Conditions of Use
YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
This End User Licence Agreement (the “Agreement”) should be read by you (the “User” or “you”) in its entirety. Please note that the Agreement constitutes a legally binding contract between you and the Company. The Company owns and operates the internet site PokerTempo.com (the “Site”). The Company operates the Site under the brand name of PokerTempo.com (together “PokerTempo.com”).
By installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you shall not use the Software and you should promptly contact PokerTempo.com for further instructions.
The software that you are about to download (the "Software") is being licensed to you by PokerTempo.com for your private personal use solely on "AS IS" basis. Please note that the Software shall not be used by:
- - Individuals below 21 years of age
- - Individuals below the legal age of majority in their jurisdiction
You shall use the Software together with your unique Player ID ("Player ID") and unique and secret password ("Password"); chosen by and known only to you, to access PokerTempo.com's servers (the "Servers") in order to play the play money games and tournaments available on the Site (the "Games").
The Software is protected by national and international intellectual property laws, rules and regulations.
GRANT OF LICENSE/INTELLECTUAL PROPERTY
- Subject to the terms and conditions contained herein PokerTempo.com grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Servers and play the Games on the Site (the Software and Games together being the "Service/s").
- The Software is not for use by (i) individuals less than 21 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions, where it is illegal to connect to the Site. PokerTempo.com is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matters.
- We reserve the right at any time to request from you an evidence of your 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.
- The Software's code, structure and organization are protected by copyright, trade secrets, intellectual property and other rights. You may not:
- Copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- Sell, assign, sublicense, transfer, distribute or lease the Software;
- Make the Software available to any third party through a computer network or otherwise;
- Export the Software to any country (whether by physical or electronic means);
- Without the prior written consent of PokerTempo.com; or
- Use the Software in a manner prohibited by applicable laws or regulations,
- The terms "PokerTempo.com", and any other trademarks, service marks and/or trade names used by PokerTempo.com on the Site from time to time (the "Trademarks"), are the trademarks, service marks and/or trade names of PokerTempo.com and these entities reserve all rights to such Trademarks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to PokerTempo.com or one of 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, or any part thereof. Under no circumstances may you use the Site Content without PokerTempo.com' prior written consent.
(Each of the above action, in isolation or conjunction, shall be construed as "Unauthorized Use")You will be solely liable for any damage, costs or expenses arising out of or in connection with any Unauthorized Use of the Software. Access from within Orissa and Assam is unauthorized. You further ascertain that you will be solely liable for accessing and using PokerTempo.com's software from within Orissa and Assam. You shall notify PokerTempo.com immediately upon becoming aware of any such Unauthorized Use and shall provide PokerTempo.com reasonable assistance with any investigations conducted in the light of the information provided by you in this respect.
PokerTempo.com disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to you "AS IS". Furthermore, we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected, or that the services found therein shall be free from viruses or bugs.
PokerTempo.com EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PokerTempo.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. PokerTempo.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PokerTempo.com.
Without limiting the foregoing, you expressly understand that any other computer hardware, software, or data could be damaged by installing or using the SOFTWARE on your computer and that PokerTempo.com is not responsible for any such damage. You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk and you are responsible for installation of the SOFTWARE and use of the SOFTWARE.
- PokerTempo.com disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
- Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
- PokerTempo.com reserves 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 and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by PokerTempo.com in this regard.
PokerTempo.com retains authority over the issuing, maintenance, and closing of Users' accounts at PokerTempo.com. The decision of PokerTempo.com' 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.
- SOFTWARE MODIFICATIONS: User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. From time to time, PokerTempo.com may automatically update or otherwise modify the Software, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with PokerTempo.com. Such updates or modifications may delete or change the nature of features or other aspects of the Software, including functions you may rely upon. You hereby agree that such activities may occur at PokerTempo.com‘s sole discretion and that PokerTempo.com may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Software for purposes of this Agreement. By acceptance of this Agreement, you consent to such updates/modifications.
- PERSONAL USE: The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with PokerTempo.com for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to PokerTempo.com and the User is obligated to update such details in the event of any change thereto. A User may only have one account with PokerTempo.com and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his account.
- REAL MONEY TRANSFERS: As part of PokerTempo.com' licensing agreement and in compliance with anti-money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their transfer to be processed. This allows PokerTempo.com to help protect the Users and prevent PokerTempo.com being used as a vehicle for money laundering or fraud.
The following terms and conditions also apply to the real money transfer facility:
- PokerTempo.com reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver.
- A sending User agrees that they may only make an account transfer to enable a receiving User to play the Games and not for any other purpose.
- A receiving User agrees that they may only use the funds from an account transfer to play the Games and not for any other purpose.
- Users cannot cash out funds directly received from a transfer, (refer to sub-paragraph (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a cash out request will be reviewed in accordance with PokerTempo.com' internal controls, policies and procedures.
- COLLUSION : Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. PokerTempo.com reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, PokerTempo.com reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly PokerTempo.com 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.
- EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA) : PokerTempo.com prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. PokerTempo.com defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. Web sites and subscription services). PokerTempo.com defines 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. You agree that PokerTempo.com 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 the PokerTempo.com Software on the User's computer.
- AUTOMATIC 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.
- CHIP-DUMPING : Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances PokerTempo.com will be under no obligation to refund to you any monies that may be in your PokerTempo.com account at such time.
- FRAUDULENT BEHAVIOR : In the event that PokerTempo.com deems 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 in this clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, PokerTempo.com shall be entitled to take such action as it sees fit, including, but not limited to:
- Immediately blocking a User's access to the Service;
- Terminating a User's account with PokerTempo.com;
- Seizing the funds within a User's account;
- Disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
- Taking legal action against a User.
- PROHIBITED LANGUAGE OR CONTENT
- OFFENSIVE LANGUAGE OR CONTENT : The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law, via the Software (Online Chat), Online Forums or in correspondence with Company staff.
- IMPERSONATION : The User is prohibited from impersonating any person or entity, including, but not limited to, a PokerTempo.com official or falsely state or otherwise misrepresent the User's affiliation with a person or entity.
- UNSOLICITED CONTENT : The User is prohibited from posting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" or any other form of solicitation via the Software (Online Chat), Online Forums or in correspondence with Company staff or other Users.
- ILLEGAL CONTENT : The user is prohibited from posting, via the Software (Online Chat), Online Forums or in correspondence with Company staff, any material that contains (or provides links to) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to "phishing" and other scams).
- PLEADING FOR CHIPS/MONEY : Users are prohibited from begging while playing at or observing any of our tables. Violation may result in the suspension or termination of the player's account.
- HARASSMENT : Harassment of any player on our site may result in the suspension or termination of the offender's account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments.
- ENGLISH ONLY : All conversation at an active ring game or tournament table must be conducted in English only. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of a user's chat privileges.
OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with PokerTempo.com' staff.
When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except PokerTempo.com. Further, Users shall not make statements about PokerTempo.com or the Service that are untrue or would reasonably be considered to be derogatory or critical.
Without prejudice to any other rights, if a User fails to comply with any of the terms and conditions contained herein, PokerTempo.com reserves the right to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with PokerTempo.com, and/or taking legal action against such User.
- Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, PokerTempo.com reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with PokerTempo.com, seizing all monies held in the relevant PokerTempo.com account and/or taking legal action against such User.
- You agree to fully indemnify, defend and hold harmless PokerTempo.com and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- Your breach of this Agreement, in whole or in part;
- Violation by you of any law or any third party rights; and
- Use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall PokerTempo.com be liable for any special, incidental, 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 Software, the Games or your accessing the Site or the Servers, even if PokerTempo.com had prior knowledge of the possibility of such damages
PokerTempo.com, (IN THIS SECTION, PokerTempo.com, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "PokerTempo.com") SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THE PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PRODUCT OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF PokerTempo.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
The User agrees that he/she is solely responsible for all use of the PokerTempo.com Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefore shall be that of the User.
All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by PokerTempo.com, PokerTempo.com ‘s affiliates or their suppliers. All rights not specifically granted under this LICENSE are reserved by PokerTempo.com.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used by you to store, process and use content created by you and third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that PokerTempo.com may take appropriate measures to protect copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this LICENSE in the event of your use of the SOFTWARE in violation of this LICENSE or applicable laws, rules or regulations.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Separation of Components: The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly authorized by PokerTempo.com.
Non-Circumvention: You may not bypass, modify, defeat or circumvent any of the functions or protections of the Software or any mechanisms operatively linked to the Software.
Trademarks and Notices: You may not remove, alter, cover or deface any Trademarks or notices on the Software.
Data Files: The Software may create data files automatically for use with the Software. Any such data files will be deemed as part of the Software.
Rental: You may not rent or lease the Software.
Termination: Without prejudice to any other rights, PokerTempo.com may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy and/or erase all copies of the oftware and all of its component parts within two (2) weeks from such termination and provide PokerTempo.com proof of such destruction and/or erasure.
SECURITY AND YOUR ACCOUNT
- Each User account shall be accessible through the use of a combination of a unique User ID ("User ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.
- The 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.
- The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefore shall be that of the User.
- Please note that monies held in your PokerTempo.com account do not accrue interest.
- You will not be able to place any bets using the Service in an amount greater than the total amount of money in your PokerTempo.com account.
- You are fully responsible for paying all monies owed to PokerTempo.com. You agree not to make any charge backs, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse PokerTempo.com for any charge backs, denial or reversal of payments you make and any loss suffered by us as a consequence.
- PokerTempo.com reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
- PokerTempo.com reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.
- You acknowledge and agree that monies deposited by you in your PokerTempo.com account are held in a trust account on your behalf.
The User accepts that the historical data of each game shall be as recorded on the Servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replay" features of the Software shall not be considered as the official historical record of any hand.
PokerTempo.com reserves the right to change this Agreement at any time, with or without notice, and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement. PokerTempo.com reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of India, Each party irrevocably agrees that the relevant courts of India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefore and irrevocably waives 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.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the India. You irrevocably agree that, subject as provided below, the courts of India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefore 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 the right of PokerTempo.com 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.
If any provision or provisions of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.
PokerTempo.com reserves the right to assign this agreement, in whole or in part, at any time without notice. The User shall not assign any of his/her rights or obligations under this Agreement.
- Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
- This Agreement constitutes the entire understanding and agreement between you and PokerTempo.com regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
- The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
- No waiver by PokerTempo.com of any breach of any provision of this Agreement (including the failure of PokerTempo.com 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.
SCOPE OF LICENSE
The Software is licensed, not sold. This agreement only gives you right to use the Software. PokerTempo.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Software that only allows you to use it in certain ways. You may not
- Work around any technical limitations in the Software;
- Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- Publish the software for others to copy;
- Rent, lease or lend the software;
- Transfer the software or this agreement to any third party
MODIFICATION OF LICENSE
PokerTempo.com reserves the right to amend the specific terms of this Agreement at its sole discretion by notice to you at the email address you provided to PokerTempo.com as part of your registration, by posting amended terms at PokerTempo.com, or any other legally recognizable form of notice. If you do not agree to the amended terms, with notice to you by PokerTempo.com before they take effect, you must stop using the Software. Your continued use of the Software after notice shall be deemed to be your Agreement to be bound by such amendment.