TERMS AND CONDITIONSfor www.machopoker.com (“the Site”) website
1. INTRODUCTIONS TO THE COMPONENTS OF THE TERMS AND CONDITIONS
1.1 Anyone using and/or visiting any section of the Site, or by opening a “Member Account” at the given company of the “Service Provider” through the Site, (according clause 2. set forth in the Term and Conditions) agrees that the following stipulations are binding:
1.1.1 general Terms and Conditions found on the Site, as well as
1.1.2 the rules for Privacy and security; and furthermore hereby agrees to use electronic communications to enter into this agreement, and within the admissible legal frameworks in place forfeits all rights for which a hand-written signature Is required. These Terms and Conditions shall not infringe on any rights guaranteed by law.
1.2 In addition, when playing the game on the Site, the following stipulations are binding:
1.2.1 Any rules or requirements displayed on the Site, under “Rules”, “Game Rules”, “House Rules”, “Tournament Rules” and/or other rules or requirements;
1.2.2 membership requirements and/or rules, which regulate campaigns, bonuses, special offers under “Campaigns, “”Offers”, “Bonuses” or any similar section of the Site;
1.2.3 rules and/or conditions governing the exchange of game chips or section entitled “Exchange”, under “Shop”, “Exchange Chips”, and/or similar sections of the; furthermore
1.2.4 any further end-user terms that require your consent to download and/or install a given software.
1.3 The clauses laid out above, 1.1 and 1.2 terms combined are defined as the “Terms and Conditions”.
1.4 Before agreeing to the Terms and Conditions, please review them well. After agreeing to the Terms and Conditions, please print and keep them on file, along with all e-mail correspondence about the use of the Site, additional conditions, transaction data, game rules, and payment types. Please keep in mind that Terms and Conditions may change from time to time, as stipulated in clause 3.
1.5 In case you do no accept and wish not to be bound by the Terms and Conditions, do not open a Member Account and/or do not keep using the Member Account. Continuing to use the Member Account means the acceptance of Terms and Conditions that are currently being used.
1.6 Terms and Conditions governing the agreement between you and the company of the “Service Provider” are defined by the following clauses under 2., from the effective date of May 1st, 2010.
GENERAL TERMS AND CONDITIONS
2. THE PARTIES
2.1 Terms and Conditions are effective between you and the company of the Service Provider:
2.1.1 Modern Kft.
2.2 Any reference in the Terms and Conditions to “us”, “ours”, or “we” refer to the company of the Service Provider with which you come into agreement, as defined above; or in case the Terms and Conditions apply to financial transactions on your account from time-to-time, then to any Service Provider company that retains money as the financial trustee or asset manager; and furthermore (where applicable) these include our agents, partners, and solution providers.
2.3 In order to avoid confusion, Terms and Conditions are valid for the entirety of the Site. And you have to always make sure that you are using the Site according to the Terms and Condisitons.
3. CHANGES IN THE TERMS AND CONDITIONS
3.1 It may happen that for any reason whatsoever the Terms and Conditions may change or be amended, including (but not limited to) business reasons; and /or to conform to legal regulations; and/or to comply with mandates, recommendations, or suggestions of governing bodies; and/or for reasons of customer support. The mosr recent Terms and Conditions can be found on the bottom of the Site, under the link “Terms and Conditions” and their effective date can be found under clause 1.6 of the Terms and Conditions.
3.2 When we wish to intitute changes in the Terms and Conditions where we feel we need to inform you, we would notify you in the following manner:
3.3.1 Via regular post; and/or
3.3.2 Via e-mail (to the e-mail you provided, if available); and/or
3.3.3 Via a notification displayed on the Site.
3.4 If any change is unacceptable to you, you can cancel the use of the Website , and / or close the Account pursuant to paragraph 12 of the Terms and Conditions . If you continue to use any part of the Website after the effective date when the Terms and Conditions takes effect, will you accept the modified Terms and Conditions as binding, including (for the avoidance of doubt) data additions for the Parties, and/or removals thereof, and/or substitutions, pursuant to clause 2.1 of the Terms and Conditions 2.1 thereof, regardless of whether the modified Terms and Conditions have been read or acknowledged.
3.5 The Terms and Conditions may be modified through a warning message placed on the Site; which are followed by an invitation to accept the new Terms and Conditions. In this process, you may confirm acceptance by clicking on the "Yes " or " I accept" button on, or checking the box, or in another manner that is presented on the Site. and checking the other way. If confirmed, it means that the modified Terms and Conditions have been accepted and ate binding.
4. OPENING AN ACCOUNT
4.1 You need to open an Account ("Account") on the Site and at the Service Provider in order to participate in the games.
4.2 In order to open yuor Account that is required to use the Site, follow the instructions under "Registration " or instructions under similar references on the Site.
4.3 Your Account is maintained by the company with which you entered into a contract in accordance with the relevant clause 2.1, but in some cases the same group of other companies may also mainten the account as a Service Provider for for itself and on its own behalf and/or on behalf of the respective companies with whom you signed the contract.
4.4 While opening your Account, you may be asked to enter personal data, including name and date of birth; as well as contact information, including address, phone number and e-mail address ("Contact Information"). You may modify your contact information through the Site or by getting in touch with customer support.
4.5 If you do not want your Contact Information to be used by us and our business partners, and to provide you with marketing information about us or our business partners' goods, products, or services, then please indicate this to us via e-mail address.
5. VALIDATING YOUR IDENTITY; TERMS ABOUT MONEY LAUNDERING
5.1 You guarantee that::
5.1.1 you gave a valid name and address when opening the Account; and
5.1.2 you are the rightful owner of all money deposited in your Account at all times. Acceptance of the Terms and Conditions authorize us to carry out inspections from time to time for us or for third parties (including but not limited to regulatory bodies) for the purpose of confirmation of the facts ( the "Inspections"). You agree that upon our request, from time to time, you may need to provide additional information for the data that you have provided, or in connection with your deposits placed on your Account.
5.2 On account of the Inspections carried out from time to time, we may restrict the claiming of gifts from your Account, and/or may restrict access to certain parts of the Site. Kindly note that due to laws, security or other business reasons, we may occasionally carry out the Inspections again. In case such restrictions cause you problems, please contact our customer service.
5.3 In some circumstances, we will need to contact you directly and we might ask you to provide additional information in order to undertake the Inspections. In case you cannot provide us with this information, your Account may be suspended until such time as you provide the data and/or your Account may be temporarily closed.
6. USERNAME, PASSWORD, AND CUSTOMER DATA
6.1 After opening an account, all reasonable steps should be taken to avoid the disclosure (intentional or accidental) of your user name, password and/or account number to a third party. Every transaction is considered to be valid during which the user name, password and/or account number was correctly entered, regardless of whether the transaction was authorized by you, and we are not responsible with regards to complaints in case you have given your username, password and/or account number to others.
6.2 If you have lost or forgotten your Account details, please contact our Customer Service immediately for replacement. You may find contact details on the Site.
6.3 By entering your personal information (username, avatar, game statistics, screenshots, and other data related to the user) on the Site, you agree that this data may be used for promotional purposes on Machopoker.com and other closely related pages.
7. VIP SUBSRCIPTION, GETTING FUN CHIPS, AND GIFTS
7.1 If you you wish to participate in VIP services through the use of the Site, you will need to subscribe to a VIP subscription. The amount used to cover the VIP subscription cannot be used in the games in any way, it can only be used for VIP membership. The amount for VIP subscriptions has no connection whatsoever with the FUN chips received in the game.
7.2 If you wish to acquire FUN Chips through the use of the Site, you can do so by selecting a package of FUN Chips in the game . FUN Chips can only be used for FUN services in the game, and do not represent any value outside of the game.
7.3 In addition, you agree not to seek refunds, reversals, chargebacks, or in any other manner require the reimbursement of amounts paid for services and products you find on the Site and related games. In case of such occurrences, you agree to reimburse the unpaid amounts, including the expenses incurred in the course of your reimbursement.
7.4 During the course of participating in the game through the Site, players receive bonus points. Bonus points can be exchanged for tournament entries, VIP membership, or to claim prizes from the bonus store. These prizes are dispatched by mail, where postage is paid by the Service Provider. There is no correlation orconversion option between FUN chips and bonus points.
7.5 You are responsible for the declaration of gifts received through the use of the Site, in case local laws, or tax authorities require so.
8. LEGAL USE OF THE SITE
8.1 You are responsible for knowing the valid laws of your country of residence with respect to the use of the Site. You have to make sure that you are acting lawfully when you open your Account or use the Site under the laws that apply to you. You consent and therefore warrant that you are acting in full knowledge of these laws.
9. GAME ON THE SITE
9.1 In order to take part in FUN or VIP games through the use of the Website, you must log in. VIP services are only available if you have a valid VIP subscription.
9.2 You are responsible for verifying the correctness of your data before you confirm it during the claiming the of the gifts received through VIP services.
9.3 The history of gifts successfully claimed is available in the game through the Site.
9.4 We reserve the right to refuse the redemption gifts, or the crediting of FUN chips and/or VIP subscription in whole or part requested by you via the Site if you are in breach of the Terms and Conditions. We do not accept the transaction as valid until you receive an instant message confirmation on the screen. If you do not receive a confirmation of the acceptance of the transaction, it may be that its acceptance on our part was not successful.
9.5 After the confirmation from our side has been sent, you cannot cancel the transaction unless we consent to the cancellation.
10. REMOTE GAMING
10.1 The following should be taken into account when using electronic communications to play:
10.1.1 You may be using slower internet connection or equipment than others and this may affect the performance of the games though the Site, in the case where time plays an important role;
10.1.2 You may run into system erreors, malfunctions and failures, including interruptions of the service which will be discussed under clause 17. (IT Failures).
10.1.3 The rules for events and games available on the Site are available on the Site and you need to study them before using the products offered on the Site.
11. COLLUSION, FRAUD, UNETHICAL BEHAVIOR, AND CRIME
11.1 We are not responsible for the losses and damages that you or other players may incur or as a result of collusion, fraudulent or illegal activity or fraud, or as a result of activities carried out by us under our own perogatives in relation to such activities.
11.1.1. Getting Chips is only permitted via the Operator of the Site. The sale of FUN Chips between players is strictly prohibited, and will result in immediate and permanent disqualification from the use of the Site and the games.
11.2 If you suspect that collusion, fraud and/or fraudulent activity is undertaken by anyone, please e-mail or phone our customer service within an hour.
11.3 You warrant that you are in no way involved, or in contact with collusion, fraud or fraudulent activity, or crime of any kind in connection with accessing or using the Site. Violation of the provisions of this paragraph constitutes a serious violation of our Terms and Conditions.
11.4 Inasmuch as
11.4.1 we have reasonable cause to believe that
126.96.36.199 you have participated in or had contact with collusion, fraud, fraudulent activity, or crime of some other form; or
188.8.131.52 you have gained an unfair advantage through bets made game played against us or third parties participating in the game; or
184.108.40.206 collusion, fraud, fraudulent activity, or crime of some other form took place while playing; or
11.4.2 you might have participated in collusion, fraud or fraudulent activity (including refunds) or any other crime, offense, or irregularity; or
11.4.3 you are responsible for offering "rebates”, or have refused purchases and deposits paid to the Account; or
11.4.4 you are bankrupt or are facing similar procedures in any part of the world, In such cases, we reserve the right to suspend your Account for an indefinite period and/or to withhold all or part of the balance of the Account; to close your Account, and/or terminate the Terms and Conditions; and/or to deduct from your Account the amount of the payments, bonuses or prizes that relate to the situations set forth in subclause 11.4.1 and provisions of clause 11.4.4 (inclusive).
11.5 Under the definitions of clause 11.4.1:
11.5.1 our suspicion is based on best practices emplyed by the gaming industry to uncover cases of collusion, fraud or fraudulent activity, or any other crime, offense, or irregularity, as well as the practices of our partners and other third-party providers;
11.5.2 "unfair practices " include cases where you or any other person uses stolen, copied or illegal credit or debit cards as a source of funds in the same game at any time;
11.5.3 “crime” includes money laundering; and
11.5.4 "unfair advantage" includes: taking advantage of gaps and errors in our software (including the game) ; using automatic players ('bots'); as well as exploitation of “Errors” under clause 18.1..
11.6 Where, pursuant to clause 11.4 on the basis of clause 11.4.1, our rights come under enforcement, we will conduct a thorough investigation in connection with the suspected case (which can happen after the initial suspension of your Account, or the retention of the balance in your Account, whichever applies) in accordance with our commonly used practices, and based on our satisfaction, under the timelines set by us. We undertake to do our best to ensure that - while complying with applicable laws and regulations – we enforce our rights vis-a-vis you and other customers in a fair manner set forth in this paragraph.
11.7 We reserve the right to notify the relevant authorities, other online gaming and gambling service providers, banks, credit card companies, electronic and/or online payment providers, and other financial institutions of your identity and the suspected unlawful, fraudulent, unethical, or illegal activities, and you agree to fully cooperate with us in relation to the investigation of this type of activity.
11.8 An independent legal entity may only register a single username on the Machopoker.com Site, and is only allowed to use the services on the Site with the member Account that he/she registered. Violating this rule constitutes a severe breach of the Terms and Conditions, and entails sanctions found under the section entitled "CLOSURE AND TERMINATION INITIATED BY US".
11.9 A user commits unfair or unethical behavior when he/she harasses others, violates human dignity, or uses obscene speech when using the Service. In such cases, the Service Provider decides whether to initiate full or partial, temporary or permanent disqualification from the game against the perpetrators.
12. CLOSING YOUR ACCOUNT; TERMINATION OF TERMS AND CONSITIONS
• CLOSURE AND TERMINATION INITIATED BY A USER
12.1 At any time, by giving advance notice of at least four working days, a user is entitled to close his/her Account, or respectively to terminate the Terms and Conditions, provided that the Account does not show a debt to us. In this case you need to contact us, and should clearly describe the following:
12.1.1 indicate that you intend to terminate your Account; as well as
12.1.2 describe the reason for terminating the Account, especially when it is due to the level of use.
12.2 Upon your request, we will respond within a reasonable period of time, during which time we can confirm the closure of your account and the date of the closing, so long as you remain liable for all activities that occur under your account until the closure of your Account.
12.3 If your account was shut down, in some cases it can be re-opened with the same Account information, if you appy for it. In such circumstances - while the previous data corresponds to the new under the same Account – the current Terms and Conditions will apply in force when the Account was re-opened; former rights (including, but not limited to bonuses and winnings) will lose their validity.
• CLOSURE AND TERMINATION INITIATED BY US
12.4 We are entitled to close your Account and terminate the Terms and Conditions via a notice in writing (or attempted notice) to you using your contact information.
12.6 If we are to close your Account and terminate the Terms and Conditions in accordance with clause 11. of Terms and Conditions (collusion, fraud , fraudulent behavior or crime), or respectively with clause 20. (violation of the Terms and Conditions), the Account balance is not refunded and you will lose it. Closing the Account and termination of the Terms and Conditions - if it does not happen under the general Terms and Conditions pursuant to clauses 11. or 20. - does not affect any outstanding bets, provided that the outstanding bets of this kind are valid and not in no way constitute a violation of the Terms and Conditions.
12.8 The Account will not be credited with bonuses, or respectively, claiming of Gifts, while the Account is suspended, or after the closure date (according to Terms and Conditions, or in response to your request).
13. ACCESSING AND USING THE SITE
13.1 You are solely responsible for the computer equipment, telecommunications networks as well as the maintenance and insurance of the Internet connection necessary to access the Site. We bear no responsibility whatsoever for for losses you incur from Internet or any other telecommunications network operators by accessing the Site.
13.2 Under no circumstances can you use the SIte for purposes that are defamatory, offensive, obscene, illegal, racist, sexual or discriminatory, or of this nature, or respectively, can be classified as of such nature, or that may cause a conflict. Use of offensive and aggressive language or images is prohibited; Scolding, threatening, harassing, and/or slandering individuals, or any other person, through the Site is also prohibited; respectively, you must not behave in this way thowards customer support, help desk, and support staff, who are at your disposal.
13.3 You may not engage in corrupt activities on the Site, nor canyou flood the Site with information to prevent its operation or a specific function on the Site, or which in any way affects the operation of the Site, such as (but not exclusively including) attacks from viruses, worms, logic bombs or similar malware. Multiple repetitons, duplicate entries, or "spam " is strictly prohibited. It is prohibited to affect, remove or otherwise alter in any form information stored on the Site.
13.4 The Site can only be used for personal entertainment, respectively, the use of the Site and access to it is prohibited without our express consent, and respectively copying the whole or part of it, including the establishment of links pointing to it.
13.5 Due to a number of legal and business reasons, we reserve the right to restrict access to the Site for customers, who are the within the scope of certain jurisdictions and authorities.
13.6 You fully indemnify us, our officers, management, directors, our employees, agents, subcontractors and suppliers (including, but not limited to the software provider) for all losses, costs, expenses, claims, demands, liabilities and damages related to (including legal fees) that you caused and which took place in conjunction with any of the following:
13.6.1 use of the Site by you or others, with your username and password; and/or
13.6.2 breach or vialotaion of any clause or provision of these Terms and Conditions.
14. RULES OF BETTING AND THE GAME
14.1 Many terms and rules are used in sectors related to betting and gaming. Where it was possible, we have provided a collection of terms and explanations of the rules of the game on the Site. are often used for toys . If you have any doubts about a specific term, you should have a look in the collection for the relevant part of that game in which you are participating. If you still have doubts, you can contact our customer service, and refrain from taking part in game, until you do not sufficiently understand their meaning. We take no responsibility if you participate in games on, use products offered by the Site, without understanding the terms and rules of the game.
14.2.1 Competitions: taking part in competitons on MachoPoker is free of charge. Condition of entry is an age of at least 18 (eighteen). If the winner does not meet this criteria, he/she is not eligible to win the prize, and the prize will be awarded to the next person on the list of winners, until the forst eligible winner is found. Prizes are dispatched by post or in the case of digital goods via e-mail. Cost of dispatch if any is borne by the organizer of the competition.
14.2.2 If for any other reason the winner is not eligible to claim the prize, for example due to international restrictions on shipping or using digital services, the prize will be forfeit.
14.2.3 Prizes must be claimed by winners in order for dispatch to take place. If the winner does not claim the prize by entering their contact e-mail and shipping address, the prize will be forfeit.
14.2.4 If a winner doesn't claim the prize for a period of three months (90 days) from the awarding of the prize, the prize will be forfeit.
14.2.5 A winner is eligible to win a single competition type, including but not limited to Poker tournament, VIP Poker tournament, Veteran Poker tournament, BonusPoint Poker tournaments, Slot tournaments, VideoPoket tournament, only once. In this case, the prize will be forfeit.
14.2.6 Notwithstanding the previous clauses regarding competitions, awarding prizes is always the sole discretion of the competition organizer.
14.3 MachoPoker may from time to time request the submission of a photograph from winners, the contents of which could be the winner and the prize itself. MachoPoker may offer free services as compensation for the submission. By the act of submission, the winner agrees that MachoPoker is free to use the photograph on the Site or any of its pages.
15. CHANGES IN THE SITE
We reserve the right to amend or supplement the products offered on the Site/game in oder to ensure the viability of the Site/game, anytime,and through our exclusive competence, as well as to change the price of products on the Site/game where these amendments do not affect the games and/or bets already in progress. We may from time to time restrict access to certain parts of the Site due to Site maintenance and/or the modification or supplementation of the products offered through it.
16.1 It may be necessary to provide software ("Software") insured by third parties to ensure that the products offered through the Site can be used, especially for poker products.
16.2 Under these circumstances, we can request the end-user acceptance of the Terms and Conditions regarding third-party software (" third-party software Agreement"), in order to use the specific software. In any cases of deviation between the agreement about the software provided by third parties and the Terms and Conditions, the Terms and Conditions shall prevail. The following can be included in agreements for third-party software:
16.2.1 MGAME Solutions Corporation – for downloading the poker software.
16.3 Software provided by us or a third party must not be influenced, modified, reverse engineered, nor can any attempt be made to do so, unless it is permitted by law.
17. IT - ERRORS
17.1 If unexpected system failures, mistakes and errors occur in the operation of the Site software and hardware, we can take immediate steps to resolve the issue. Where such a system error, mistakes and/or errors interrupt the game where you or other players cannot continue from exactly the same position without losses, all reasonable steps will be made by us ensure that we procedd in a fair manner.
17.2 We assume no responsibility for any kind of IT failures, causes by devices used by you or other players to access the Site, or respectively as a result of errors caused by your or other players' ISP's.
18. ERRORS AND OMISSIONS
18.1 A number of conditions may occur, where we mistakenly accept a bet or wager, or respectively send a pay out. The list of these conditions without limitation:
18.1.1 where we wrongly show requirements of bets, resulting from obvious errors and omissions occurring during the loading of information or from computer malfunctions;
18.1.2 an error on our part where you are allocated an amount of free chips, including manual or computer input errors (collectively, 'settlement errors') , the name of any of these conditions is "Errors".
18.2 We reserve the right to correct Errors that occur when placing wagers, and to make restorations to the right conditions that existed, or which should have existed throuhg the Service Provider (excluding publishing errors) at the time the bet placement, and the bet is deemd to have taken place under the conditions that are customary for a given bet.
18.3 Neither our company (including our employees , or respectively, our agents ) nor our partners, or respectively, our service providers, are responsible for losses arising from Errors caused by you, including the loss of prizes. The consequence of this type of error is the forfeit of any winnings/losses created as a result of such Errors.
18.4 Wherever you used chips credited to your Account due to errors, or have received chips due to errors, and then used these chips to play, then we reserve the right to ban such games and/or to withold such chip amounts, prizes, and/or gifts wo as a result of using thesechip amounts; if we have made a a payment to you us, then these sums of money, or the value of prizes claimed shall be retained by you as a deposit and you obliged to repay it immediately upon our request.
19. EXCLUSION OF OUR LIABILITY
19.1 It is your exclusive choice to access products offered through the Site, you do so at your own discretion and risk. We do not take responsibility for the attempted use of the Site, if you use undesirable methods or means to access it.
19.2 Under the Terms and Conditions, we provide the Site with sufficient and reasonable properties and maintenance. We make no other promises with respect to the Site, and respectively, for the products offered via the Site, and respectively, we make no guarantee, and exclude any warranty about it (to the extent permitted by law).
19.3 We (including our parent company, subsidiaries, branches, our officers, directors, agents and our employees) assume no liability to you arising from contract, tort (including negligence) or any other actions and connected to the Terms and Conditions and/or the use of the Site that result in losses, including but not limited to losses of data, profits, revenue, business, opportunities, goodwill, reputation or, respectively interruptions in the continuity of the business, or respectively currently unforeseeable losses.
19.5 The present Terms and Conditions do not waive out our liability resulting from dishonesty arising from negligence, for death, or personal injury.
20. BREACHES OF THE TERMS AND CONDITIONS
20.1 You must pay full compensation for any claim, liability, cost, expense (including legal fees) and other costs arising from the breach of these Terms and Conditions or conditions for the use of the Site by you or users of your Account by third parties (whether or not you authorized the use of the Account).
20.2 If you are in a serious violation of the Terms and Conditions, we reserve the right, but are not obliged to:
20.2.1 inform you (using your contact information) tht you are in breach of contract; ask you to cease or terminate the activity, and/or invite you to correct any errors on your part; and inform you of the consequences that occur if you do not act properly; and/or
20.2.2 suspend you Account, so you will not be able to participate in games on the Site until a time determined by us; and/or
20.2.3 close your Account and terminate the Terms and Conditions, with or without a notice to you.
20.3 We reserve the right to block the user identification code or password - regardless of whether they were selected by you or us - if based on reasonable consideration and on our sole discretion, you fail to comply with any provision of the Terms and Conditions.
20.4 In addition to other remedies available, if you are in a serious breach of the Terms and Conditions, you will lose your winnings. In these circumstances the Operator may retain any positive balance on your account.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 Any material displayed on the Site – owned by us or used under the permission of third-party owners – incuding but not limited to all designs, texts, graphics, music, sound, photography, video, a selection or arrangement of any of the above, software compilations, source codes, software and other material is protected by our copyrights and subject to ownership. You may download or print any material on the Site; however the download can only be done on a single PC, and printing can only be for personal, rather than commercial use.
21.2 Use of the Website does not confer on the users our intellectual property rights or those held by third party interests (eg, copyrights, know-how or trade marks) under any circumstance.
21.3 We do not authorize the use or copy of trademarks or logos displayed on the Site, unless specifically authorized in the Terms and Conditions.
21.4 You are not entitled to, or respectively, nor can you authorize (or attempt) the copying, storing, publishing, leasing, licensing, administration, sale, distribution, alteration, addition, deletion, removal or influence, directly or indirectly tampering with or intervention in connection with the Site or any part thereof, respectively, any change in the Site during its use or visit, under the Terms and Conditions.
21.5 All intellectual property rights related to the Site – the name, logo, design, or any other distinctive trademarks of the Operator, respectively, content provided by the Operator to the Site are the of the Operator. You agree that you will not use and will not provide these logos, designs, trademarkss and other distinctive brand names without the prior written consent of the Operator.
22. VIRUSES, HACKERS, AND OTHER ATTACKS
22.1 You may not abuse the Site by knowingly or negligently using viruses, Trojan horses, worms, logic bombs, or other malicious and technologically harmful malware. You may not attempt unauthorized access to the Site, servers, or any storage servers related to the Site. You may not make an attempt to attack the Site and IT services or obstruct them, by the distribution of malware mntioned in this clause.. A violation of this provision is a criminal offense under the law on cyber abuse. This type of breach is immediately reported to the authorities and w cooperate with them by providing your personal identification. In the event of such a breach of contract, use the Site is terminated immediately.
22.2 We are not responsible for losses or damages resuting from the crippling or disruption of IT services by viruses or technologically harmful substances - which can affect your computers, computer programs, data and other materials in your possession - as well as their dissemination, during the use of the Site or from downloading harmful material placed there, or respectively, materials pointing to the Site from other homepages.
23. PERSONAL DATA
23.2 The law requires that you must comply with the requirements of data protection; personal data we collect from you through the use of the Site is used accordingly. Therefore, we take obligations regarding the use of your personal data very seriously.
23.3 Certain personal data might be collected for the use of the Site and features, including name and date of birth, contact information, as well as certain information related to your options for marketing (which together contitute "your personal data").
23.4 By providing your personal data to us, you give consent to the processing of your personal data by us, including the following, which are particularly sensitive:
23.4.2 for other purposes where we need to process your personal data in order to operate the Site, including sharing of data with other providers and agents for such purposes, including but not limited to postal services, marketing services and customer service. Personal data can also be published to fulfill our legal obligations.
23.5 A copy of any materials that you submit are preserve (including a copy of the e-mails), so that an accurate record can be maintained of the data collected from you.
24. THE USE OF ‘COOKIES’ ON THE SITE
25. COMPLAINTS AND COMMENTS
25.1 Complaints or disputes related to the game or the Sitean be submitted until 30 (thirty) days after the date of the original transaction, otherwise they will not be taken into account.
25.2 If you want to make a complaint in relation to the Site, the first step is to contact our Customer Service about your complaint.
25.4 In case of disputes between you and the Service Provider, you agree server registries are the most decisive criteria in resolving the complaint.
25.5 You acknowledge that our random number generator determines the outcome of games played via the Site, and you agree with the results of all such games. Further, you agree that in the unlikely event that there is a disparity between your screen and results in the game's server, then the result in the game's server will be deemed valid, you acknowledge and agree that our records are the final decisive criteria in determining whether and under what conditions you can take part in respective online games, as well as the results of such participation.
25.6 If we wish to contact you, then we do so via the contact information that you have provided. Notifications are considered delivered as soon as the e-mail has been successfully sent to you, or respectively, after we have contacted you via phone (including if we leave a voicemail message) or respectively, in case of regular post three (3) days after dispatch. For proof of delivery it needs to be sufficiently proven - in the case of letters by post - that such a letter was properly addressed, stamped, and placed in a mailbox; and - in the case of e-mail - it must be demonstrated that such e-mails were sent to the submitted contact information (if such an address exists).
26.1 The original language of the text of the Terms and Conditions is Hungarian and its interpretation is based on the original Hungarian text. If the Terms and Conditions, or respectively, any document and related notices are translated into other languages, the original Hungarian text will prevail.
27. TRANSFER OF RIGHTS AND RESPONSIBILITIES
We reserve the right to assign, transfer, sublicense, or place under escrow the Terms and Conditions to any person without notice (but without your consent), provided that the same conditions apply for under such transfers and apply the same benefits you. Your rights and responsibilities under the Terms and Conditions may not be delegated in whole or in part, they may not be In accordance with the Terms and Conditions, they may not be sublicensed or assigned in any way.
28. EVENTS OUTSIDE OF OUR CONTROL
28.1 We do not assume liability under these Terms and Conditions for failure to fulfill obligations, or delays, which are caused by outside events reasonable out of your control (" Force Majeure Event").
28.2 Our performance shall be deemed to be suspended in the event of a force majeure event, through the continuation of the event, and the fulfillment of our obligations is extended by this period. All reasonable steps will be taken to eliminate the force majeure event, or to find a solution, so that we may fulfill our commitments despite the force majeure events.
29.1 If we do not demand the strict fulfillment of your obligations towards us, or respectively, if we do not use the rights or remedies to which we are entitled to, it does not mean the forfeit of such rights or remedies and it shall not relieve you from compliance with your obligations.
29.2 Lack of a waiver does not mean the absence of a subsequent waiver .
29.3 Under the present terms and Conditions, the provisions of the waiver are not valid unless they are expressly qualified as a waiver, and if they are communicated to you in writing under clause 25 (Complaints and comments).
30. VALIDTY CLAUSE
30.1 If any part of the Terms and Conditions are deemed invalid, illegal, or declared unenforceable to any extent by the competent authorities, then that clause or provision shall be separated from the rest of the conditions and provisions and remain valid to the maximum extent provided by the law.
30.2 In such cases, the invalid or unenforceable part shall be replaced in a way that best reflects what is permitted by applicable law and the original intention of the Operator.
31. THE ENTIRE AGREEMENT
31.1 The Terms and Conditions and documents specifically mentioned in it represent the entire agreement between you and our company, and it suprcedes any other written or oral agreement, interpretation, or provision between you and our company.
31.2 We note that neither you nor us have relied on the other party in presenting any promises or responsibilities, or respectively, have refered to these in written and verbal communications between us, except for those that are expressly included in the Terms and Conditions.
31.3 Neither party may take an appeal for legal remedies for untrue statemets made by the other party in writing or orally before the effective date of the contract (unless the false statements were made maliciously) and only course for legal remedies is a breach of contract under the Terms and Conditions.
32. GOVERNING LAW AND COMPETENT COURTS
32.1 The governing law for the Terms and Conditions and their interpretation is the law of Hungary.
32.2 The courts of Hungary do not have exclusive jurisdiction in disputes arising from the Terms and Conditions.
33. RESPONSIBLE GAMING
33.1 For customers who wish to restrict their play, we provide voluntary self-closing rules, which allow closure of your Account, a suspension of transactions and the game on the Site for a period of minimum six (6) months. If required, the restriction lasts up to five (5 ) years.
33.2 If you require any information on these options, please contact Customer Service.
34.1 Where hyperlinks to other websites are provided, we do so solely for informational purposes. You use these links under your responsibility, and we assume no liability for the content or use of such websites or the information contained therein. In the absence of express permission, you cannot create links to the Site, nor can you change existing ones.
You can make contact with the Service Provider through the postal address under clause 2.1 or respectively, through the e-mail contact found on the Site.
END USER AGREEMENT WITH MGAME SOLUTIONS
THIS WEBSITE USES THE SOFTWARE OF THE SOFTWARE PROVIDER UNDER THE LICENSE PROVIDED BY THE SOFTWARE PROVIDER. THE CONDITION OF USING OR DOWNLOADING THE SOFTWARE IS TO AGREE TO THE BINDING SUBLICENSING AGREEMENT THAT GOVERNS THE PARTICULAR USE OF THE SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE THAT YOU FULLY UNDERSTAND THEIR CONTENTS. BY SIGNING UP ON THE SITE, YOU AGREE THAT THE CONSENT FOTHE CONTRACT IS THROUGH ELECTRONIC COMMUNICATIONS AND UNDER APPLICABLE LAWS AND REGULATIONS, TO THE EXTENT PERMITTED BY APPLICABLE AND MANDATORY LAW, YOU WAIVE YOUR RIGHTS AND ANY CLAIM, WHICH REQUIRES CONVENTIONAL (NON-ELECTRONIC) SIGNATURE; YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT ON THE SUBLICENSE, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER THE SERVICE AND DO NOT PROCEED WITH THE DOWNLOAD, INSTALLATION OR OTHERWISE USE OF THE SOFTWARE.
The following words and expressions of the End User License Agreement ("Agreement") have the following meanings, unless the context is clearly based on a different meaning:
"FPA network" is a centralized and shared poker card room, managed by the Software Provider, or respectively, on its behalf and online poker games installed and configured by the Software Provider;
"Intellectual Property Rights" constitute all patents, inventor's rights, copyrights and related rights, moral rights, rights regarding databases, tipography rights, supplementary certificates of protection, minor patents, model types, trademarks, service marks, trade names, rights regarding goodwill and/or lawsuits due to intellectual property rights or abuse of these rights, rights relating to design, right ragarding the privacy of confidential information and the law concerning confidentiality (including, but not limited to, know-how, trade secrets, inventions (whether patentable or not) and other similar or equivalent rights and forms of protection (registered or unregistered) and the application (or a right of use) of these rights, the renewal or extension of such rights, in present or future state, anywhere in the world;
"Online gaming system" refers to the gaming system on the Site, play activities and related services, including online poker and other games;
"Poker Room" is the part of the Site operated by us, which serves as a gateway for participation on the FPA network;
"Players 'Accounts' are personal accounts opened by individuals, which are maintained by us, so that a person might participate in game on the online gaming system;
"Software" means the software used by you in the Online gaming system for games, including the associated software documentation, enhancements, modifications, additions, updates or transactions;
"Software Provider" is MGAME Solutions Corporation (registered number 029686), with registered offices at Crystal Offices, OT Towers, Victoria, Mahe, The Republic of Seychelles.
"You" / "Your" / "Yourself" is the user of the software downloaded from the Site;
"We" / "our" / "we ourselves" is the Service Provider with whom you enter into a contract, pursuant to paragraph 2 of the General Terms and Conditions;
"Use" is (a) the loading, installation, execution, running, storage, transmission, display and copy (for the purposes of loading, installation, execution, running, storage, transmission, or display) related to any part of the software; and (b) of documents and copying of documents (if it is reasonably necessary for the use of the Software in accordance with the provisions of the Agreement); and the concept of "Use" shall be construed accordingly;
"Website" is the website specified in the Terms and Conditions, which includes the present Agreement, as well as links to other related sites.
1. PERMISSIONS FOR THE USE OF THE SOFTWARE LICENSE
1.1. We hereby grant you a limited, personal, non-exclusive, non-transferable right provided under Clause 3. for the use of the software on your computer solely for the purpose of participating in the online gaming system, including poker games played in the Poker room under the provisions of this Agreement.
1.2. The license in Clause 1.1. above applies to the object codes of the Software (ie, the version of the Software compiled, assembled, and made available to run on a PC, or respectively any part of the Software), and does not give you any rights with respect to the Software source code (ie, the version of the Software that can be read by people).
1.3. We reserve all rights that are not specifically provided for in clauses 1.1. and 1.2. Additionally - unless specifically included in the above clauses 1.1. and 1.2. - the following activities are prohibited and you agree not to allow others to partake in them, or respectively, that you do not support others in the following activities:
1.3.1. the installation or loading of the Software on a server or other network device, or respectively, steps taken to ensure that the Software becomes accessible to everyone in any public place within the framework of an online service, or
1.3.2. the transfer of the license for the use of the Software or its leasing, lending, copying (unless otherwise provided for in the Agreement), or respectively, the dissemination of a copy of the Software;
1.3.3. the removal of copyrights, property rights, and/or similar references from the Software (or from any copies of the Software);
1.3.4. the operation of the Software or a portion of the Software for the benefit or on behalf of third parties, including the frameworks of application services, Internet services, time-sharing agreements by suppliers, subcontractor or business services;
1.3.5. the use, as well as copying or modifying, and the distribution of the Software or a portion of the Software, or respectively, of any instances, adaptations, transcriptions, or derivative works;
1.3.6. decoding, decrypting, reverse engineering, segmentation, disassembly or translations, or respectively, conversion of the Software or any portion of the Software; or
1.3.7. loging into or accessing our security system, or attempting to do so, or respectively, the evasion of said security systems, or respectively, any interference to the Poker Room or any part of the Webite (including, but not limited to, robots and similar devices) or any attempts to modify the Software and/or its function, and/or its components.
1.5. You acknowledge and agree that all intellectual property rights, titles and interests related to the Software, including any any changes, developments, adaptations, translations or any other modifications to the Software are the sole property of the Software Provider (or its trustees), even if such changes are based on the ideas and/or proposals of yourself or third parties. You irrevocably give the Software Provider all rights, titles and interests that you have acquired or that are in relation to such rights, including, but not limited to patents, copyrights, trademarks, trade secrets, or respectively, know-how, as well as agree to sign and send to the Software Provider all documents that are deemed necessary for the application and transfer of above-mentioned rights to the Software Provider by the Software Provider.
1.6. THE SOFTWARE IS AT YOUR DISPOSAL UNDER THIS AGREEMENT WITHOUT ANY WARRANTIES, PERSUANT TO WHICH WE UNDERTAKE NO OBLIGATIONS, WARRANTIES OR REPRESENTATIONS EITHER EXPRESS OR IMPLIED, WHETHER BASED ON LAWS OR WITHOUT (EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAW).
1.7. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND/OR THE SOFTWARE PROVIDER'S PARTNERS AND AFFILIATES ARE HEREBY EXCLUDED FROM AND WAIVE ALL IMPLIED CONDITIONS AND GUARANTEES (TO THE EXTENT THESE EXCLUSIONS ARE PERMITTED BY LAW), INCLUDING GUARANTEES FOR MERCHANTABILITY, A SATISFACTORY QUALITY, AND THE APPROPRIATENESS FOR A PARTICULAR PURPOSE), AND ADDITIONALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE SOFTWARE PROVIDER (OR RELATED PARTNERS) DO NOT WARRANT – WITHOUT EXCLUSIVITY - THAT (A) THE SOFTWARE WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES, OR (B) THE SOFTWARE WILL RUN WITHOUT INTERRUPTIONS OR ERRORS, OR RESPECTIVELY FOR THE CORRECTION OF ERRORS IN THE SOFTWARE, OR FOR THE SOFTWARE BEING VIRUS-FREE; OR (C) THAT THE SOFTWARE IS OF PROPER QUALITY, AND SUITABLE FOR A PARTICULAR PURPOSE; OR (D) THAT THE SOFTWARE IS TO BE USED TOGETHER WITH HARDWARE OR OTHER SOFTWARE (THAT IS DIFFERENT FROM HARDWARE AND/OR OTHER SOFTWARE THAT IS COMPATIBLE; SUCH INFORMATION IS AVAILABLE DURING THE DOWNLOAD OF THE SOFTWARE AND/OR ON THE WEBSITE AND/OR ON THE SOFTWARE PROVIDER'S WEBSITE) WITHOUT CAUSING DISRUPTIONS IN THE SOFTWARE, HARDWARE, OR OTHER SOFTWARE.
1.8. IN THE EVENT THAT COMMUNICATION OR SYSTEM ERROS OCCUR DURING THE USE OF THE SOFTWARE, NEITHER WE NOR THE SOFTWARE PROVIDER, OR ANY OF THE SOFTWARE PROVIDER'S PARTNER WILL BE LIABLE TO YOU OR AFFILIATED THIRD PARTIES FOR SUCH ERRORS AND ANY CLAIMS FOR EXPENSES, COSTS, AND LOSSES WHATSOEVER.
1.9. NEITHER WE, NOR RELATED PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILED TRANSACTIONS THAT ARE A RESULT OF ERRORS IN THE SOFTWARE, OR FOR REFUNDS CLAIMS BY YOU OR ANY THIRD PARTY, OR FOR ANY CASE IN CONNECTIN WITH THE ABOVE.
1.10. You hereby acknowledge that we have no control on the use of the Software by you. The Use of the Software is your own responsibility and in no case are we responsible to you for any direct, indirect, consequential, special or incidental damages, or losses (other than due to the negligence, personal injury, or death).
The Software contains proprietary and confidential information that is secret and valuable to us or to the Software Provider. You agree that when using the Software and thereafter (a) you treat all confidential information in strict confidence; (b) you do not to publish such information to third parties, and you do not use such information for any purpose other than participation in the online gaming system. Furthermore, you agree that at all times you will take all reasonable steps to protect the confidentiality of any such information and keep it confidential.
3. OBLIGATIONS FOR VERIFICATION OF LEGAL USE
3.1. The condition under the present Agreement for the use of the Software license, is that you fulfill the age requirement to participate in the games and for the legitimate use of Software, in the jurisdiction and under the laws of the country whre you reside. Furthermore, you confirm that you have reached the age required by the laws of that country. You also certify that you take into account, and keep up to date with all relevant legislation regarding the Use of the Software, and agree that we and the Software Provider in no way guarantee that the Use of the Software is allowed under the gambling laws of that country.
3.2. Since changes may take place or be be required, as stipulated by law, you agree that you will monitor the legality of your participation in the online gaming system and of the use of the software according the laws that apply to you, and to do the same with respect to all applicable laws and the competent authorities, and accept the sole responsibility for defining, within the meaning of that law, whether the use of the Software and/or your use of the Software is legal under the legislation.
4. LIMITATION OF CLAIMS AND LIABILITY
4.1. You understand and agree that (a) the obligations under relevant sections of the present Agreement regarding the Software also benefit the Software Provider and respectively, related parties (and therefore they can be enforced by us) and (b) the Software Provider and related parties in the Agreement are not liable to you or third parties for damages caused to you or third parties, independent of their form, or whether arising from contracts, outside of contracts (including negligence), or whether they occurred under strict liability or otherwise.
4.2. You are free to decide to download and use the Software. If you do this, you understand that you fully understand and accept the provisions of the Agreement, including the provisions of this clause 4. UNDER NO CIRCUMSTANCES ARE WE, OR THE SOFTWARE PROVIDER LIABLE, OR COLLECTIVELY WITH OUR RELATED PARTNERS:
220.127.116.11. THE CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, TO THE BUSINESS, PROFITS, REVENUES, CONTRACTS , EXPECTED SAVINGS; OR FOR LOSSES AND DAMAGES RESULTING FROM THE LOSS OR DAMAGES OF DATA, OR RESPECTIVELY FROM THEIR ABUSE.
18.104.22.168. AT ALL TIMES, WE SHALL BEAR NO LIABILITY FOR CLAIMS THAT ARE WORTH IN EXCESS OF € 100 (one hundred euros), WHICH ARISE FROM THIS AGREEEMENT OR ARE RELATED TO IT, WHETHER IN CONTRACTUAL FORM OR WITHOUT (INCLUDING NEGLIGENCE), UNDER STRICT LIABILITY OR OTHERWISE. AT ALL TIMES, UNDER CLAUSE 4.2. THERE IS NO PROVISION TO EXCLUDE LIABILITY CLAIMS AGAINST YOU IF OUR NEGLIGENCE CAUSED DEATH OR PERSONAL INJURY, OR UNFAIR ACTIONS RESULTING FROM FALSE STATEMENTS.
5. SHARED POKER NETWORK
5.1. Currently, we are members of a shared poker room network, on which you may play poker with players from other poker sites; All the players are involved in the same game, or respectively, are seated at the same poker room table within the shared platform, which is supported by third-party service providers of the poker network.
5.2. Therefore, you agree that having entered the poker room, you accept and adhere to the terms and conditions of the shared poker room, including games, tables, and sessions within it.
5.3. You acknowledge and agree that we and/or the provider of the shared poker network, within our private or joint competence, reserve the right to terminate your game, or respectively, to block or restrict your Player Account or your access to the shared poker network - which is usually accessible through the Website or other websites - if you breach any term of the present rules of the game or the Agreement.
5.4. You further acknowledge and agree that we and/or the service provider of the shared poker network, within our private or joint competence, reserve the right to collect, process, use, and to keep a record of your game, person, funds or any related information in our databases that will help in the prevention of dishonest conduct, collusion and other illegal behavior.
Prevention of collusion
6.1. Collusion is a situation in which two or more players are trying to gain an unfair advantage by sharing with each other about cards or any other information related to the poker table. The player who attempts to collude with other players while using the Poker Room, is banned from the use the Poker Room, the Site, the Software or our services, and his/her account is terminated with immediate effect. We do our best to investigate complaints against players suspected of collusion. If our company or its affiliates suspect collusion during the game, then our company or related parties may under their respective jurisdictions terminate the suspected players' access to the Poker Room, and/or may block the player's Account. Neither our company nor affiliated parties shall be responsible, under any circumstance, for any losses suffered by you or other players, which arise though collusion or other illegal activity and our company or related parties are not obliged to take action if suspected collusion or unlawful activity took place.
7. GUARANTEES AND INTERPRETATIONS
You guarantees and bear witness to the following:
7.1. You checked that the use of the Software and your participation in the Online Gaming System through our system is legitimate under the laws that apply to you, as well as the applicable laws and regulations pursuant to the relevant authorities.
7.3. You do not collude or make any attempt to do os, in any direct or indirect way, with any of the players in the online gaming system or games;
8. VALIDITY AND TERMINATION
8.1. At the termination of this Agreement, you agree and acknowledge that (i) the right to use the Software ceases immediately, (ii) you cease using the Software, and (iii) you remove the Software from your computer, hard drives, Network and other storage assets .
9. GENERAL PROVISIONS
9.1. Governing law. The construction, validity and performance of this Agreement is governed by the Laws of Hungary (except to the extent that local law applies to your use).
9.2. The prohibition of the transfer. This Agreement or its rights or obligations related to the Agreement may not be delegated or transferred to any other person or entity.
9.3. Priority. In the event of any conflicts bwetween the terms of the Agreement and any agreement and document referred to in the Agreement in connection with the use of the Software or any other agreement of documentation, the present Agreement takes precedence.