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These terms and conditions constitute a legally binding
agreement ("Agreement") between (a) you, the end user,
and (b) PartyPoker.com ("PartyPoker.com"), a trading
name of WPC Productions, Inc., 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 specifically set out 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
Protection and Cancellation 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 Play Money
Games and you may play the Play Money Games without betting
money. 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 you are over 18 years
of age 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 complete legal right to
play the Games. Participation in the Games is void for whomever
and/or wherever prohibited by law.
6. Artificial Intelligence.
We are committed to detecting and preventing software programs
which are designed to enable artificial intelligence (non-human)
to play on our site. Such programs are often designed to send
information about cards or players to an external program.
Information sent to an outside program is not permitted. The
company will take measures to prevent and detect the use of such
programs using methods including but not limited to screen
scraping or reading the list of currently running programs on a
player’s computer.
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 (each an “Unauthorised Person”). Similarly,
relatives of Unauthorised Persons are not permitted to register
with PartyPoker.com or to participate directly or indirectly in
any of the Games. For these purposes, the term “relative”
shall mean spouse, partner, parent, child or sibling. 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 or an affiliated entity of the 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 any part thereof 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 the 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. Play Money and Real Money Account Funding.
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. 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, if any, into
your Account for promotional purposes may only be used to play
in the Games and you are not entitled to 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 financially transact with us, i.e., to send and
receive money with us. Company reserves the right to sub
contract and use third party payment processors and/or financial
institutions ("Electronic Service Providers" or "ESPs")
to process such financial transactions. In furtherance of such
processing, you irrevocably authorize us, as necessary, 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. Further, you agree to be bound
by the terms and conditions of use of each applicable ESP, and
in the event or conflict between this Agreement and the ESP's
terms and conditions, 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 justifiable 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 any account with any ESP
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 any ESP account 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 "charged back" or denied
any of the purchases or deposits that you made to your Account;
viii. If you are found cheating or attempting to cheat,
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 or you are found to have colluded or attempted to collude
with other players of PartyPoker.com in order to defraud the
Company;
ix. If you fail to comply with any of the terms and
conditions set forth in this Agreement; OR
x. 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 x) 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
unintentionally, 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 in any
media or forum, 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 PARTYPOKER.COM. 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 legal@iglobalmedia.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. The parties submit to the
exclusive jurisdiction of the British Virgin Islands 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 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.
PLEASE PRINT THIS PAGE AND STORE FOR YOUR FUTURE REFERENCE.
IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION
RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
PartyPoker.com
Modified March 2, 2004*
*This Agreement, as released and posted March 2, 2004 is
Version 5, which modifies and replaces the prior Version 4.
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