Terms and conditions
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT THESE TERMS AND CONDITIONS AND TRANSACTION DATA AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE. WE WILL NOT FILE OUR CONTRACT WITH YOU AND SO YOU SHOULD PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW) AND WILL ONLY BE ACCESSIBLE VIA THE PARTYPOKER.NET WEBSITE.
These terms and conditions together with the Games Section, Tournaments, Promotions and any other page on PartyPoker.net that specifically relates to and governs any particular event, game or tournament, constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) ISG (Gibraltar) Limited, a Gibraltar company, at Suite 6, Atlantic Suites, Europort Avenue, Gibraltar, providing the website at www.partypoker.net ("PartyPoker.net"), (the "Company" or "we", "us" or "our" as appropriate). These terms and conditions are written and are only available in English. If these terms and conditions are translated into another language the English version will prevail.
1. Applicability of Terms and Conditions.
By playing our Games (defined below), or clicking on the "Yes/Agree" button when you install our Software and/or by acknowledging that you have read these terms and conditions when you register to join PartyPoker.net, you agree to comply with this Agreement, and you acknowledge that your failure to comply with this Agreement may result in disqualification, Account closure, forfeiture of Play Money funds and/or legal action against you, as appropriate and as further specified in this Agreement. If you have any questions as to this Agreement, we recommend that you seek independent legal advice prior to clicking on the "Yes/Agree" button when you install the software and/or before continuing with the registration process. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of our services immediately. As a consequence of this, if you accept this Agreement when registering for our services, you will not later be able to cancel your registration, although you can terminate this Agreement and close your account under section 22 below.
2. Legality of Participation in Games.
You may only participate in the Games (defined below) if you are over 18 years of age (or such other minimum legal age in the jurisdiction where you are connecting) and 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 the complete legal right to play the Games. Any participation in the Games is at your sole option, discretion and risk. Any By playing the Games, you acknowledge that you do not find the Games or PartyPoker.net to be offensive, objectionable, unfair, or indecent in any way.
3. Play Money Games.
The Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use. By registering at PartyPoker.net, you will be able to access (through our Software – defined below) both "play money" games and tournaments ("Play Money Games" or “Play for Free Games” respectively) collectively the PartyPoker.net games ("Games"). No purchase is necessary or required to play the Play Money Games, save in respect to any cost you may incur to access the internet, charged by your internet service provider or telecommunications provider, and you may play the Play Money Games without betting money. The Company reserves the right to suspend, modify, remove and/or add any Game in our sole discretion with immediate effect and without notice and the Company will not be liable for any such action.
To play at PartyPoker.net, you will first need to download and install our Software and register for an account with us (an "Account") by choosing a unique Account name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, gender, birth date and telephone number. You agree to provide only true, complete and current information and you further agree to update this information as necessary to keep it true, complete and current.
5. True Identity and One Account
The name on your Account must match your true and legal name and identity and the name on your PartyPoker.net Account. You are prohibited from holding more than one Account at PartyPoker.net and any of the websites on the Shared Game/Table Platform. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, please contact us for a replacement.
6. Rules and Procedures of the Games.
You must play the Games pursuant to the poker rules set out in the Game Rules section, and the procedures specifically set out in, Games Section, Tournaments, Promotions, and the Disconnection and All-in Policy, and any other page on PartyPoker.net that specifically relates to and governs any particular event, game or tournament.
7. Anti-Cheating Software.
We are committed to detecting and preventing software programs which are designed to enable any artificial intelligence ("AI Software") to play on our site such as, but not limited to, opponent profiling, player collusion, cheating software or anything else that we deem enables you to have an unfair advantage over other players. You acknowledge that the Company will take measures to detect and prevent the use of such programs and AI Software using methods including but not limited to screen scraping or reading the list of currently running programs on a player’s computer and you agree not to use any AI Software and/or any such programs.
8. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent of the Company or one of its group companies, or suppliers or vendors, you are not permitted to register with PartyPoker.net or to participate directly or indirectly in any of the Games (each an “Unauthorised Person”). Similarly, relatives of Unauthorised Persons are not permitted to register with PartyPoker.net or to participate directly or indirectly in any of the Games. For these purposes, the term “relative” shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
9. Copyrights and Trade marks.
The terms PartyPoker™, PartyPoker.net™ and bwin.party™ are the trade marks, service marks and/or trade names of the Company or one of its group Companies. Further, all other material on PartyPoker.net, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) belong to the Company or one of its group companies and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Company’s written permission.
You may install and use the computer programs we make available from PartyPoker.net ("Software") 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's structure, organisation and code are the valuable trade secrets of the Company and/or its group Companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with this Agreement. Save as expressly permitted by law, 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 any part of it or to create, publish or distribute derivative works from the Software. 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.
11. Shared Games, Table and Database Platform.
The Company reserves the right to run and utilise a shared table, server and database platform or system ("Shared Game/Table Platform") which enables players from PartyPoker.net to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. You agree that you may be pooled into these common game/tables, at the Company's sole discretion, and that to the extent that you breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, the Company may have you blocked, in part or full, from the entire system so that you may not play through any site or brand using or on the Shared Game/Table Platform. You are prohibited from having an account at more than one website on the Shared Game/Table Platform, whether on PartyPoker.net or any other website on the Shared Game/Table Platform.
12. Play Money Games ONLY.
"Play Money" funds have no value in and of themselves and are not transferable and exchangeable within an account. Further, such Play money funds have no value in themselves and are not redeemable for any ‘real’ currency or prize.We do not promise to accurately record the number of play money chips held by you and your play money chips may be lost at any time. Further, we reserve the right to set a maximum chip limit for play money accounts.
13. Inactive Account
If you do not access your Account by "logging in" to your Account using your Account name and password for any period of six calendar months (“Inactive”), your Account will be deemed Inactive and will be closed; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game or participate in any activity at PartyPoker.net other than logging in.
14. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated on the chat boards, Games, or otherwise by you on PartyPoker.net or with Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be reasonably required by the Company to ensure compliance including possible termination of your Account. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company's operation in any media or forum.
15. Disclosure of Account name and password.
You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. The Company shall not be required to maintain Account names or passwords although if you have lost your Account name or password, please contact us for a replacement. If you misplace, forget, or lose your account name or password because of anything other than Company's error, the Company shall not be liable.
16. Fraudulent Activities and Prohibited Behaviour.
YOU ARE STRICTLY PROHIBITED FROM OFFERING, ENCOURAGING OR ENTICING ANY OTHER PLAYER AT PARTYPOKER.NET TO PLAY (WHETHER ON PARTYPOKER.NET, ON ANOTHER WEBSITE OR FACE TO FACE) ANY GAMES FOR REAL MONEY OR OTHER REAL CURRENCY ("Prohibited Behaviour"). The Company has a zero tolerance policy towards inappropriate play, Prohibited Behaviour and fraudulent activity. If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Company or any other user of any of the Games or you are involved in Prohibited Behaviour in any way including but not limited to game manipulation, the Company reserve’s the right to suspend and/or close your Account and to share this information (together with your identity) to other online gaming sites, banks, credit card companies, and appropriate agencies.
17. Security Review.
To maintain a high level of security and integrity in the system, the Company reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you and to verify your playing of the Games and your financial transactions for potential breach of this Agreement and of applicable law. As such you authorise us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as the Company, in its unfettered discretion, may request.
18. Forfeiture and Account Closure.
18.1 THE COMPANY RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER WEBSITES AND/OR CASINOS OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY AND ANY WEBSITES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO SUSPEND YOUR ACCOUNT IF:
(i) You are in breach of any term of this Agreement; or
(ii) The Company should become aware that you have played at any other online gaming site and are suspected of fraud, collusion or unlawful or improper activity.
18.2 If after a Security Review see (section 17 above) has been performed you have either:
(i) Been found not to have been in compliance with this Agreement; or
(ii) Not provided responses satisfactory to Company in its sole discretion within any reasonable timeframe specified in a security review request or, where none has been specified, 30 days from the sending or making of the request; THEN YOUR ACCOUNT WILL BE CLOSED.
You are entitled to close your Account and terminate this Agreement at any time by sending an email and we shall respond within a reasonable period. However, you shall be responsible for activity on your Account until such closure has been effected by us. The Company is entitled to terminate this Agreement immediately on notice (or attempted notice) to you at the email address that you have provided to the Company.
You agree to hold the 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 breach of this Agreement.
21. NO WARRANTIES AND LIMITED LIABILITY.
i. YOUR ACCESS TO PARTYPOKER.NET, 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.
ii. PARTYPOKER.NET, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN PARTYPOKER.NET, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE.
iii. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF PARTYPOKER.NET, THE GAMES AND THE SOFTWARE BY YOU LIES WITH YOU.
iv. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF PARTYPOKER.NET, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID TO ACCESS PARTYPOKER.NET IN THE PREVOUS 12 MONTHS.
v. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS AND EXPENSES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF PARTYPOKER.NET, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
vi. 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.
vii. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE COMPANY MAY HAVE IN RESPECT OF FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE
22. Settlement of Disputes.
You fully accept and agree that random number generator ("RNG") software will determine the shuffling and dealing of cards and other randomly generated events required in the Games. If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result of the Game. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting therefrom and the circumstances in which they occurred.
If you have any dispute with regard to any outcome in the Games or any other activity at PartyPoker.net, you must submit your complaint to Company in writing within fourteen (14) days of the incident
This Agreement shall be governed by and construed in accordance with the laws of Gibraltar without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Gibraltar for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability. If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
We reserve the right to transfer, assign, sublicence or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment. You may not assign, sublicense or otherwise transfer or in any manner whatsoever any of your rights or obligations under this Agreement.
26. Third Party Rights.
Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available other than under that Act.
27. 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 by the Company from time to time. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant page of PartyPoker.net. Any such modification will take effect immediately upon notification by publication on PartyPoker.net. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Software following such notification will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you play. These terms and conditions and the documents referred to herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements between you and the Company.
PLEASE PRINT THIS PAGE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
Modified December 2010
Copyright (c) © 2010 ISG (Gibraltar) Limited. All Rights Reserved