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IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT
These terms and conditions constitute a legally binding agreement
("Agreement") between (a) you, the end user, and (b) PartyPoker.com
("PartyPoker.com") which is a trading name of WPC Productions,
Inc. (British Virgin Islands) and each of its officers, directors,
agents, employees, consultants, suppliers, vendors and affiliates
(collectively, "Company").
1. Applicability of Terms and Conditions.
By clicking on the "Accept" or "Continue" button, you represent
and warrant that you fully understand and agree to comply with
all of the following terms and conditions, and that failure to
abide by these terms and conditions may result in disqualification,
account closure, forfeiture of funds and/or legal action against
you. If you have any questions as to these terms and conditions,
we encourage you to seek independent counsel prior to clicking
on the "Accept" or "Continue" button.
2. Registration and the Games.
To play at PartyPoker.com, you will need to first register for
an account ("Account") by choosing a unique AccountName and password
and entering other information such as your first and last name,
address, email and telephone number. You agree to provide only
true and current information and you further agree to update this
information as necessary to keep it true and current. By registering
at PartyPoker.com, you will be able to access both play money
games and tournaments ("Play Money Games") and real money games
and tournaments ("Real Money Games"), collectively the PartyPoker.com
games ("Games").
3. Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted poker
rules and procedures as posted in the Games
Section of the PartyPoker.com website, as well as other sections
of the PartyPoker.com website and Software, including but not
limited to How to Play,
Table Stakes, Tournaments,
and Disconnection
and All-in Policy, and any other page that governs any particular
event, game or tournament, all of which are specifically incorporated
herein by way of reference.
4. Limited Use.
The Games are for entertainment only, and your participation in
the Games is solely for your own personal enjoyment and non-professional
use. You agree to keep your Account information secret and confidential
and to not allow anyone else to use it. No purchase is necessary
or required to play the Games. You may play without betting money
if you wish. Any participation in the Games is at your sole option,
discretion and risk. By playing the Games, you acknowledge that
you do not find the Games or PartyPoker.com to be offensive, objectionable,
unfair, or indecent. Any other entrance, access, or use of PartyPoker.com
is strictly prohibited.
5. Legality of Participation in Games.
You may only participate in the Games if it is legal for you to
do so according to the laws that apply in the jurisdiction from
where you are connecting. You understand and accept that Company
is unable to provide you any legal advice or assurances and that
it is your sole responsibility to ensure that at all times you
comply with the laws that govern you and that you have complete
legal right to play the Games. Participation in the Games is void
for whomever and/or wherever prohibited by law. Moreover, Company
requires that you be at least 21 years of age to play the Real
Money Games.
6. Play Money Games.
For those under the age of 21, or connecting from jurisdictions
where playing in the Real Money Games is prohibited, you may register
at PartyPoker.com provided however, that you agree to only play
the Play Money Games with the play money funds that will be added
to your Account by Company without cost to, or consideration from,
you. Play money funds are kept separate from bona fide (real)
money funds and are not transferable or exchangeable within an
Account. Further, such play money funds have no value in and of
themselves and are non transferable nor redeemable for any bona
fide currency.
7. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent
of Company or one of its affiliated or subsidiary companies, or
suppliers or vendors, you are not permitted to register with PartyPoker.com
or to participate directly or indirectly in any of the Games.
Any person found to have violated this section will not be entitled
to collect any winnings.
8. Copyrights and Trademarks.
The terms PartyPoker, PartyPoker.com, PartyPoker Million and PartyPoker.com
Million are the trademarks, service marks and/or trade names of
Company. Further, all material on PartyPoker.com, including but
not limited to images, pictures, graphics, photographs, animations,
videos, music, audio, text, and the Games belongs to Company and
is protected by copyright law. You obtain no right to use such
terms, graphics, text, concepts or methodologies, by using PartyPoker.com
and the materials contained therein and/or herein.
9. Software.
You may install and use the computer programs ("Software")
available from PartyPoker.com on a hard disk or other storage
device and make backup copies of the Software, provided that such
use and backup copying is only for your own personal use for participating
in the Games in accordance with this Agreement, and further, that
such installation and use is made through a computer of which
you are the primary user. The Software is owned by Company and/or
its licensors, and its structure, organization and code are the
valuable trade secrets of Company and its licensors. The Software
is protected by copyright law and International Treaty provisions,
and you obtain no rights to the Software except to use it in accordance
with this Agreement. You are strictly prohibited from, and agree
not to modify, adapt, translate, reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of
the Software or to create, publish or distribute derivative works
from the Software. The Software is licensed and distributed by
Company solely for the purpose of enabling end users of the Software
to fully utilize the Games. You may use the Software for online
play only on Company's servers. You agree not to create or provide
any means (including, without limitation, emulators) through which
the Software may be used by others, except for online play on
Company's servers. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner
prohibited by any applicable laws, restrictions or regulations.
10. Shared Table and Database Platform.
Company reserves that right to
run and utilize a shared table, server and database platform ("Shared
Table Platform") which enables players from PartyPoker.com to play with
players coming into the games, tables and tournaments from other sites
and brands to the same Shared Table Platform so that the players may be
pooled into common tables regardless of which site or brand they may
have entered from. In such event, you agree that you may be pooled into
these common tables, at Company's sole discretion, and that to the
extent that you breach the terms and conditions of one site or brand,
Company may have you blocked, in part or full, from the entire system so
that you may not play through any site or brand. Further your play
patterns, personal data, depositing limits and history may be calculated
and shared across the system to counter fraud, over-depositing and other
matters, as Company shall decide in its sole discretion.
11. Depositing Funds.
To play the Real Money Games, you will be required to deposit
bona fide funds into your Account by any of the methods specified
at PartyPoker.com, which may change from time to time in Company's
sole discretion. Generally, said funds will be promptly deposited
into your Account upon actual receipt of funds by Company and/or
its agents. Minimum and maximum limits apply to deposits depending
upon your history with PartyPoker.com, the method of deposit,
and other factors as determined solely by Company. All funds will
be paid, tracked and maintained in United States Dollars, except
as otherwise stated, and shall not bear interest.
12. Bonuses.
Complimentary or bonus amounts credited by Company into your Account
for promotional purposes may only be used to play in the Games
and you are not entitled to Deposit or withdraw such amounts without
first complying with the additional terms and conditions set forth
in each bonus offering, and if none, then the terms and conditions
set forth on the Standard
Promotional Offer Terms and Conditions are by way of reference
specifically incorporated herein. Further, Company reserves the
right to reclaim any bonus amounts if you do not use them within
the period of time specified.
13. Cash Outs.
Your account balance ("Account Balance") is the amount
of real money deposited to your Account to access the Real Money
Games, plus or minus any accrued winnings or losses from playing
the Games, less any amounts previously cashed out by you or amounts
forfeited or reclaimed by Company. You may request to cash out
and withdraw any or all of your Account Balance at any time and
there is no requirement to play the Games in order for you to
make such request. All amounts cashed out are subject to the transaction
limits and processing fees as set forth at PartyPoker.com and
may change from time to time in Company's sole discretion. Further,
Company may report and withhold any amount from winnings as required
by law, and in any event, all federal, state and local taxes due
in connection with any winnings awarded to you are your sole liability.
In no event may Account Balances be transferred, substituted or
redeemed for any other prize. Payment of funds cashed out shall
be made by check, wire, credit card and/or any other manner which
Company selects in its sole discretion. Payments will be made
as promptly as possible, subject to any reasonable necessary security
reviews by Company.
14. Electronic Service Provider.
As stated, in order to play the Real Money Games, you will be
required to send and receive financial transactions with Company.
Company reserves the right to sub contract our obligations to
process such deposits and related financial transactions to third
party service providers ("Electronic Service Providers"
or "ESPs"). You irrevocably authorize us to instruct
such ESPs to handle account deposits and cash outs from your Account
and you irrevocably agree that Company may give such instructions
on your behalf. The ESPs is accessed each time you use the cashier
at PartyPoker.com. The ESP which currently handles Company's financial
transactions is ezEcash.com International Inc. ("ezEcash").
In the event of conflict between this Agreement and ezEcash's
terms and conditions or that of any other ESP, then this Agreement
shall prevail.
15. Security Checks and Review and Releases.
To maintain a high level of security, Company reserves the right
to conduct a security review at any time to validate your identity,
verify your financial transactions and further document your consent
to this Agreement. To facilitate these security checks, you agree
to provide such identification or other information or documentation
as Company, in its unfettered discretion, deems necessary. If
you fail to comply with any security request, Company reserves
the right to void your Account. You will be notified of such verification
request by electronic mail and Account Balances will be forfeited
if you do not sign and return any required affidavit of identity
and eligibility, release of liability and/or publicity authorization.
16. Abandonment of Account Balance.
The Company reserves the right to cancel your PartyPoker.com account
for any reason whatsoever at any time without notice to you. If
you do not access your PartyPoker.com account by "logging
in" to your Account by using your AccountName and password
for a period of one hundred and eighty (180) days, your Account
will be closed and the entire Account Balance will be deemed abandoned
and forfeited; provided however, such requirement for log-in and
entry is not and does not constitute any requirement whatsoever
for you to play any Game, deposit funds or participate in any
activity at PartyPoker.com other than logging in. For the avoidance
of doubt, pursuant to this section, Company may also close your
ezEcash account as well as any ESP account which you have.
17. Forfeiture, Account Closure and Confiscation.
Company reserves the right, in its unfettered discretion, to void
any winnings and confiscate any balance in your PartyPoker.com
account (and ezEcash account as well as any other ESP or Company
related account including other websites and casinos owned or
operated by Company) in any of the following circumstances:
i. If you have more than one active account at PartyPoker.com;
ii. If the name on your PartyPoker.com account registration
does not match the name on the credit card(s) or other payment
accounts used to make purchases at PartyPoker.com;
iii. If you participate in a PartyPoker.com promotion
and withdraw before fulfilling the requirements of that particular
promotion;
iv. If you provide incorrect or misleading registration
information;
v. If you are not of legal age;
vi. If you connect from a jurisdiction where participation
in the Games is prohibited by law;
vii. If you have allowed or permitted (intentionally or
unintentionally) someone else to use your Account;
viii. If you have not played at the PartyPoker.com on
an individual basis for personal entertainment only (that is,
you have played in a professional sense or in concert with other
player(s) as part of a club, group, etc.);
ix. If you have "charged back" or denied any
of the purchases or deposits that you made to your Account;
x. If you are found cheating or if it is determined by
Company that you have employed or made use of a system (including
machines, computers, software or other automated systems) designed
specifically to defeat the system;
xi. If you fail to comply with any of the terms and conditions
set forth in this Agreement; OR
xii. If Company should become aware that you have played
at any other online gaming site under any of the circumstances
set out at i) to xi) above.
18. Disclosure to Third Parties.
You agree to keep your Account secret and confidential and to
not allow anyone else to use it. If you intentionally or intentionally,
directly or indirectly, disclose your AccountName and password
to another person, and such disclosure results in a third party
participating in the Games using your AccountName and password,
such participation shall be valid, and you will not be refunded
any resulting losses at PartyPoker.com, regardless of whether
or not the third party had your consent or not. The Company shall
not be required to maintain AccountNames or passwords if you misplace,
forget, lose, or are otherwise unable to enter PartyPoker.com
because of anything other than Company's error.
19. Indemnity.
You agree to hold Company, its employees, officers, directors,
licensees, licensors, affiliates, and subsidiaries harmless and
further agree to fully indemnify them from any and all costs,
expenses, liabilities and damages whatsoever that may arise as
a result of your entry, use, or reuse of PartyPoker.com, participation
in the Games, or acceptance of any cash payoff.
20. Suspension, Modification, Removal and Addition of Games.
The Company reserves the right to suspend, modify, remove and/or
add any Game in its sole discretion and without notice. In the
event of such suspension, modification, removal or addition of
any Game for any reason, Company will not be liable.
21. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated in the multi-player
Games or with Company staff. Any violation of this policy will
result in a suspension of playing privileges or such other action
as may be required by Company to ensure compliance.
22. Confidentiality and Privacy Principals.
The Company is committed to protecting your personal information
and respecting your privacy in accordance with best business practices.
By disclosing your personal information to Company, you consent
to the collection, storage, transfer and processing of your personal
information for the purpose of completing your Account related
transactions and for Company's internal administration and analysis.
Further, to provide you with better service, Company will collect
information from you through various technologies, including the
use of cookies, and may inform you of changes, new services and
promotions that Company determines you may find interesting. Moreover,
Company has the right to access and disclose your information
as necessary to properly operate Company systems, protect Company
and other end users, and to comply with any regulatory or governmental
requests. Because of the complex and constantly changing nature
of our technology and business, Company does not guarantee error-free
performance regarding the privacy of your personally identifiable
information and Company shall not be liable for any incidental,
consequential or punitive damages relating to the use or release
thereof. By accepting any prize and/or winnings from Company,
you consent to the use of your name and/or likeness for advertising
and promotional purposes without additional compensation except
where prohibited by law.
23. Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have cheated
or attempted to defraud the Games, PartyPoker.com or Company in
any way including but not limited to game manipulation or payment
fraud, or if you make untrue and/or malicious comments with regard
to Company's operation, Company reserves the right to publicize
your actions together with your identity and e-mail address, as
well as to circulate this information to other online gaming sites,
banks, credit card companies, and appropriate agencies. Further,
Company may close any accounts, and forfeit account balances,
that you have at PartyPoker.com or at any other Company website,
casino and/or business.
24. NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO PARTYPOKER.COM, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION
IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE
COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS
BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT
INTENDED BY THE COMPANY. PARTYPOKER.COM, THE GAMES AND THE SOFTWARE
ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY
DOES NOT WARRANT THE FUNCTIONS CONTAINED IN PARTYPOKER.COM, THE
GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR
OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK
AS TO THE USE QUALITY AND PERFORMANCE OF PARTYPOKER.COM, THE GAMES
AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY
TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR
USE OF PARTYPOKER.COM, THE GAMES OR THE SOFTWARE, WHETHER FOR
BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT,
IF ANY, YOU PAID TO ACCESS STARLUCK. THE COMPANY WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR
YOUR USE OF PARTYPOKER.COM, THE GAMES, OR THE SOFTWARE, HOWEVER
THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF
THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE
SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER
DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, COMPANY
IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR
SYSTEMS.
25. Settlement of Disputes.
You fully accept and agree that the random number generator ("RNG")
software will determine the outcome of the Games. Further, in
the event of a discrepancy between the result showing on the Software
and the gaming server, the result showing on the gaming server
shall be the official and governing result of the Game. Moreover,
you understand and agree that PartyPoker.com and Company records
shall be the final authority in determining the terms of your
participation in the Games, the activity resulting therefrom and
the circumstances in which they occurred.
26. Notices.
If you have any dispute with regard to any outcome in the Games
or other activity at PartyPoker.com, you must submit your complaint
to Company in writing within fourteen (14) days of incident by
email to info@partypoker.com and, if unsatisfied with the response,
then to admin@partypoker.com.
27. Governing Law.
This Agreement shall be governed by and construed in accordance
with the laws of the British Virgin Islands without giving effect
to conflicts of law principles. This Agreement will not be governed
by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its terms.
28. Entire Agreement, Modification and Amendments.
You fully understand and agree to be bound by the terms and conditions
contained herein and as modified and/or amended from time to time.
PartyPoker.com reserves the right to modify and amend this Agreement
at any time with or without notice. Such amendments will become
effective immediately upon being posted at PartyPoker.com. It
is your sole responsibility to review this Agreement and amendments
hereto each time you play. The terms and conditions contained
herein represent the complete and final agreement between you
and Company and supersede any and all prior agreements, representations
or statements made by Company.
//
PartyPoker.com
Modified November 14, 2002*
*This Agreement, as released and posted November 14, 2002 is Version 3,
which modifies and replaces the prior Version 2.
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