Our Online Poker Software Terms of Service
This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of our service or products. Please note that the Agreement constitutes a legally binding agreement between you and Rational Poker School Limited (referred to herein as "us" or "we") which owns and operates the Internet sites found at www.pokerstars.net and www.fulltiltpoker.net (the "Sites"). By entering into this Agreement, you acknowledge that PokerStars/Full Tilt are part of a group of companies. As such, where used and the context allows, the term “Group” means PokerStars/Full Tilt together with its subsidiaries and any holding company of PokerStars/Full Tilt and any subsidiary of such holding company and any associated company with PokerStars/Full Tilt.
For the purposes of this Agreement, the definition of "Software" will include both the PokerStars/Full Tilt poker software downloadable to your personal desktop or laptop computer (“PC”) from www.pokerstars.net or www.fulltiltpoker.net (the “PC Software”) and the PokerStars/Full Tilt mobile software applications (the "Mobile Software") downloadable to a mobile device (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a “Device”), as well as all ancillary software to the poker software (whether web-based software or client/server software).
When using the Service to play the Games (as defined below), you will have the option to purchase virtual chips (“Virtual Chips”) pursuant to Clause 1A below in addition to your use of free of charge chips (“Free Chips”). The operation and provision of the Virtual Chips for use in the Games is provided by Rational Social Projects Limited (“Rational Social”) a company within the same Group as PokerStars/Full Tilt and which has contracted with PokerStars/Full Tilt for this purpose. For the purposes of this Agreement, the terms “Virtual Chips” and “Free Chips” together shall be referred to as “Chips”).
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1Subject to the terms and conditions contained herein PokerStars/Full Tilt grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access our servers and play the "play for free"/"play money" poker games (the "Games") available (the Software and Games together being the "Service").
1.2The Software is licensed to you by PokerStars/Full Tilt for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. We are not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
1.3We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
1.4PokerStars/Full Tilt, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not within the limits prescribed by applicable laws:
- (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- (b) sell, assign, sublicense, transfer, distribute or lease the Software;
- (c) make the Software available to any third party through a computer network or otherwise;
- (d) export the Software to any country (whether by physical or electronic means); or
- (e) use the Software in a manner prohibited by applicable laws or regulations.
(each of the above is an "Unauthorised Use").
PokerStars/Full Tilt, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify us immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide us with reasonable assistance with any investigations we conduct in light of the information provided by you in this respect.
1.5The terms "PokerStars" and “Full Tilt”, the domain names “pokerstars.net”, “fulltiltpoker.net”, “fulltiltmobile.com” and “pokerstarsmobile.net” and any other trade marks, service marks, signs, trade names and/or domain names used by PokerStars on the Site and/or the Software from time to time (the "Trade Marks"), are the trade marks, service marks, signs, trade names and/or domain names of PokerStars/Full Tilt and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all other content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to PokerStars/Full Tilt and its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without our prior written consent.
Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by PokerStars/Full Tilt, its Group companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of PokerStars/Full Tilt, its Group companies, employees, directors, officers and consultants.
PURCHASES OF VIRTUAL CHIPS
PokerStars has entered into an agreement with Rational Social to provide and operate the Virtual Chips for use in the Service. When purchasing Virtual Chips for use in the Service you are contracting directly with Rational Social.
1A.1. While using the Service, you may “earn”, “buy” or “purchase” Virtual Chips for use in the Service. You hereby acknowledge that these “real world” terms are only used figuratively, and you agree that you have no right or title in Virtual Chips appearing or originating in any Game, whether “earned” in a Game or “purchased” from Rational Social, or any other attributes associated within an account or stored on the Service. Any “virtual currency” balance shown in your Stars Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
1A.2. Rational Social prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Rational Social in writing. Accordingly you may not sublicence, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your Stars Account to termination. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.
1A.3. You may purchase a license to use Virtual Chips for valuable consideration, by visiting the purchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.
1A.4. When you purchase a license to use Virtual Chips, we may send you a confirmatory e-mail that will contain details of the Virtual Chips you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. If you have any concern, please contact customer support. Rational Social keeps records of transactions in order to deal with any queries.
1A.5. For the purchase of Virtual Chips, your order will represent an offer to us to purchase a license for such Virtual Chips which will be accepted by us when we make the Virtual Chips available in your account for you to use in our Games (the “Acceptance”). Your license to use Virtual Chips for use in our Games is a service provided by Rational Social that commences upon Acceptance by Rational Social of your purchase. A purchase of a license to use Virtual Chips is non-refundable by Rational Social.
1A.6. Rational Social may revise the pricing for the Service and the Virtual Chips it licenses to you through the Service at any time. You acknowledge that Rational Social is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Chips when a Stars Account is closed, whether such closure was voluntary or involuntary.
1A.7. For the avoidance of doubt, it is hereby clarified that the purchase of a license to use Virtual Chips does not entitle you to any rights whatsoever other than those reflected by the license. It is furthermore clarified that a license purchased may only be transferred as explicitly provided for within the terms of the license and that such license may not be redeemed, sold, transferred, bequeathed, leased, rented or otherwise disposed of in return for valuable consideration.
2. NO WARRANTIES
2.1We disclaim any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
2.2Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Sites shall be free from viruses, bugs or other contaminants.
2.3We reserve the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by us in this regard.
3.1We retain authority over the issuing, maintenance, and closing of Users' accounts on the Sites. The decision of our management, as regards any aspect of a User's account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
4.1your use of the Service is at your sole option, discretion and risk.
4.3the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond our control and we shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
4.4you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the Services.
4.5you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf). Chips have no value in and of themselves and are not transferable and exchangeable within a Stars Account except in accordance with our transfer policy. Further, such Virtual Chips have no value in themselves and are not redeemable for any ‘real’ currency or prize. Thus you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your Stars Account or any Chips associated with your Stars Account to a third person.
4.6you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.
5. PROHIBITED USES
5.1SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
5.2PERSONAL USE. The Service is intended solely for the User's personal use and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to us, and the User is obligated to update such details in the event of any change thereto.
5.3COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, we reserve the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly we shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
5.4EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). We prohibit those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. We define "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). We define an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play. We encourage you to read our Prohibited Online Software FAQ.
5.5AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
5.6You agree that we may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with our Software on the User's PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
5.7CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his Chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User while using the Service may be permanently banned from using the Service and their Stars Account may be terminated immediately. In such circumstances we will be under no obligation to return or credit to you any Chips that may be in your Stars Account at such time.
5.8FRAUDULENT BEHAVIOR. In the event that we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
- immediately blocking a User’s access to the Service,
- seizing all Chips held in the User's account,
- terminating a User's account; and/or
- taking legal action against a User.
6. OFFENSIVE LANGUAGE OR CONTENT
6.1The User is prohibited from posting any unlawful, indecent, racist, obscene, libellous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with our staff.
7.1Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, PokerStars/Full Tilt or any other company within the Group which provides services to the User reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, including immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User's account on the Sites or on any other site operated by the Group and/or taking legal action against such User.
7.2You agree to fully indemnify, defend and hold harmless PokerStars/Full Tilt, the Group and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- 7.2.1. your breach of this Agreement, in whole or in part;
- 7.2.2. violation by you of any law or any third party rights; and
- 7.2.3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below) , whether or not with your authorization.
8. LIMITATION OF LIABILITY
8.1Under no circumstances, including negligence, shall any member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if we had prior knowledge of the possibility of such damages.
8.2Nothing in this Agreement shall exclude or limit PokerStars/Full Tilt or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
9. SECURITY AND YOUR ACCOUNT
9.1Each Stars Account shall be accessible through the use of a combination of a unique
Stars ID ("Stars ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Stars ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Stars ID and Password in accordance with the rules relating thereto.
9.2The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her Stars Account.
9.3The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
9.4A User may only have one Stars Account and shall only use the Service using such single account. It is prohibited for a User to open multiple Stars Accounts. In the event that we become aware of additional accounts opened by a User, we may close such additional accounts without notice.
9.5You will not be able to place any bets (with Chips) using the Service in an amount greater than the total amount of Chips in your Stars Account.
9.6We reserve the right to run identity checks on a User, with third party services, using the information provided to us by a User on registration with the Service.
9.7Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Stars Account, and that all rights in and to your Stars Account shall forever be owned by and inure to the benefit of PokerStars/Full Tilt.
10. THIRD PARTY SOFTWARE
10.1The Software contains, as a component, third party software, including software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young (firstname.lastname@example.org); ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger (email@example.com), and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software”).
10.2The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
10.3The Licensed Software may not be altered, modified or extracted from the Software.
10.4The User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by a User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.
10.5All rights not expressly granted in the Licensed Software are reserved.
10.6The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project by Eric S. Raymond, by Peter Steinberger and by Eric Young “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.
11.1The User accepts that the historical data of each game shall be as recorded on our servers. In the event of a discrepancy between the cards displayed on your computer and the game records on our server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.
12.1We reserve the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Sites. Therefore, we encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.
13. GOVERNING LAW
13.1The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below. the courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
14.1If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
15.1We reserve the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
16.1No waiver by us of any breach of any provision of this Agreement (including our failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
16.2Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to Rational Social and any company within the Group.
16.3Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
16.4This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
16.6The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Copyright © 2000-2016 Rational Intellectual Holdings Limited. All rights reserved.
With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project. All rights reserved.
Copyright © 1995-1998 Eric Young (firstname.lastname@example.org). All rights reserved.
With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger email@example.com
With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond