Our Online Poker Software Terms of Service.
This end user license agreement (the “Agreement”) should be read by you (the “User” or “You”) in its entirety prior to your use of our service or products. Please note that the Agreement constitutes a legally binding agreement between you and 1Poker.com (referred to herein as “1Poker” or “Us” or “We”) which owns and operates the internet sites found at www.1poker.com (the “Sites” or “Website”). By entering into this Agreement, you acknowledge that 1Poker and all Agents or other Sites that uses our Service or Product of 1Poker belongs as a “Group” where any basic Terms & Conditions in using our Service or Product applies.
For the purpose of this Agreement, the definition of “Software” will include all the 1Poker poker software and assets in the form of Program and also Application wherein you are able to access, use and also install to your personal devices including and not limited to Desktop or Laptop Computer (“PC”) or smart devices (including and not limited in the form of Phone, PDA< Tablet, or other devices that are available on the market currently and in the future) through www.1poker.com (“PC Software” and “Mobile Software”).
When using the service to play Games (as defined below), you will have the option to purchase virtual chips (“Virtual Chips”). The operation and provision of the Virtual Chips for use in the Games is provided by 1Poker. For the purpose of this Agreement, the terms “Virtual Chips” and “Free Chips” together shall be referred to as “Chips”.
1. Grant of License/ Intellectual Property
1.1. Subject to the terms and conditions contained herein 1Poker grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access our servers and play the Poker Games (“Games”) for “free” / “with money” available (where Software and Games together being the “Product” or “Service”).
1.2. The Software is licensed to you by 1Poker for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions, countries, provinces, or states from which it is illegal to do so. It is the User’s responsibility to ensure that their use of the Service is lawful and You agree to comply with all country, province, state, and local laws when using the service.
1.3. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
1.4. 1Poker are the sole holders of all rights in the Software and the Software’s code and structure, where we are protected by copyright, trade secrets, intellectual property and other rights. You may not within the limits prescribed by applicable laws:
- 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 anything; or
- Use the Software in a manner prohibited by applicable laws or regulations.
(each of the above is an “Unauthorized Use”).
1Poker and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will solely be liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use.
1.5. The terms “1Poker”, the domain name “1poker.com” and any other trade marks, service marks, signs, trade names and/or domain names used by “1Poker” on the Site and/or the Software from time to time (the “Trade Marks”), are the trade marks, service marks, signs, trade names and/or domain names of 1Poker and/or licensors and these entities reserve all rights to such Trade Marks.
You agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, including the intellectual property or other rights, held by 1Poker. Its Group of companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of 1Poker, its Group companies, employees, directors, officers, and consultants.
1A. Purchase of Virtual Chips
We have entered into an agreement with 1Poker to provide and operate the Virtual Chips for use in the Service. When purchasing Virtual Chips for use in the Service you are contracting directly with 1Poker.
1A.1. While using the Service, you will get to “buy”, “earn”, or “sell” Virtual Chips for use in our Service.
1A.2. You may purchase a license to use Virtual Chips for valuable consideration, by visiting the deposit page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.
1A.3. When you purchase a license to use Virtual Chips, we may send you a confirmatory e-mail that will contain details of the Virtual Chips you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. If you have any concern, please contact customer support. 1Poker keeps records of transactions in order to deal with any queries.
1A.4. For the purchase of Virtual Chips, your order will represent an offer to us to purchase a license for such Virtual Chips which will be accepted by us when we make the Virtual Chips available in your account for you to use in our Games (the “Acceptance”). Your license to use Virtual Chips for use in our Games is a service provided by 1Poker that commences upon Acceptance by 1Poker of your purchase. A purchase of license to use Virtual Chips is non-refundable by 1Poker.
1A.5. 1Poker may incur additional fee for Service usage in purchasing Virtual Chips license at any time. You acknowledge that 1Poker is nor required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Chips when you close your Account, whether such closure was voluntary or involuntary.
We retain authority over the issuing, maintenance, and closing of Users’ accounts on the Sites. The decision of our management, as regards any aspect of a User’s account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.
3. Your Representations And Warranties
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
3.1. Your use of the Service is at your sole option, discretion and risk.
3.3. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond our control and we shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
3.4. You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your usage of the Services.
3.5. You are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site (“Self Exclusion”).
4. Prohibited Uses
4.1. Software Modifications. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
4.2. Personal Use. The service is intended solely for the User’s personal use and entertainment and not for shared usage or to provide advantage to other accounts. The User must provide full and truthful information in respect of all details and information provided by the User to us, and the User is obligated to update such details in the event of any change thereto.
4.3. Collusion. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. We reserve the right, in addition to other measures, to restrict seating and/or prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, we reserve the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly we shall have the right to terminate a User’s account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
4.4. External Player Assistance Programs (EPA). We prohibit those External Player Assistance Programs (“EPA Programs”) which are designed to provide an “Unfair Advantage” to players. We define “External” to mean computer software (other than the software).
4.5. 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.
4.6. 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 participates or attempts to participate in chip-dumping with any other User while using the Service may be permanently banned from using the Service and their Account may be terminated immediately. In such circumstances we will be under no obligation to return or credit to you and Chips that may be in your Account at such time.
4.7. Fraudulent Behavior. In the event that we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
- Immediately blocking a User’s access to the Service,
- Seizing all Chips held in the User’s account,
- Terminating a User’s account; and/or
- Taking legal action against a User.
5. Offensive Language or Content
The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with our staff.
6. Security And Your Account
6.1. Each Account shall be accessible through the use of a combination of a unique and secret Username and Password, together being referred to as the “Login Credentials”. The User is obligated to choose his/her own Login Credentials.
6.2. The User agrees the he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her Account.
6.3. The User is always obliged to keep his/her Login Credentials secret and confidential and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
6.4. A User may only have one Account and shall only use the Service using such single account. It is prohibited for a User to open multiple Accounts. In the event that we become aware of additional accounts opened by a User, we may close such additional accounts without notice.
6.5. You will not be able to place any bets (with Chips) using the Service in an amount greater than the total amount of Chips in your Account.
6.6. We reserve the right to run identity checks on a User, using the information provided to us by a User on registration with the Service.
The User accepts that the historical data of each game shall be as recorded on our servers. In the event of a discrepancy between the cards displayed on your computer and the game records on our server the latter shall prevail.
We reserve the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Sites. Therefore, we encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.