End User Licence Agreement

1. Who we are and what this agreement does

1.1

We are Stars Mobile Limited of Douglas Bay Complex, King Edward Road, Onchan, Isle of Man, IM3 1DZ (referred to herein as "PokerStars", "us", "our" or "we").

1.2

PokerStars operates this 'play money' casino game (the "Game").

1.3

By clicking the "I Agree" button as part of the installation or operation process and/or using the Game, you agree to the terms and conditions set forth in this agreement (the "Agreement"), which forms a legally binding agreement between you and PokerStars.

1.4

Please print a copy of this Agreement (including the additional terms and conditions noted below) for your future reference.

1.5

If you no not agree to any of the terms contained in this agreement, you should not access or use the game.

1.6

If you have any questions or complaints about the Game or this Agreement, please contact us. You can write to us at Support.

2. Other terms that apply to you

2.1

This Agreement includes our Privacy and Cookie Policy (as updated from time to time), which also applies to your use of the Game and which sets out (a) the terms on which we process any personal data we collect from you or that you provide to us; and (b) the use of cookies on the Service.

2.2

If you download, or otherwise access, the Game from a website or app store, the relevant website or app store's terms and conditions may apply to you in addition to this Agreement.

3. Changes to this agreement

3.1

We may need to make certain changes to this Agreement in order to reflect changes in law or best practice or to deal with additional features which we introduce.

3.2

We will notify you of a change when you next access the Game.

3.3

If you do not accept the notified change(s) it may be necessary to terminate your use of the Game. In such circumstances, the provisions of paragraph 7.6 below will apply.

4. Playing the Game

4.1

In return for your compliance with the terms of this Agreement, you may access and use the Game through a supported web browser or mobile application in order to play the Game. 

4.2

You agree to play the Game in accordance with this Agreement and the rules and instructions published by us within the Game.

4.3

In the event of any dispute, you acknowledge and agree that the primary gameplay data shall be as recorded on the PokerStars servers. In the event of a discrepancy between the position displayed on your device and the game records on the PokerStars' server, the latter shall prevail.

4.4

You agree to only access and use the Game via devices:

you own or have the owner's permission to use for such purpose; and

which meet the following minimum system and operating requirements

and you acknowledge and agree that you will be responsible for complying with this Agreement whether or not you own the relevant device.

4.5

You are not permitted to play the Game if you are: (i) under 18 years of age; (ii) under the legal age of majority in your jurisdiction; or (iii) accessing the Game from a jurisdiction from which it is illegal to do so. By entering into this Agreement, you acknowledge and assert that this restriction does not apply to you.

4.6

We reserve the right at any time to request from you evidence of age in order to ensure that minors are not playing the Game. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Game if satisfactory proof of age is not provided or if we suspect that you are underage. Failure to comply with such request, to our satisfaction, could result in termination of your access to the Game.

4.7

PokerStars is not able to verify the legality of the game in each jurisdiction and it is your responsibility to ensure that your use of the game is lawful. 

5. Your account

5.1

In order to play the Game you are required to register with us.

5.2

You may only have one account with PokerStars in connection with the Games and may only play the Games using such single account. In the event that we become aware of additional accounts opened by you, we may close such additional accounts without notice.

5.3

When registering with us, you will be asked to choose a user identification code and password ("Login Info").  You must treat your Login Info as confidential and must not disclose it to any third party. 

5.4

You are solely responsible for all use of the Game under your account. If you know or suspect that anyone other than you knows your Login Info, you must promptly notify us at Support.

5.5

You agree that all information provided to us will be true and accurate and will not misrepresent your identity. You agree to promptly update such information in the event of any change. 

5.6

We reserve the right to run identity checks on you, with third party services, using the information provided to us by you on registration. 

5.7

You also agree that, on certain PokerStars websites, your user ID, name and profile picture will be publicly available and that search engines may index your name and profile photo.

5.8

Please refer to our Privacy and Cookie Policy for further explanation as to how we use the information we collect from you.

5.9

Generally, user accounts created with PokerStars will be considered active until we receive a user request to deactivate or delete them. However, we reserve the right to terminate any account that has been inactive for 365 days without liability.

5.10

We also reserve the right to disable any account and restrict your access to the Game at any time in accordance with paragraph 11 below.

5.11

You acknowledge and agree that you will have no ownership or other property interest in your user account, and that all rights in and to your user account shall be owned by PokerStars.

6. Prohibited gameplay

6.1

External Player Assistance Programs (EPA). PokerStars prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. PokerStars defines "External" to mean computer software (other than the Game), and non-software-based databases or profiles (e.g. web sites and subscription services). PokerStars 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.

6.2

You agree that PokerStars 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 Game on your device.

6.3

Automatic Players (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Game. All actions taken in relation to the Game by you must be executed personally by you through the Game's user interface.

6.4

Unacceptable language or content. You may not post any unlawful, indecent, racist, obscene, libellous, defamatory or threatening material, or any material that would violate any law or third party right or generally be considered to be offensive via the Game, whether using a chat function, message board or other user interaction option or in correspondence with PokerStars' staff.

6.5

You acknowledge that the Game may include information and materials uploaded by other users of the Game, for example chat functions and message boards. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.

6.6

If you wish to complain about information and materials uploaded by other users please contact us at Support.

6.7

Fraudulent behavior. You must not use the Game in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently, dishonestly or maliciously, for example, by attempting or engaging in any form of game manipulation or hacking into or inserting malicious code, such as viruses, or harmful data, into the Game.

7. Availability of - and changes to - the Game

7.1

You acknowledge that the Game is made available over the internet and you are solely responsible for obtaining the required connectivity, including any and all internet connection and/or mobile fees that you incur when accessing and using the Game.

7.2

Regardless of our efforts to provide you with service of high quality, safety and security, due to the inherent nature of the internet, errors, interruptions, bugs and delays may occur in the Game at any time. Accordingly, subject to paragraph 9.5, the Game is provided "as is" and we do not accept any liability arising from any interruption in availability.

7.3

From time to time we may automatically update the Game to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Game for these reasons.

7.4

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Game.

7.5

PokerStars reserves the right to temporarily suspend access to the Game where we reasonably consider it necessary to do so for the management, maintenance or update of the Game.

7.6

PokerStars reserves the right to cease making available the Game at any time for business or operational or other applicable reasons provided that it will provide a reasonable notice period.

8. Intellectual property rights

8.1

PokerStars, its group companies and/or licensors are the sole holders of all intellectual property rights in and to the Game. You have no intellectual property rights in or to the Game other than the right to use it strictly in accordance with this Agreement.

8.2

The name "PokerStars" and any other trade marks, service marks, signs, trade names and/or domain names used by PokerStars when providing the Game from time to time (the "Trade Marks") belong to PokerStars and/or its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks.

8.3

All content used to provide the Game, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio and text comprising the Game (the "Content") belongs to PokerStars and its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You agree that by using the Game you obtain no rights in, or to, the Content. You may not use the Content or the Trade Marks without our prior written consent.

8.4

The Game is licensed to you by PokerStars for your private personal use only. You may not:

  1. use or access the Game other than for purposes of playing the Game; or
  2. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Game (or any aspect of it) or make any attempt to access the software or source code of the Game to create derivate works of such software or source code or otherwise, (each an "Unauthorised Use").

8.5

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 agree to promptly notify PokerStars at Support upon becoming aware of the commission by any person of any Unauthorised Use and to provide PokerStars with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

8.6

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by PokerStars, its group companies and/or its licensors in the Game, the Trade Marks or the Content nor will you do intentionally or recklessly do anything that damages the image or reputation of PokerStars, its group companies, employees, directors, officers and consultants.

9. Third party software

9.1

The software comprising the Game may contain, as a component, certain 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 (eay@cryptsoft.com); certain open source game development software licensed under the MIT software licence; and certain font software) that is proprietary to the relevant copyright owner/licensor (the “Licensed Software”).

9.2

Your use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

9.3

The Licensed Software may not be altered, reverse engineered, modified or extracted from the Game.

9.4

Your use of the Licensed Software is limited to “internal use” meaning use of the Licensed Software only in the course of your customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” means, if you are a company, use by such company, or its employees or authorised agents for the company's customary and ordinary internal business. “Customary and ordinary personal use” means, if you are an individual, use by you or a member of your household for internal personal purposes. All such employees, agents, and household members must be notified by you as to the terms and conditions of this Agreement.

9.5

The Licensed Software is provided “as is”, without warranty of any kind, express or implied, including the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the authors or copyright holders of the Licensed Software be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Licensed Software or the use or other dealings in the Licensed Software.

9.6

All rights in the Licensed Software not expressly granted under this Agreement are reserved.

10. BREACH OF THESE TERMS BY YOU

10.1

We may disable your Login Info and suspend or terminate your use of the Game at any time without liability to you if you have committed a significant breach of this Agreement. We will use reasonable endeavours to notify you in such circumstances, but we do not provide any guarantee that we will do so.

10.2

If we terminate your use of the Game in accordance with paragraph 7.6 above:

  1. you must stop accessing or using the Game; and
  2. you must delete or remove the Game from all devices in your possession and immediately destroy all copies of the Game.

10.3

Whether or not we suspend or terminate your use of the Game, we may take legal action against you in respect of your breach.

11. OUR LIABILITY TO YOU

11.1

Nothing in this Agreement excludes PokerStars liability to you for:

  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation;
  3. your legal rights in relation to digital content for which you have paid a price, or which is provided free with paid-for digital content and is not generally available for free otherwise, ("Pay Digital Content") including the right to receive Pay Digital Content that is as described, of satisfactory quality and fit for any particular purpose made known to us; or
  4. any other liability which it would be unlawful of us to restrict or exclude.

11.2

If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement, but we are not responsible for any loss or damage that is not foreseeable.

11.3

If digital content that we have supplied to you damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or (if a repair is not possible or reasonably practicable) pay you compensation up to the face value of any such device or digital content so damaged. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system and/or operating requirements advised by us.

11.4

The Game is provided for general information and entertainment purposes only. It does not offer information or advice on which you may rely. Although we make reasonable efforts to update the information provided via the Game, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

11.5

The Game is for domestic and private use. If you use the Game for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You are solely responsible for any applicable taxes which may be payable on prizes awarded to you through your use of the game.

11.6

The Game may contain links to other independent websites which are not provided by us. You acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such websites, and we do not accept any responsibility for their content, safety, practices or privacy policies.

11.7

If our performance of this Agreement is prevented or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of occurrence.

12. APPLICABLE LAW & OTHER IMPORTANT TERMS

12.1

This Agreement is governed by English law. You and PokerStars agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident outside England and Wales, you may also bring proceedings in your jurisdiction.

12.2

We may transfer our rights and obligations under this Agreement to another organisation.

12.3

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.  Any modification to or deletion of a provision or part-provision under this provision shall not affect the validity and enforceability of the rest of this Agreement.

12.4

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.5

This Agreement is between you and PokerStars. No other person shall have any rights to enforce any of its terms.