Terms and Conditions of use
END USER LICENSE AGREEMENT
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1. Subject to the terms and conditions contained herein MobilePokerClub grants the User a non-exclusive, personal, non-transferable right to install and use the MobilePokerClub poker software ("Software") in order to access Our gaming and wagering services ('Services') using a personal Account.
1.2. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals using Software from jurisdictions from which it is illegal to do so. MobilePokerClub is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter.
1.3. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
1.4. The Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:
- copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- sell, assign, sublicense, transfer, distribute or lease the Software;
- make the Software available to any third party through a computer network or otherwise;
- use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an "Unauthorised Use").
1.5. The terms "MobilePokerClub", and any other trade marks, service marks and/or trade names used by Us on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of Afina Interactive N.V.. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Afina Interactive N.V. and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Services and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without Our prior written consent.
2. NO WARRANTIES.
2.1. MobilePokerClub disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
2.3. MobilePokerClub reserves the right to suspend, discontinue, modify, remove or add to the Services in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by MobilePokerClub in this regard.
MobilePokerClub retains authority over the issuing, maintenance, and closing of Users' accounts at MobilePokerClub. The decision of Our management, as regards any aspect of a User's account, use of the Services, or dispute resolution, is final and shall not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
4.1. You acknowledge that there is a risk of losing money when using the Services and that MobilePokerClub has no responsibility to you for any such loss.
4.2. You agree that your use of the Services is at your sole option, discretion and risk.
4.4. You are solely responsible for any applicable taxes which may be payable on winnings paid to you.
4.5. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Services and we shall have no liability whatsoever for any deficiencies therein.
5. PROHIBITED USES
5.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
5.2. PERSONAL USE. The Software is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with MobilePokerClub for any purpose other than for using the Services. The User must provide full and truthful information. A User may only have one account with MobilePokerClub and shall only use the Services using such single account. Furthermore a User shall not permit another person to use the Services via his account.
5.3. COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. MobilePokerClub reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, MobilePokerClub reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly MobilePokerClub shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
5.4. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Services. All actions taken in relation to the Services by a User must be executed personally by players through the user interface accessible by use of the Software.
5.5. CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Services may be permanently banned from using the Services and their account may be terminated immediately. In such circumstances MobilePokerClub will be under no obligation to refund to you any monies that may be in your MobilePokerClub account at such time.
5.6. FRAUDULENT BEHAVIOR. In the event that MobilePokerClub deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Services, including without limitation, engaging in any of the activities set forth in this clause 5 or 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, MobilePokerClub shall be entitled to take such action as it sees fit, including, but not limited to:
- immediately blocking a User's access to the Services;
- terminating a User's account with MobilePokerClub;
- seizing the funds within a User's account;
- disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
- taking legal action against a User.
5.7. Residents of the United States and United States Territories are not permitted to make deposits into their accounts or engage in real-money play. They may cash out their existing account balances. Residents of other nations are not permitted to engage in real-money play while located in the United States. Any attempt to circumvent the restrictions on play by residents of the U.S. or U.S. Territories, and by residents of other nations while located in the United States, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by MobilePokerClub to identify your location and providing MobilePokerClub with false or misleading information regarding your residence.
5.8. MONEY TRANSFER FACILITY. The following terms and conditions apply to the real money transfer facility:
- MobilePokerClub reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver.
- A sending User agrees that they may only make an account transfer to enable a receiving User to play the game and not for any other purpose.
- A receiving User agrees that they may only use the funds from an account transfer to play the game and not for any other purpose.
- Users cannot cash out funds directly received from a transfer, (refer to sub-paragraph (3) above); winnings arising from playing the game using the transferred funds that subsequently contribute to a cash out request will be reviewed in accordance with MobilePokerClub's internal controls, policies and procedures.
6.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, MobilePokerClub reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Services to such User, terminating such User's account with MobilePokerClub, seizing all monies held in the relevant account and/or taking legal action against such User.
6.2. You agree to fully indemnify, defend and hold harmless MobilePokerClub and its shareholders, directors and employees 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:
- your breach of this Agreement, in whole or in part;
- violation by you of any law or any third party rights; and
- use by you of the Services or use by any other person accessing the Services using your Login Credentials (as defined below) , whether or not with your authorization.
7. FORFEITURE & ACCOUNT CLOSURE
7.1. WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
7.1.1. You are in material breach of any of these Agreements;
7.1.2. We become aware that You have used or attempted to use the Facilities for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
7.1.3. We become aware that You have played at any other online gaming site or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
7.1.4. You have 'charged back' or denied any of the purchases or deposits that You made to Your Account; or
7.1.5. You become bankrupt or analogous proceedings anywhere in the world.
8. TERMINATION & FACILITY CLOSURE
8.1. You are entitled to block the products that we offer available to you through Your Account (“Facility Closure”).
8.2. Without limitation to section 7, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 7, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 7, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
9. LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall MobilePokerClub be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Services even if MobilePokerClub had prior knowledge of the possibility of such damages.
10. SECURITY AND YOUR ACCOUNT
10.1. Each User account shall be accessible through the use of a combination of a unique Username and a secret Password (the User ID, Password being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.
10.2. The User agrees that he/she is solely responsible for all use of the Services under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever.
10.3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
10.4. Please note that monies held in your MobilePokerClub account do not accrue interest.
10.5. You will not be able to place any bets using the Services in an amount greater than the total amount of money in your MobilePokerClub account.
10.6. You are fully responsible for paying all monies owed to MobilePokerClub. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Services provided. If by some reason your payment was not credited to your personal Account or you can’t make use of the Services, you should contact Support Team ([email protected]) to resolve this issue and if required receive a refund. You will reimburse MobilePokerClub for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
10.7. MobilePokerClub reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Services. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
10.8. MobilePokerClub 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.
10.9. Internet Gambling may be illegal in the jurisdiction in which you are located; if so, you are not authorised to use your payment card to make a deposit with us.
The User accepts that the historical data of each game shall be as recorded on the MobilePokerClub servers. In the event of a discrepancy between the cards displayed on your Software and the game records on the MobilePokerClub server the latter shall prevail. The User accepts that the "Hand History" features of the Software shall not be considered as the official historical record of any hand.
MobilePokerClub reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Services shall be deemed to attest to your agreement to any amendments to the Agreement.
13. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of Curaçao without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of Curaçao for the settlement of any disputes arising out of concerning this agreement. 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 a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
MobilePokerClub reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
16.1. No waiver by MobilePokerClub of any breach of any provision of this Agreement (including the failure of MobilePokerClub to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
16.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
16.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and Us.
16.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
16.5. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.