IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. WE RECOMMEND YOU PRINT THE CONTENT OF THIS AGREEMENT AND STORE IT ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS AS THEY RELATE TO YOUR USE OF THIS SITE. WE DO NOT FILE EACH INDIVIDUAL CONTRACT WITH USERS SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
NOTIFICATION OF THESE TERMS AND CONDITIONS CONSTITUTES THE MAKING OF AN OFFER. BY REGISTERING TO MAKE USE OF THE SERVICES COVERED BY THIS AGREEMENT, YOU ARE CERTIFYING THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT REGISTER AND YOU MUST NOT OPEN AN ACCOUNT AND YOU WILL BE UNABLE TO ACCESS THE SOFTWARE AND THE GAMING SERVICES OFFERED IN CONJUNCTION
THEREWITH.
This end user agreement (the “Agreement”) is a legally binding agreement between (a) You, the end user (“You”), (b) EuroClub Poker Limited, registered address at Flat 3, St. Francis Building, Ball Street, St. Julians, STJ 3121, Malta, Europe, a company registered in Malta, having registration number C49146, and (c) Mojo Interactive Solutions N.V., a Curacao corporation with company number 140944 and whose registered address is at World Trade Center Curacao, Suite TM I 22 B, Curacao, Dutch Caribbean, P.O. Box 6248, Curacao (hereinafter both companies (b) and (c) together referred to as “CLUB”). The software (the “Software”) and gaming services (the “Gaming Services”) are being provided to You by two different companies:
(i) For Poker games: EuroClub Network Limited, a company registered in Malta, at Flat 3, St. Francis Building, Ball Street, St. Julians, STJ 3121, Malta, having registration number C 48057, and having the relevant Class 4 License (LGA/CL4/594/2009) to operate Remote Gaming issued by the Malta Lotteries and Gaming Authority.
(ii) For Casino games: Mojo Interactive Solutions N.V., a Curacao corporation with company number 140944 and whose registered address is at World Trade Center Curacao, Suite TM I 22 B, Curacao, Dutch Caribbean, P.O. Box 6248, Curacao and having relevant licensing from Curacao Egaming.
EuroClub Poker Limited is regulated and operating under the Lotteries and Gaming Authority of Malta, (the “LGA”) having an allotted Class 3 on 4 Remote Gaming license issued by the LGA, LGA/CL3/594/2010.
Mojo Interactive Solutions N.V. is regulated and operating under the License No. 1668/JAZ issued to Curaçao eGaming, Authorized and Regulated by the Government of Curaçao.
In the event of any complaints, claims, question and disputes with regard to any outcome regarding the services or any other activity performed by CLUB, you should contact our CLUB Customer Care Team upon ([email protected]). To the extent that you are not satisfied with CLUB’s response you may contact the LGA at Suite 1, Level 3, TG Complex, Brewery Street, Mriehel, Birkirkara BKR 3000, Malta.
Please note that the Software and Gaming Services are NOT FOR USE BY PERSONS UNDER 18 YEARS OF AGE (in case of Estonia, users must be at least 21 years old). No one under the age of 18 years (21 years in Estonia) is permitted to wager or participate in the activities, games, Software and Gaming Services, nor residents of Curacao, USA, Spain, France nor Countries where the Services are prohibited. If it comes to CLUB’s attention through reliable means that a registered user is a person under 18 years of age (21 years of age in Estonia) or is otherwise not permitted to use the Services, CLUB will, among other recourses available to it, cancel that user's account.
You understand and accept that CLUB is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the services. Any use of the services is at your sole option, discretion and risk. By using the services, you acknowledge that you do not find the services to be objectionable, unfair or inappropriate in any way.
Some countries may prohibit or limit some or all forms of gambling available on this site. You are responsible for ensuring that you are familiar with your country’s laws relating to gambling (and, if dissimilar, the laws of the country in which you are actually playing) and that you do not infringe these regulations.
Your attention is drawn to our Private Policy which describes how we deal with and protect your personal information. By accepting these terms and Conditions, you are also acknowledging and accepting the Privacy Policy.
This Agreement shall apply to any use of the Services. In case of contradiction between a provision of this Agreement and any provision on the web site, the provisions of this Agreement shall prevail. Unless otherwise indicated herein to the contrary, any reference made in this Agreement to CLUB shall be deemed to have been made to CLUB, and its affiliated corporations, successors and assigns.
These terms and conditions, together with the (EuroClubPoker.com) Tournaments section, How to Play section, all game rules, the Disconnection and Cancellation Policy, and any other additional rules, policies and terms on (EuroClubPoker.com) specifically relate to and govern any particular event, game, software or tournament constitute a legally binding agreement ('Agreement').
All game rules are found in the game pages when you enter in http://euroclubpoker.com/poker/rules/. Please read them before proceeding. The game rules form an integral part of these terms and conditions.
If this agreement is translated, the English language text shall prevail. Any other document provided in connection with this agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.
SOFTWARE
1. SOFTWARE LICENSE: CLUB grants You a personal, non-exclusive, non-transferable license to use the Software, but retains all proprietary rights to the Software. All rights not specifically granted under this Agreement are reserved by CLUB and, as applicable, CLUB's licensors. The Software is licensed for Your personal use only. Your license confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software.
2. OWNERSHIP OF SOFTWARE: All right, title and interest and intellectual property rights in the Software are owned by CLUB or its licensors, and may be protected by applicable copyright or other intellectual property and gaming laws and treaties. All rights not expressly granted under this Agreement are reserved by CLUB.
3. USE OF SOFTWARE: You may only use the Software in accordance with this Agreement. You may install the software or any other components of the Services on any additional personal computers. You may make back-up copies of the software provided that such use and backup copying is only for Your own personal use in accordance with this Agreement, and further, that such installation and use is made through a computer of which You are the primary user.
You may only use one instance of the software on one computer at any time. You are not permitted to play at the same table or in the same tournament using multiple accounts from the same computer hardware and doing such will be a direct violation of this agreement.
4. SOFTWARE LIMITATIONS: The Software contains copyrighted materials, trade secrets and other proprietary material. You acknowledge that the Software in source code form remains a confidential trade secret of CLUB. You may not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the Software. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the Software to any third party. Any assignment in violation of this Agreement is void.
5. CHANGES IN SOFTWARE FUNCTIONALITY: By accepting the terms of this Agreement, You agree that CLUB is permitted to limit, deny, update or cancel some or all of the functionality of this Software at any time, without prior notice. You agree to bear the risks of and hold CLUB harmless for any and all effects that a change in functionality may have on Your ability to use the Software. CLUB may require, as a condition to Your continued access to CLUB's services, Your acceptance of Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.
TERMS OF SERVICE
6. ACCEPTANCE OF TERMS: CLUB permits You to use or play its Services, subject to the terms of this Agreement. Please read them carefully. By registering and opening an account as contemplated by section 7 below, You are certifying that You agree to be bound by the terms of this Agreement. If You do not wish to be bound by these terms, You must not register and open an account, and You will be unable to access or use the Services. The terms of this Agreement may be changed or updated at any time by CLUB, without any notice to You. Your continued access to, and use of, the Services will mean that You agree to be bound by the most current version of this Agreement. You can review the most current version of this Agreement at any time at wwhttp://euroclubpoker.com/contact/terms-conditions.
7. REGISTRATION: To use CLUB's services, You must first open an account by entering a unique and valid e-mail address and associated password. You are responsible for your account and access to the Website; you do not act on behalf of others and do not authorize others to take part in games using your account. To deposit funds to Your account, You must enter Your first and last name, address and telephone number. You agree to provide only true and current information and You further agree to update this information as necessary to keep it true and up-to-date. You also agree to allow the Club software to take a digital fingerprint of Your computer for security reasons. The fingerprint comprises of a set of numbers including IP configuration which is stored along with Your account information. When opening a play money account at CLUB, You will be able to access the following: play money games, play money tournaments. With a real money account, You can access real money games and real money tournaments. It is strictly forbidden to have more than one active account at CLUB at any one time. CLUB reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and CLUB will not be liable for any such action.
8. PERSONAL USE OF GAMING SERVICES: You agree to keep Your account information secret and confidential and to not allow anyone else to use or have access to it. Any participation in the games is at Your sole choice, discretion and risk. By playing at CLUB, You agree that You do not find the Services or other aspects of CLUB to be offensive, objectionable, unfair or indecent. You are only allowed to wager for Your own personal entertainment. You do not authorize others to take part in games using your account. Any commercial use of CLUB is strictly forbidden. You agree that you are responsible for verifying and abiding by the laws governing gambling in the place where the Software is used.
9. ROBOTS, ARTIFICIAL INTELLIGENCE AND OTHER SYSTEMS: It is strictly forbidden to use any automated software or computer system to play at CLUB, including the action of sending information from Your computer to another computer where such software or system is active. Poker-Robots or any software designed to play automatically at poker sites is not allowed. At any time while You are playing at CLUB, the Software may scan Your computer for any activity of such software and systems. Also forbidden is the use of any software during the game that is designed to track and display the actions of the other players on the site or any system or service to transfer funds to or from a player's CLUB account to their account at any other site or the deliberate "dumping" of chips between any accounts on the Club Network. It is also strictly forbidden to use any programs which display the playing history, statistics, or tendencies of other players on the Club Network, other than systems where:
Hand histories obtained by the User him/herself via their own play is used. Users cannot import hands.
Hand histories which were obtained from opponents with the nick name which matches the nick name which was used while the hands were actually played.
Note: the data collection of playing history, statistics or tendencies of other players is confined to playing sessions where an opposing player is using a unique nick name and which also do not retain any data after the specific user name is no longer used by the opposing player. Players at Club are permitted to change their nick name every 7 days.
Use by players of external player assistance programs which are designed to provide players with an unfair advantage over their opponents are expressly prohibited. CLUB defines external player assistance programs as computer software and non-software-based databases or profiles and deems access to or the ability to gather data or information on other players by any means that would not be accessible via their own first-hand experience to be "unfair". Usage of such methods will result in the closing of Your account and be subject to confiscation of Your winnings and funds. CLUB reserves the right to publicize information of any such documented abuse including Your personal information.
10. NO COMPANY EMPLOYEES: If You are an officer, director, employee, consultant or agent of the Company or one of its group companies, or suppliers or vendors, You are not permitted to register with CLUB or to participate directly or indirectly in any of the CLUB Gaming Services (each an "Unauthorized Person") unless you do so based on the written permission of CLUB and such participation is part of your employment and/or done as promotion for CLUB. Similarly, relatives of Unauthorized Persons are not permitted to register with CLUB or to participate directly or indirectly in any of the Services. For these purposes, the term '"relative" shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
11. PLAY MONEY: Play money is not real (bona fide) money and is kept separate from real money. Play money does not constitute or represent any value whatsoever. Play money can only be used for playing at play money tables and cannot be collected, cashed out or in any other way be made into or transferred between CLUB and You or any other person or legal entity.
12. REAL MONEY: To play with real money, You are required to deposit real money into Your account by the methods provided to You by CLUB. Minimum as well as maximum limits apply to real money deposits. All real money will be paid, tracked, and maintained in United States Dollars, and will not bear any interest. All fees levied by payment processors are Your responsibility. Using a credit card to fund Your CLUB account may be treated as a Cash Advance by the bank that issues Your credit card. All interest and or fees associated with a Cash Advance are Your responsibility. Please keep the speed at which You play reasonably fast. If You are playing on more than one table and CLUB receives too many complaints about Your speed of play, CLUB may restrict the number of tables at which You are eligible to play. CLUB is not responsible for any losses incurred due to accidental bets placed on Your behalf during a game or when playing at multiple tables due to tables switching locations onscreen. Please make sure You are playing at Your skill level when playing at CLUB.
13. CONDITIONS FOR CLUB’S RIGHT TO TERMINATE EVENTS/GAMES: In the event of server crash, or unscheduled downtime, CLUB will refund players as follows:
- Ring Games: In the event of a server crash, all hands in progress will be rolled back. Each player's chip count will be reset to the amount at the beginning of the hand.
- Tournaments (SNGs/MTTs): If CLUB experiences a server crash or unscheduled downtime of less than 20 minutes CLUB will attempt to restart tournaments as soon as the majority of players have reconnected. If the downtime lasts longer than 20 minutes CLUB reserves the right to cancel tournaments and refund players based on CLUB’s tournament cancellation policy.
- Tournament Cancellation Policy: In the unlikely event that CLUB has to cancel a scheduled tournament CLUB will make all possible efforts to refund players as fairly as possible. Due to the varied scenarios that may be involved CLUB has decided to simplify its policy to cover the three most likely scenarios:
- Cancellation prior to the start of a tournament: If a tournament is cancelled prior to starting, all players will receive a refund of their full tournament registration fees. Tournament fees will be refunded in the exact manner that they were paid. (This may include any combination of cash, Gold Chips or Gold Cards).
- 50/50 Tournament Policy: If a tournament is cancelled before the money, CLUB will try to compensate all remaining players based on their play up to the time of the cancellation. This is best achieved by awarding 50% of the prize pool to all remaining players and the other 50% of the prize pool will be awarded proportionately based on each player's chip count. All remaining players will also receive a refund of their entry fee. Any player who was eliminated prior to the cancellation will not be entitled to a refund. All awards for a tournament cancelled in progress will be cash. If the cancelled tournament has a guaranteed prize pool, only the entry fee will be returned (not the guaranteed prize).
- In the Money Tournament Policy: If a tournament is cancelled and there are players in the money, CLUB will try to compensate all remaining players based on their play up to the time of the cancellation. This is best achieved by awarding each remaining player with the minimum prize not yet awarded, and the rest of the prize pool will be awarded proportionately based on each players chip count. All remaining players will also receive a refund of their entry fee. Any player who was eliminated prior to the cancellation will not be entitled to a refund. All awards for a tournament cancelled in progress will be cash. If the cancelled tournament has a guaranteed prize pool, only the entry fees will be returned (not the guaranteed prize).
14. CASH OUTS: In the cashier section of the Software, You will be able to monitor Your account balance which is the amount of real money You have available, plus or minus any accumulated winnings or losses from playing any of the games on the Service, less any amounts previously cashed out by You or amounts forfeited or reclaimed by CLUB. All amounts cashed out are subject to the transaction limits and processing fees of CLUB. Limits and fees may change from time to time at CLUB's sole discretion or by You in the case of user defined limits. A cash out will only be remitted by CLUB, to the same account from which the funds paid into the player’s account originated. Refer to table in the Banking Section for the payment options to which a withdrawal cannot be affected. In the case where the funds cannot be remitted back to the original payment option, the player has to make a small deposit using another payment method, the relevant checks will be carried out and once verified the withdrawal will be processed. Players withdrawing cumulative amounts in excess of €2,300 will be subjected to identity verification. You may request a check of a minimum of €500 and a maximum of €9,000.00 every 7 days. Deposits are available in the player account right away. Withdrawals are processed within 48 hours. Minimum withdrawal amount is $50. No processing fees apply for withdrawals made through e-Wallets. All customers are entitled to one FREE check withdrawal per calendar month. All subsequent checks requested within the calendar month will carry a $35 fee which will be deducted from the amount requested. For further details on all options You may visit our page http://euroclubpoker.com/banking/.
Any claim relative to Your Account history or the balance of Your Account must be made within 14 days after the date on which it is posted online. Continued use of the Website beyond this period of 14 days will be regarded as an indication that you accept the said statements. In the event of a dispute over the results of games, you must send your complaint to CLUB by email to [email protected] within 14 days. In the event of disagreement, the result given by the server software of CLUB shall prevail. If a claim cannot be resolved, the Lotteries and Gaming Authority of Malta can be contacted at the following address: [email protected].
15. SECURITY CHECKS, REVIEWS AND RELEASES: CLUB reserves the right to verify Your identity and the fidelity of the information You have supplied by making various security and ID checks. If You fail or refuse on request to comply and sign a security request from CLUB, CLUB reserves the right to void Your account. The transfer of funds between player accounts and the sale, transfer or acquisition of funds to/from players is formally prohibited. You do not treat CLUB as a financial institution nor expect interest on deposits.
16. ABONDONEMENT OF ACCOUNT BALANCE: In the event that no transaction has been recorded on a Player's account for thirty months CLUB reserves the right to close the account and remit the balance using the last known details of the player. In the event that the player cannot be satisfactorily located CLUB has the obligation under the Act to remit the balance to the Lotteries and Gaming Authority. No claim shall lie against the CLUB in the event the balance is remitted to the LGA in these circumstances.
17. REFER-A-FRIEND PROGRAM: By accepting this agreement, You agree to allow CLUB to reward You with bonuses of real money from the rake generated by other players that You have assisted in opening real money accounts. This assistance generally materializes when You distribute Your E-mail address to other players and solicit them to reference it when they create an account. CLUB may, from time to time, offer other promotions or initiatives designed to assist You in being rewarded for introducing real money players to CLUB. Club is not responsible for the failure of a referred player to correctly submit his/her E-mail address. CLUB reserves the right to change rules, levels and limits of the Refer a Friend Program at its sole discretion.
(i) Payment: Your account will be credited with a bonus from the Refer a Friend Club Program within seven days from the End of each Calendar Month.
(ii) Unlocking Tiers and Associated Bonuses: Rules governing how to unlock Tiers and the associated bonuses are found inside the CLUB Software (Click on Rewards -> Refer a Friend link). Bonuses are based on the Frequent Player Points generated by the players You have referred. Failure to meet the Frequent Player Point requirements in any Tier, regardless of cause, will result in the tiers remaining locked or unclaimed.
(iii) Improper Advertising Practices: CLUB will reward You for telling others about our Gaming Services. However, we monitor methods used to promote CLUB and if You are found to be:
a. Mass mailing unsolicited e-mail addresses
b. Wilfully and blatantly ignoring rules of any 3rd party website by posting invitations to sign up, and/or
c. Using advertising messages with grossly misleading claims of promotional rewards
You may be subject to having Your participation in the Club Refer a Friend program suspended or terminated.
(iv) Termination of Refer a Friend Participation: Performing any of the improper advertising practices outlined above may result in Your Termination of participation in the Refer a Friend Club program. This includes a forfeiture of Your current Refer a Friend balance, forfeiture of any future Refer a Friend revenue and loss of ability for You to claim any further referred friends.
18. GOLD CARD: By accepting this agreement, You agree to allow CLUB to reward You with Gold Cards for Your real money ring game play. In the event that a prize(s) is announced for a Gold Card(s) that You possess at the time, it is Your responsibility to redeem the Gold Card(s) before the published time of expiration. No Gold Card(s) will be allowed to be redeemed for a prize once the prize time has expired. Your Gold Cards will not expire and will remain in Your account, so long as the account is not abandoned (see section 15).
19. GOLD CHIPS: By accepting this agreement You agree to allow CLUB to reward You with Gold Chips based on the rules set forth on the CLUB website). Your Gold Chips will not expire and will remain in Your account, so long as the account is not abandoned.
20. OPERATION OF ACCOUNTS: During the term of Your Account, there may be circumstances which require changes to Your Account.
(i) Succession: In the event of Your death or permanent incapacity, CLUB requires a copy of the death certificate or a registered medical physician's statement and any other documents relating to administration or guardianship of Your estate as proof of Your successor's or guardian's (jointly referred to as "Beneficiaries") entitlement. In this event, any of Your income rights and/or the value of Your Account may be passed to Your Beneficiaries. Your Beneficiaries must submit a written application supported by the necessary documentation including a death certificate or registered medical physician's statement, for consideration by CLUB. Approval of this application shall not be unreasonably withheld. Transfers will only be approved if the Beneficiaries agree to assume Your account responsibilities and obligations as outlined in these Terms & Conditions. If a Beneficiary is not permitted to hold an account, the Beneficiary will be entitled to transfer Your interest in the account to a third party who is entitled to hold a CLUB account.
(ii) Self Exclusion: CLUB reserves the right to monitor Your account activities and notify You if CLUB believes You may have gambling problems. However, CLUB makes no warranties about its ability to identify and help You with gambling problems. You may request to be excluded from entering or using the CLUB Services for various reasons and may do so at any time by sending a request to ([email protected]).
(i) Bankroll Protection
Club Poker is proud to offer a feature that allows you to restrict the games in which you play based on the size of your bankroll. By enabling this feature, you can restrict yourself from games for which you don’t have the proper bankroll, as defined by generally accepted standards for bankroll management. Of course, as you win and your bankroll grows, you will automatically be able to play in larger games. To learn more about this feature, please log into the client, select 'My Account' and follow the link to the Bankroll Protection information page.
(ii) Limiting Your Personal Expenditure
Club Poker provides tools to help you control your gaming. You can establish limits on the amount you deposit over a given period, be it daily, weekly or monthly. Requests to tighten your limits will take effect immediately, whereas requests to loosen those limits will be addressed within a 24 hour period. You can set these limits when you first create your account, or you can change them anytime thereafter by visiting the Club Poker Cashier. From the Cashier, click on the 'Limits' button at the top of the screen, and a page will be displayed where you can set your daily, weekly and monthly spending limits.
(iii) Self-Exclusion
If you believe you have a gambling problem, or just wish to take an enforced break from gaming, Club Poker gives you the power to temporarily, or permanently, exclude yourself from playing at the site. If you choose to exclude yourself permanently your request will be honored, your account closed, and you will not be permitted to return to Club Poker at anytime in future. If you choose to request a temporary exclusion, your request will be honored and you may apply for reinstatement at a later date, as per your set instructions. You can select a two day, one month or six month self exclusion. Upon the expiry of the requested period of exclusion, your account will be unlocked automatically. You are not listed in the national database of persons banned from gambling. CLUB will check your exclusion status upon registration, and reserves the right to check it from time to time and to close your Account if necessary. Contractual obligations already made will be honored except for instances where CLUB is required by law to suspend/cancel all gaming activity of a specific player.
(iii) Suspensions and Termination of Account: CLUB reserves the right in its discretion and in relation to your account and any related payment service provider account, any accounts you may have with other sites and/or casinos and/or services owned or operated by or on behalf of CLUB to terminate this agreement, withhold your account balance, suspend your account and recover from such account the amount of any affected payout, bonuses and winnings if: You breach any of the Terms of Service of this agreement; or provide any false or misleading information to CLUB; or partake in fraudulent, inappropriate or offensive behaviour against CLUB or you have ‘charged back’ or denied any of the purchases or deposits that you made to your account ; or are involved in an activity which may be deemed contrary to accepted standards of fair dealing, in breach of laws applicable in Your jurisdiction and/or contrary to the interests of CLUB or injurious to CLUB's reputation. Some countries prohibit or limit some forms of gambling itself available on this site. You are responsible that you are familiar with your country’s legislation relating to gambling and that do not infringe any laws. However, the actions which may be taken by CLUB in the event that you engage in such conduct can include, but are not limited to warnings, temporary suspension of CLUB Services and, temporary suspension of your CLUB account. The termination of your CLUB account will only be considered in the case of the most serious violations or, as a result of multiple violations and where possible, only after repeated communication with you. In the event of the termination of your account, You agree
(i) Your right to make any representations regarding CLUB in any way whatsoever is immediately revoked;
(ii) Your right to use the CLUB Services, Your User Account and Password are immediately revoked;
(iii) You must destroy/delete all of Your copies of the Software.
(iv) Your right to any present or future entitlements You might otherwise have or have had arising from CLUB or Your use of the CLUB Services, as of the date of termination is revoked; and
(v) All other rights under these Terms of Service are terminated.
CLUB will endeavour to notify You of any minor breach of these Terms of Service of which CLUB becomes aware and will afford You a reasonable time in which to rectify that breach and show cause why Your Account should not be terminated. You will be notified of CLUB's decision and the reasons for its decision by E-mail.
(iv) Restrictions on Chat
· You should not chat about a hand while it is in progress.
· You should not use chat to offer advice to another player during a hand, or urge a player to take a particular course of action.
· You should not chat about any folded cards you held during a hand or any current cards you are holding during a hand.
· You should chat only in the English language and the table specific language as may be designated by CLUB in its sole discretion.
· You should not use foul, abusive or threatening language.
The above actions are discouraged as they show poor poker etiquette and can result in chat suspension or in severe and continuous breaches a complete chat ban or account closure.
DISCLOSURE TO THIRD PARTIES:
You agree to keep Your account and related information secret and confidential and to not allow anyone else to use it. If You intentionally or unintentionally, directly or indirectly, disclose e-mail and/or password to another person, and such disclosure results in a third party participating in the CLUB Service using Your e-mail and password, such participation will be invalid, and You will not be refunded any resulting losses at CLUB, regardless of whether or not the third party had Your consent or not. The company shall not be required to maintain e-mail or passwords if You misplace, forget or lose this data or are otherwise unable to enter CLUB because of anything other than the company's error. If you misplace, forget or lose your Account name, username or password as a result of anything other than CLUB’s error, CLUB shall not be liable.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless CLUB, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable attorney's fees), arising from or asserted by any third party relating in any way to (i) Your use of the CLUB Services, or any other product, service or promotion offered to You buy CLUB; (ii) any claim of infringement of third party intellectual property rights; (iii) uploading, posting, emailing, reproducing, transmitting or otherwise distributing any Content or other materials by You; or (iv) the breach of any of these Terms of Service by You or any users of Your account with CLUB. CLUB reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, which shall not excuse Your indemnity obligations.
ABUSIVE OR OFFENSIVE LANGUAGE
Abusive or offensive language will not be tolerated in the CLUB Service or with the CLUB staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by CLUB to ensure compliance. You are not permitted to use inappropriate or offensive language in connection with your user name and/or player ID which includes, but is not limited to profane, sexist or racist language. CLUB reserves the right to make changes to any Users name or player ID that violates this policy and to take any steps in deems appropriate, up to and including closing a Your account. If You create an account with an offensive user name and/or player ID or change your existing user name/ID to an offensive one you may have Your user name/ID changed and locked and the ability to change Your user name and/or player ID will be revoked. You may still be permitted to change Your name/ID once per month but you will be required to contact support to do so.
DISCLOSURE OF FRAUDULENT ACTIVITIES
CLUB has a zero tolerance policy towards inappropriate play and fraudulent activity. If, at CLUB's sole determination, You are found to have cheated or attempted to defraud CLUB in any way including but not limited to game manipulation, chip dumping, transfers or payment fraud, or if You make untrue and/or malicious comments with regard to the company's operation in any media or forum, the company reserves the right to publicize Your actions as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, the company may close any accounts, and forfeit account balances, that You have at CLUB or at any other CLUB related website and/or business. CLUB reserves the right to void and withhold any or all winnings made by any person or group of persons where we have reasonable grounds to believe that the said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage CLUB.
SECURITY REVIEW
In order to maintain the level of security and integrity in the system, CLUB reserves the right to conduct a security review at any time in order to verify identity, age, the registration data provided by you, in order to verify Your Use of the services, including but not limited to your compliance with these Conditions and the policies of CLUB and your financial transactions carried our via the services for potential breach of these Conditions and of applicable law. As such you authorise us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Conditions, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate the security reviews, you agree to provide such information or documentation as CLUB at its discretion may request. All transactions will be checked by our Fraud personnel to prevent money laundering. If You commit fraud or make a chargeback, the amount existing in your account will be frozen and cannot be reimbursed until an investigation has been carried out and has declared You to be honest. Deposits of money from an illicit source will be frozen and reported to the appropriate Maltese authorities. All forms of criminal or suspect activity will be reported.
COMPLAINTS AND NOTICES
In the event of You having any complaints, claims or disputes with regard to any outcome regarding the services or any activity provided by CLUB, You must submit your complaint to CLUB in writing as soon as is reasonably practicable allowing the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to ([email protected]). Any notice we give to you will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address.
COMPENSATION
You agree that you will only use the services provided by CLUB in accordance with the Terms and Conditions set out in this schedule. Any breach of these conditions which results in CLUB incurring any losses or costs will render you liable to compensate CLUB for any said losses or costs in their entirety.
COPYRIGHT AND TRADEMARKS
The logos carried about and belonging to CLUB, custom graphics and button icons are trade names, service marks or trademarks of EuroClub Poker Limited or its affiliates if any. All other trademarks, trade names and service marks on the Site are the property of their respective owners (the "Other Marks"). Without CLUB's prior permission or the prior permission of the owners of the Other Marks, You agree not to display or use in any manner, the CLUB Marks or the Other Marks.
GOVERNING LAW AND DISPUTES
Malta Court Jurisdiction for Disputes: These conditions shall be governed and construed in accordance with the laws of Malta. You agree to submit for the benefit of CLUB, to the exclusive jurisdiction of the Lotteries and Gaming Authority and the Courts of Malta for settlement of any disputes or matters arising out of or concerning these Conditions or their enforceability. If any part of these Conditions is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Conditions, which shall remain valid and enforceable according to their terms.
LGA Reporting: CLUB may be obliged in accordance with the Act to provide regulatory disclosures of personal information to the Authority including, inter-alia, details of players breaching these terms and conditions and especially: players gambling or attempting to gamble when under age or suspected of being under age; players engaged in suspicious transactions or suspected to be engaging in money laundering or fraud; players colluding or suspected of collusion; players using robots or modifying the software or suspected of doing so; suspicious use of the Chat facilities; players who have left their accounts dormant; players who register a dispute with the authority.
Account Disputes: Where there is any dispute concerning a player's account, CLUB reserves the right to suspend the player's account until a resolution is reached. Any disputes must be lodged in writing stating the date, time and details of dispute and sent to CLUB at Flat 3, St. Francis Building, Ball Street, St. Julians, STJ 3121, Malta. CLUB takes player disputes very seriously and endeavors to take all reasonable steps to investigate and resolve all disputes. If, having filed a complaint in writing and having given CLUB reasonable opportunity to address the complaint you have the right to bring the dispute to the attention of the regulatory body, the Malta Lotteries and Gaming Authority ([email protected]). The LGA's decision will be final in cases brought to the attention of the LGA for arbitration.
Settlement of Disputes: You fully accept and agree that the random number generator ("RNG") will determine the outcome of the games or other promotions that utilize the "RNG". Further, in the event of a discrepancy between the result showing on the software and the gaming server, the result showing on the gaming server shall be the official and governing result of the game. Moreover, You understand and agree that the CLUB records shall be the final authority in determining the terms of Your participation in the CLUB Gaming Service, the activity resulting from there and the circumstances in which they occurred.
PRIVACY AND DATA PROTECTION
Privacy Policy Enquiries: The Privacy Policy sets out our data processing practices carried out through the use of the Internet and World Wide Web. If you have any requests concerning your personal information or any queries with regard to these practices, please contact us at: ([email protected])
Data Protection Act Registration: EuroClub Poker Limited is bound and compliant with the European Data Protection Directive 94/46/EC in respect of the handling and collection of your personal information.
Personal Information Capture: CLUB collects personal information from visitors to its website through the online registration process and every time you interact with us.
Use of Personal Information: CLUB processes personal information collected via this website for the purposes of: Setting up and managing your account; Building up your personal profiles; Providing you with information about CLUB’s promotional offers; and complying with all regulatory requirements, in particular those relating to the identification of individuals under money laundering legislation. Access to Personal information is limited to the staff of CLUB and/or its agents in accordance with their roles and responsibilities in managing the above uses in accordance with the applicable Data Protection Act. CLUB may share your personal data with any of its agents who may only use such data for strictly the same purposes as CLUB shall specify and within the terms of these Conditions. CLUB shall use your personal data in accordance with the Privacy Policy.
Recordings: You should assume that all use of our website, chat, emails and telephone calls between you and CLUB will be recorded. These recordings will be the sole property of CLUB and may be used as evidence in the event of any dispute or to improve customer care.
TAXES
You are solely responsible for reporting and paying any taxes as required by the governing law of your country of residence.
MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Conditions and as modified and/or amended by CLUB from time to time, CLUB reserves the right to change these Terms and Conditions at any time. Such changes shall have effect immediately upon publication on this site and you agree to be bound by them and to regularly review these terms for the purposes of monitoring such changes. If any modification is unacceptable to you, your only recourse is to terminate these Conditions. Your continued use of the services following notification will be deemed binding acceptance of the modification. It is your sole responsibility to review these Conditions and any amendments each time you play. These Conditions and the documents referred to herein represent the complete and final Conditions agreed between you and CLUB in relation to these Terms and Conditions and supersede any and all prior agreements between you and CLUB.
DISCLAIMER OF WARRANTIES:
A. YOUR USE OF THE CLUB SERVICES IS AT YOUR OWN RISK. CLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLUB; ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND AGENTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, ITS CONTENT, AND ANY INFORMATION OR OTHER MATERIALS PROVIDED BY CLUB IN CONNECTION WITH USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
B. CLUB MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE; OR (iii) THE SERVERS THAT MAKE CLUB'S SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED.
C. THE SECURITY MECHANISMS INCORPORATED INTO THE SERVICES HAVE INHERENT LIMITATIONS AND YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF CLUB SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACTIVITY.
D. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.
E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL CLUB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, USE, DATA, GOODWILL OR OTHER INTANGIBLES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH:
F. YOUR USE OR INABILITY TO USE THE SERVICES;
G. GOODS, DATA, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE CLUB SITE;
H. INFORMATION RECEIVED THROUGH THE CLUB SITE;
I. MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, DAMAGES TO COMPUTER SYSTEMS OR EQUIPMENT OR OTHER PROPERTY, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CLUB'S RECORDS, PROGRAMS OR SERVICES;
J. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CLUB SERVICE; OR
K. ANY OTHER MATTER RELATING TO THE CLUB SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE CONTENT AVAILABLE THEREON, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR ONLY REMEDY IS TO DISCONTINUE USING THIS SERVICES. THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.
Notwithstanding the foregoing, if CLUB or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors should be found liable for any loss or damage which arises out of or is in any way connected to the Site, the liability of CLUB, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors shall in no event exceed, in the aggregate, U.S. €50.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LOSS OR CORRUPTION OF DATA AND DAMAGE TO COMPUTER EQUIPMENT:
CLUB shall not be responsible or liable for any loss or corruption of data or Content that You may experience while using the Service or otherwise. This includes, without limitation, the loss or corruption of data or Content resulting from a) Poker, system, or server "crashes" or outages, or other power outages; c) damage caused by viruses, worms, or security breaches, file corruption; and d) any other cause. CLUB assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer equipment or other property on account of Your access to, or use of, CLUB's Services.
MISCELLANEOUS:
These Terms of Service constitute the entire agreement between You and CLUB and govern Your use of the Site, superseding any prior agreements, if any, between You and CLUB, including, without limitation, any prior versions of these Terms of Service.
A. You agree that no joint venture, partnership, employment, or agency relationship exists between You and CLUB as a result of the Terms of Service or use of the Site.
B. The failure of CLUB to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver or relinquishment of such right or provision, or any other right or provision.
C. If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect.
VIOLATIONS:
Please report any violations of the Terms of Service to [email protected].
Last updated 09/10/2014