities is fraudulent, unlawful, dishonest or improper and Your engaging in or attempt to engage in such behavior or activity is an invalid access and use of our Services and/or the Software:
a. Collusion which refers to a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table;
b. Use of computer software (other than the Software) or non-software-based databases or profiles which are designed to provide an unfair advantage to a player by giving him/her accesses or compiles information on other players beyond that which he/she has personally observed through the his/her faculties; and
c. Use of any software program which, in Our opinion, has artificial intelligence capabilities;
d. Chip-dumping which occurs when a User intentionally loses a hand in order to deliberately transfer his/her chips to another User;
e. Use of any recognized betting techniques to circumvent the standard house edge including any attempts at card counting; or
f. Any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering.
8.5.2. If We Suspect or find that You attempted to commit or engage in, is committing or engaging in, or have committed or engaged in any such invalid access and use of Our Services and/or the Software, We shall be entitled to take such action as We see fit, including, but not limited to the following:
a. Immediately blocking Your access to the Services and/or the Software and/or accessing any of other websites or servers that may be available to You through Us;
b. Terminating Your Player Account;
c. Seizing the funds within Your Player Account;
d. If necessary, to lawfully collecting any payments owed by You;
e. Disclosing such information (including the Your identity) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
f. Taking legal action against a You.
8.5.3. You hereby agree that We or a third party payment processing company on our behalf (“Payment Processor”) have the right to withhold any payments should We or the Payment Processor have reason to believe or any suspicion that You may have attempted to engage in, is engaging or have engaged in any fraudulent, collusion, unlawful, or improper activity.
8.5.4. We shall not be liable under any circumstances whatsoever for any loss You or any other player may accrue as a result of the prohibitive betting technique, fraudulent behavior, or otherwise unlawful activity. We will do Our best to investigate complaints received against Users suspected of attempting to or engaging in any Prohibited Activities, prohibited betting techniques, and Fraudulent Behavior.
8.5.5. In any case, We will not be further obliged to take any other actions aside from what We opt to avail of in any such attempt or act by a player.
8.6. You shall deposit or use only funds that are from legitimate and legal sources in registering with Us and in participating in the Poker Room or Shared Poker Room and You will not use Our Services and/or the Software in any way as a money transfer system.
8.7. You shall not transfer in any way whatsoever Your rights under this Agreement without Our prior written consent.
8.8. You are solely responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Poker Room .
8.9. You shall fully pay any and all payments due to Us or any third party in connection with Your use of the Poker Room and/or the Shared Poker Room. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of Your due payments and in any such event You will refund and compensate Us for such unpaid payments including any expenses incurred by Us in the process of collecting your payment.
8.9.1. We or the Payment Processor will handle all financial account transactions.
8.10. You have the sole responsibility of choosing and using the appropriate computer equipment and the services of a reliable telecommunications network/s and internet access provider in order to successfully access and fully enjoy the Website, the Poker Room and/or the Shared Poker Room, and the Software.
8.10.1. We will not be liable in any way whatsoever for any loss caused to You by such computer equipment or by the internet or any telecommunication service provider which You chose or engaged for such access and use.
8.10.2. In order to enjoy the Website and the Poker Room, You are required to use the Software and You should be supported on the following browsers:
a. IE6 and above, Firefox 3 and above, Safari 4 and above, Chrome 4 and above
b. All users need to have the Adobe Flash browser plug-in (9 and above) installed
8.11. You acknowledge that Our random number generator will determine the outcome of the games played on the Poker Room and You accept the outcomes of all such games. As such, You agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and You acknowledge and agree that Our records will be the final authority in determining the terms and circumstances of Your participation in the Poker Room games and related gaming activity.
8.12. You acknowledge that if Your Player Account is opened, You will fully indemnify Us and hold Us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of Your:
8.12.1. entry, use, or reuse of the Website or the Poker Room;
8.12.2. breach of any of the terms and provisions of this Agreement.
You further agree to fully indemnify, defend and hold Us and Our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by You, and any other liabilities arising out of Your use of the Website, the Poker Room or the Software.
8.13. You will not commit any acts or display any conduct that unjustifiably and without basis may damage Our reputation or Our Software Provider’s or any other related service providers. More so, if motivated by the consequences We imposed for Your violation of any provision in this Agreement, as it may be updated from time to time.
8.14. You shall keep Yourself updated of any changes to this Agreement, the Privacy Police, and the Site Rules.
8.15. You comply Your warranties in good faith in this Agreement and timely, fully, and in good faith comply Your responsibilities and undertakings.
9. YOUR REPRESENTATIONS AND WARRANTIES
Your represent and, as a continuing condition to Your right to access and/or use the Services and/or the Software, warrant each of the following:
9.2. You have verified the applicable laws and regulations and determined that Your use of the Services and/or the Software does not violate any laws and regulations of any jurisdiction that applies to You or Us.
9.3. You are acting voluntarily and are not being coerced in any way, whether physically, psychologically, or mentally, to the extent that You are deprived of Your freedom of choice when You agreed to be bound under this Agreement.
9.4. You do not intend and shall not use or allow the use of Our Services and/or the Software for any fraudulent, illegal, dishonest or improper purpose.
9.5. All the details which You give or have given in the process of registering (including but not limited to the debit/credit card details You supplied Us and the card has not been reported as lost or stolen) and/or setting up Your Player Account with Us and/or the Poker Room are accurate and You shall promptly update such details should there be any changes. You shall not, at any time, provide Us any false or incorrect information or make any misleading statement.
9.5.1. We reserve the right, but have no obligation whatsoever, to verify, should We deem it advisable, Your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of Your payment method, and can be sent to Us through firstname.lastname@example.org. If We deem it necessary, We may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event Our requests for documents are not completed by You, We may, at Our sole discretion, terminate Your Player Account, and withhold any funds that are present therein. Should the documents fail our internal security checks – for example, if We suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – We shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of Our findings with regard to these documents.
9.6. You fully understand the methods, rules and procedures of Internet gambling in general.
9.7. You are acting and shall, at all times, act on Your own behalf.
9.8. You have legal capacity to enter into this Agreement and/or avail of the rights created by it.
9.9. You are not classified as a compulsive gambler.
9.10. You are not a resident of the United States of America or its territories, Belgium, France, Italy, Spain, Denmark, Philippines, Hong Kong, Taiwan, Israel, Antigua and Barbuda, Netherlands, Antilles, Estonia, or Cyprus and shall immediately cease from using the Website and/or the Poker Room and/or the Software in the event that the country where you live is included in the list of Excluded Territories. This license to use is not available in the Excluded Territories, as may be updated by applicable laws from time to time.
9.10.1. Although We may, at Our sole discretion, provide a list of Excluded Territories in the Website (through this Agreement, its subsequent versions, if any, or other means), You understand that WE DO NOT WARRANT OR MAKE REPRESENTATIONS THAT IT IS CURRENT OR ACCURATE. THEREFORE, IT IS YOUR SOLE DUTY TO VERIFY THE RELEVANT LAWS IN THESE JURISDICTIONS, ESPECIALLY OF YOUR LOCATION, EACH TIME YOU USE OUR WEBSITE AND/OR THE POKER ROOM AND/OR THE SOFTWARE.
9.11. You are fully aware and understand that there is a risk of losing money through the use Our Services and/or the Software to play games on the Poker Room and/or the Shared Poker Room and that You are fully and solely responsible for any such loss.
9.11.1. You understand that taking this risk is at Your sole option and discretion and, as such, shall have no claims whatsoever against Us and Our directors, officers or employees.
9.12. The source of the monies that You have deposited in registering with Us is not from an illegal source.
9.13. You do not intend to use Our Services and/or the Software in any way as a money transfer system.
9.14. You do not intend to use or intend to allow other persons to use the Poker Room and Your Player Account for any fraudulent, unlawful, prohibited or improper activity under any applicable laws in Your jurisdiction and the laws that apply to Us.
9.15. You do not intend to engage in prohibited betting techniques or fraudulent behavior as mentioned in clause 8 at any time during Your access or use of the Website, the Poker Room or the Shared Poker Room, or the Software.
9.16. You are not one of Our officer, director, employee, consultant or agent or of one of Our affiliated or subsidiary companies, or suppliers or vendors, and You are not any of their relatives (for the purpose of this clause, the term “relative” means spouse, partner, parent, child or sibling).
9.16.1. In any event that You have breached this prohibition, among others actions that will be taken against You, You will not be entitled to any of Your winnings.
9.17. You have not previously held a Player Account which was suspended or terminated either by us or by any other online gaming operator, charged back any monies via a Player Account or maintains a current Player Account.
11. LIMITATION OF OUR REPRESENTATION AND WARRANTY
11.1. THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FROM THE SOFTWARE PROVIDER OR US, THEREFORE, YOUR ACCESS AND USE OF THE WEBSITE, THE POKER ROOM, ANDR/OR THE SOFTWARE IS AT YOUR OWN RISK.
11.2. WE EXCLUDE FROM THIS GRANT OF LICENSE TO ACCESS AND USE THE WEBSITE, POKER ROOM AND SOFTWARE:
11.2.1. ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE).
11.2.2. ANY REPRESENTION AND WARRANTY THAT:
a. THE WEBSITE, POKER ROOM AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
b. THE WEBSITE, POKER ROOM AND/OR SOFTWARE WILL BE NON-INFRINGING;
c. THE OPERATION OF THE WEBSITE, POKER ROOM AND/OR SOFTWARE WILL 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; and
d. THE WEBSITE, POKER ROOM AND/OR SOFTWARE OR OTHER SERVERS ARE VIRUS-FREE.
12. LIMITATION OF OUR LIABILITY
You agree that You are free to choose whether to use the Services do so at Your sole option, discretion and risk.
12.1. We shall not 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, or any third party’s, use of the Services or the Software, 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).
12.2. We shall not 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. We are not responsible for the content contained on any Internet site linked to or from the Websites or via the Services.
12.3. We shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Services or the Software.
12.4. We shall not be liable for:
12.4.1. Any consequences of Your choice of computer equipment in availing our Services and/or the Software; and
12.4.2. Any acts or omissions of Your Internet Service Provider or other third party with whom You have contracted to gain access to the Our Services.
12.5. You agree that, 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 Sites or its contents or any error or omission in content or any other factors beyond our control:
12.5.1. We will not be responsible for any loss, including loss of winnings, that may result; and
12.5.2. 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 Us of the error and shall repay any winnings credited to Your account in error to Us (as directed by Us) or We may, at Our sole discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to You by Us.
12.6. In the event of systems or communications errors, bugs or viruses relating to account settlement or other elements of the Services or Resulting in loss of data by You or any other damage to Your computer equipment or software, clauses 12.5.1 and 12.5.2 shall also apply.
13. RESERVATION OF OUR RIGHTS
13.1. In addition to Our other reservation of rights in the preceding clauses, We reserve the right to:
13.1.2. Refuse to register any applicant for registration on the Website or the Poker Room.
13.1.3. Refuse to accept any wager on the Poker Room.
13.1.4. Change, suspend, remove, modify or add any game or tournament on the Poker Room.
13.1.5. In the event of systems or communications errors, occurring in connection with the settlement of accounts or other features components or other components of the Website, the Poker Room or the Shared Poker Room, or the Software, TO REMOVE ALL RELEVANT GAMES FROM THE WEBSITE AND/OR THE SOFTWARE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
13.1.6. Make checks on You, including credit checks, with third party credit and financial institutions, in accordance with the information You have provided Us with.
13.1.7. Offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time.
a. In connection with the specific terms of the above promotions, bonus and special offers, We further reserve the right to withhold any withdrawal amount from Your account which will be in excess of Your original deposit.
b. In addition, We reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that We suspect that you are abusing or attempting to abuse any of the following:
b.2. other promotions; or
b.3. specific policy or rules determined in respect of an existing game or a new game.
13.1.8. Transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice to You and You will be deemed to consent to such assignment.
13.1.9. Limit or refuse any bet, stake or other wager made by You or through Your account.
13.1.10. Withhold any other rights not specifically given to You or waived by Us.
13.1.11. In the event of any dispute regarding a wager or winnings, Our decision shall be final and binding, We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to Our satisfaction in order to ensure that payment of the winning amount is being made to the correct person.
13.1.13. To provide communications in paper format, but assume no obligation to do so.
14.1. You agree to receive communications from us in an electronic form.
14.1.1. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address.
14.1.2. All communications in either electronic or paper format will be considered to be in “writing” and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved the Communication.
14.2. Any notices required to be given in writing to Us or any questions concerning this Agreement should be addressed to email@example.com .
15.1. This Agreement is effective from the moment of acceptance by BY REGISTERING WITH US OR CLICKING THE “I AGREE” BUTTON BELOW and shall remain in force indefinitely unless terminated in accordance with herewith.
15.1.1. For the avoidance of doubt it is agreed that You are bound by this Agreement if You use Our Services and/or the Software in any way, including, but not limited to, initiating or making a deposit through Your Player Account or submitting Your deposit details to Us.
15.2. We may terminate this Agreement and Your Player Account (including Your Username and Password) immediately without notice if:
15.2.1. for any reason we decide to discontinue to provide the Services in general or specifically to you;
15.2.2. we believe that you have breached any of the terms of this Agreement;
15.2.3. your use of the Services has been in any way improper or breaches the spirit of this Agreement;
15.2.4. 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 blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts; or
15.2.5. for any other reason we see fit. Save for as otherwise provided herein, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
15.3. You may terminate this Agreement and Your Player Account (including your username and password) at any time by sending an email to Us at firstname.lastname@example.org, such termination to take effect upon Our termination of Your Player Account (including Username and Password), which shall occur within 7 calendar days after receipt by Us of Your email on Our servers in the Philippines, provided that You shall remain responsible for any activity on Your Player Account between sending Us an email and the termination of Your account by Us.
15.4. On termination of this Agreement You shall:
15.4.1. Discontinue the use of the Services and the Software;
15.4.2. Pay all amounts due and owing to the Company; and
15.5. The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
15.6. Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither Party shall have any further obligation to the other under this Agreement.
15.7. In the event of Our termination of this Agreement on account of Your breach of this Agreement (including the Additional Rules) We will be under no obligation to refund to You any funds that may be in Your account and You shall have no claims against Us in such regard.
15.8. If You have previously had any issue with gaming addiction, financial difficulty, or any other such issue, it is Your responsibility to refrain from opening new accounts whilst such issue is in place.
16.1. The construction, validity and performance of this Agreement will be governed by Philippine law. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
16.2. The English language version of this Agreement and of any of Our documents shall prevail over any other language version issued by Us.
16.3. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the Parties.
16.4. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
16.5. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
16.6. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
16.7. Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over Our assets, including for the avoidance of doubt on any amounts standing to the credit of Your Player Account.