IMPORTANT - READ
CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT AND STORE ALONG
WITH ALL TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO
YOUR USE OF THE SITE.
These terms and conditions constitute a legally
binding agreement ("Agreement") between (a) you, the end user,
and (b) PartyPoker.com ("PartyPoker.com"), a trading name of
WPC Productions, Inc., and each of its officers, directors, agents,
employees, consultants, suppliers, vendors and affiliates (collectively
1. Applicability of Terms and Conditions.
By clicking on the "Accept" or "Continue" button,
you represent and warrant that you fully understand and agree to comply
with all of the following terms and conditions, and that failure to
abide by these terms and conditions may result in disqualification,
account closure, forfeiture of funds and/or legal action against you. If
you have any questions as to these terms and conditions, we encourage
you to seek independent counsel prior to clicking on the "Accept"
or "Continue" button.
2. Registration and the Games.
To play at PartyPoker.com, you will need to first register for an
account ("Account") by choosing a unique AccountName and
password and entering other information such as your first and last name,
address, email 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 current. By registering at PartyPoker.com,
you will be able to access both play money games and tournaments
("Play Money Games") and real money games and tournaments
("Real Money Games"), collectively the PartyPoker.com games
3. Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted poker rules and
procedures as specifically set out in the Games
of the PartyPoker.com website, as well as other sections of
the PartyPoker.com website and Software, including but not limited to How
to Play, Table Stakes, Tournaments,
and Disconnection Protection and
Cancellation Policy, and any other page that governs any particular
event, game or tournament, all of which are specifically incorporated
herein by way of reference.
4. Limited Use.
The Games are for entertainment only, and your participation in the
Games is solely for your own personal enjoyment and non-professional use.
You agree to keep your Account information secret and confidential and
to not allow anyone else to use it. No purchase is necessary or required
to play the Play Money Games and you may play the Play Money Games
without betting money. Any participation in the Games is at your sole
option, discretion and risk. By playing the Games, you acknowledge that
you do not find the Games or PartyPoker.com to be offensive,
objectionable, unfair, or indecent. Any other entrance, access, or use
of PartyPoker.com is strictly prohibited.
5. Legality of Participation in Games.
You may only participate in the Games if you are over 18 years of age
and it is legal for you to do so according to the laws that apply in the
jurisdiction from where you are connecting. You understand and accept
that Company is unable to provide you 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 complete legal
right to play the Games. Participation in the Games is void for whomever
and/or wherever prohibited by law.
6. Artificial Intelligence.
We are committed to detecting and preventing software programs which are
designed to enable artificial intelligence (non-human) to play on our
site. Such programs are often designed to send information about cards
or players to an external program. Information sent to an outside
program is not permitted. The company will take measures to prevent and
detect the use of such programs using methods including but not limited
to screen scraping or reading the list of currently running programs on
a player’s computer.
7. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent of
Company or one of its affiliated or subsidiary companies, or suppliers
or vendors, you are not permitted to register with PartyPoker.com or to
participate directly or indirectly in any of the Games (each an
“Unauthorised Person”). Similarly, relatives of Unauthorised Persons
are not permitted to register with PartyPoker.com or to participate
directly or indirectly in any of the Games. For these purposes, the term
“relative” shall mean spouse, partner, parent, child or sibling. Any
person found to have violated this section will not be entitled to
collect any winnings.
8. Copyrights and Trademarks.
The terms PartyPoker, PartyPoker.com, PartyPoker Million and
PartyPoker.com Million are the trademarks, service marks and/or trade
names of Company. Further, all material on PartyPoker.com, including but
not limited to images, pictures, graphics, photographs, animations,
videos, music, audio, text, and the Games belongs to Company or an
affiliated entity of the Company and is protected by copyright law. You
obtain no right to use such terms, graphics, text, concepts or
methodologies, by using PartyPoker.com and the materials contained
therein and/or herein.
You may install and use the computer programs ("Software")
available from PartyPoker.com on a hard disk or other storage device and
make backup copies of the Software, provided that such use and backup
copying is only for your own personal use for participating in the Games
in accordance with this Agreement, and further, that such installation
and use is made through a computer of which you are the primary user.
The Software is owned by Company and/or its licensors, and its structure,
organization and code are the valuable trade secrets of Company and its
licensors. The Software is protected by copyright law and International
Treaty provisions, and you obtain no rights to the Software except to
use it in accordance with this Agreement. You are strictly prohibited
from, and agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code
of the Software or any part thereof or to create, publish or distribute
derivative works from the Software. The Software is licensed and
distributed by Company solely for the purpose of enabling end users of
the Software to fully utilize the Games. You may use the Software for
online play only on Company's servers. You agree not to create or
provide any means (including, without limitation, emulators) through
which the Software may be used by others, except for online play on
Company's servers. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner
prohibited by any applicable laws, restrictions or regulations.
10. Shared Table and Database Platform.
Company reserves the right to run and utilize a shared table, server and
database platform ("Shared Table Platform") which enables
players from PartyPoker.com to play with players coming into the games,
tables and tournaments from other sites and brands to the same Shared
Table Platform so that the players may be pooled into common tables
regardless of which site or brand they may have entered from. In such
event, you agree that you may be pooled into these common tables, at
Company's sole discretion, and that to the extent that you breach the
terms and conditions of one site or brand, Company may have you blocked,
in part or full, from the entire system so that you may not play through
any site or brand. Further your play patterns, personal data, depositing
limits and history may be calculated and shared across the system to
counter fraud, over-depositing and other matters, as Company shall
decide in its sole discretion.
11. Play Money and Real Money Account
Play money funds are kept separate from bona fide (real) money funds and
are not transferable or exchangeable within an Account. Further, such
play money funds have no value in and of themselves and are
non-transferable nor redeemable for any bona fide currency. To play the
Real Money Games, you will be required to deposit bona fide funds into
your Account by any of the methods specified at PartyPoker.com, which
may change from time to time in Company's sole discretion. Generally,
said funds will be promptly deposited into your Account upon actual
receipt of funds by Company and/or its agents. Minimum and maximum
limits apply to deposits depending upon your history with PartyPoker.com,
the method of deposit, and other factors as determined solely by
Company. All funds will be paid, tracked and maintained in United States
Dollars, except as otherwise stated, and shall not bear interest.
Complimentary or bonus amounts credited by Company, if any, into your
Account for promotional purposes may only be used to play in the Games
and you are not entitled to withdraw such amounts without first
complying with the additional terms and conditions set forth in each
bonus offering, and if none, then the terms and conditions set forth on
Promotional Offer Terms and Conditions
are by way of reference
specifically incorporated herein. Further, Company reserves the right to
reclaim any bonus amounts if you do not use them within the period of
13. Cash Outs.
Your account balance ("Account Balance") is the amount of real
money deposited to your Account to access the Real Money Games, plus or
minus any accrued winnings or losses from playing the Games, less any
amounts previously cashed out by you or amounts forfeited or reclaimed
by Company. You may request to cash out and withdraw any or all of your
Account Balance at any time and there is no requirement to play the
Games in order for you to make such request. All amounts cashed out are
subject to the transaction limits and processing fees as set forth at
PartyPoker.com and may change from time to time in Company's sole
discretion. Further, Company may report and withhold any amount from
winnings as required by law, and in any event, all federal, state and
local taxes due in connection with any winnings awarded to you are your
sole liability. In no event may Account Balances be transferred,
substituted or redeemed for any other prize. Payment of funds cashed out
shall be made by check, wire, credit card and/or any other manner which
Company selects in its sole discretion. Payments will be made as
promptly as possible, subject to any reasonable necessary security
reviews by Company.
14. Electronic Service Provider.
As stated, in order to play the Real Money Games, you will be required
to financially transact with us, i.e., to send and receive money with us.
Company reserves the right to sub contract and use third party payment
processors and/or financial institutions ("Electronic Service
Providers" or "ESPs") to process such financial
transactions. In furtherance of such processing, you irrevocably
authorize us, as necessary, to instruct such ESPs to handle account
deposits and cash outs from your Account and you irrevocably agree that
Company may give such instructions on your behalf. Further, you agree to
be bound by the terms and conditions of use of each applicable ESP, and
in the event or conflict between this Agreement and the ESP's terms and
conditions, then this Agreement shall prevail.
15. Security Checks and Review and Releases.
To maintain a high level of security, Company reserves the right to
conduct a security review at any time to validate your identity, verify
your financial transactions and further document your consent to this
Agreement. To facilitate these security checks, you agree to provide
such identification or other information or documentation as Company, in
its unfettered discretion, deems necessary. If you fail to comply with
any security request, Company reserves the right to void your Account.
You will be notified of such verification request by electronic mail and
Account Balances will be forfeited if you do not sign and return any
required affidavit of identity and eligibility, release of liability
and/or publicity authorization.
16. Abandonment of Account Balance.
The Company reserves the right to cancel your PartyPoker.com account for
any justifiable reason whatsoever at any time without notice to you. If
you do not access your PartyPoker.com account by "logging in"
to your Account by using your AccountName and password for a period of
one hundred and eighty (180) days, your Account will be closed and the
entire Account Balance will be deemed abandoned and forfeited; provided
however, such requirement for log-in and entry is not and does not
constitute any requirement whatsoever for you to play any Game, deposit
funds or participate in any activity at PartyPoker.com other than
logging in. For the avoidance of doubt, pursuant to this section,
Company may also close any account with any ESP which you have.
17. Forfeiture, Account Closure and
Company reserves the right, in its unfettered discretion, to void any
winnings and confiscate any balance in your PartyPoker.com account (and
any ESP account or Company related account including other websites and
casinos owned or operated by Company) in any of the following
i. If you have more than one active
account at PartyPoker.com;
ii. If the name on your PartyPoker.com
account registration does not match the name on the credit card(s) or
other payment accounts used to make purchases at PartyPoker.com;
iii. If you participate in a
PartyPoker.com promotion and withdraw before fulfilling the requirements
of that particular promotion;
iv. If you provide incorrect or
misleading registration information;
v. If you are not of legal age;
vi. If you connect from a jurisdiction
where participation in the Games is prohibited by law;
vii. If you have "charged
back" or denied any of the purchases or deposits that you made to
viii. If you are found cheating or
attempting to cheat, or if it is determined by Company that you have
employed or made use of a system (including machines, computers,
software or other automated systems) designed specifically to defeat the
system or you are found to have colluded or attempted to collude with
other players of PartyPoker.com in order to defraud the Company;
ix. If you fail to comply with any of
the terms and conditions set forth in this Agreement; OR
x. If Company should become aware that
you have played at any other online gaming site under any of the
circumstances set out at i) to x) above.
18. Disclosure to Third Parties.
You agree to keep your Account secret and confidential and to not allow
anyone else to use it. If you intentionally or unintentionally, directly
or indirectly, disclose your AccountName and password to another person,
and such disclosure results in a third party participating in the Games
using your AccountName and password, such participation shall be valid,
and you will not be refunded any resulting losses at PartyPoker.com,
regardless of whether or not the third party had your consent or not.
The Company shall not be required to maintain AccountNames or passwords
if you misplace, forget, lose, or are otherwise unable to enter
PartyPoker.com because of anything other than Company's error.
You agree to hold Company, its employees, officers, directors, licensees,
licensors, affiliates, and subsidiaries harmless and further agree to
fully indemnify them from any and all costs, expenses, liabilities and
damages whatsoever that may arise as a result of your entry, use, or
reuse of PartyPoker.com, participation in the Games, or acceptance of
any cash payoff.
20. Suspension, Modification, Removal and
Addition of Games.
The Company reserves the right to suspend, modify, remove and/or add any
Game in its sole discretion and without notice. In the event of such
suspension, modification, removal or addition of any Game for any reason,
Company will not be liable.
21. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated in the multi-player
Games or with Company staff. Any violation of this policy will result in
a suspension of playing privileges or such other action as may be
required by Company to ensure compliance.
22. Confidentiality and Privacy Principals.
The Company is committed to protecting your personal information and
respecting your privacy in accordance with best business practices. By
disclosing your personal information to Company, you consent to the
collection, storage, transfer and processing of your personal
information for the purpose of completing your Account related
transactions and for Company's internal administration and analysis.
Further, to provide you with better service, Company will collect
information from you through various technologies, including the use of
cookies, and may inform you of changes, new services and promotions that
Company determines you may find interesting. Moreover, Company has the
right to access and disclose your information as necessary to properly
operate Company systems, protect Company and other end users, and to
comply with any regulatory or governmental requests. Because of the
complex and constantly changing nature of our technology and business,
Company does not guarantee error-free performance regarding the privacy
of your personally identifiable information and Company shall not be
liable for any incidental, consequential or punitive damages relating to
the use or release thereof. By accepting any prize and/or winnings from
Company, you consent to the use of your name and/or likeness for
advertising and promotional purposes without additional compensation
except where prohibited by law.
23. Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have cheated or
attempted to defraud the Games, PartyPoker.com or Company in any way
including but not limited to game manipulation or payment fraud, or if
you make untrue and/or malicious comments with regard to Company's
operation in any media or forum, Company reserves the right to publicize
your actions together with your identity and e-mail address, as well as
to circulate this information to other online gaming sites, banks,
credit card companies, and appropriate agencies. Further, Company may
close any accounts, and forfeit account balances, that you have at
PartyPoker.com or at any other Company website, casino and/or business.
24. NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO PARTYPOKER.COM, DOWNLOAD OF THE SOFTWARE AND
PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS
BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED
BY THE COMPANY. PARTYPOKER.COM, THE GAMES AND THE SOFTWARE ARE PROVIDED
TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS
CONTAINED IN PARTYPOKER.COM, THE GAMES OR THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR
FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF
PARTYPOKER.COM, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S
MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS
AGREEMENT OR YOUR USE OF PARTYPOKER.COM, THE GAMES OR THE SOFTWARE,
WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT,
IF ANY, YOU PAID TO ACCESS PARTYPOKER.COM. THE COMPANY WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT OR YOUR USE OF PARTYPOKER.COM, THE GAMES, OR THE SOFTWARE,
HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF
THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN
NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE,
BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR
COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED TO
PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
25. Settlement of Disputes.
You fully accept and agree that the random number generator ("RNG")
software will determine the outcome of the Games. 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 PartyPoker.com and Company records shall be the final
authority in determining the terms of your participation in the Games,
the activity resulting therefrom and the circumstances in which they
If you have any dispute with regard to any outcome in the Games or other
activity at PartyPoker.com, you must submit your complaint to Company in
writing within fourteen (14) days of incident by email to email@example.com
and, if unsatisfied with the response, then to firstname.lastname@example.org.
27. Governing Law.
This Agreement shall be governed by and construed in accordance with the
laws of the British Virgin Islands without giving effect to conflicts of
law principles. The parties submit to the exclusive jurisdiction of the
British Virgin Islands for the settlement of any disputes arising out of
concerning this Agreement. This Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any part of
this Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.
28. Entire Agreement, Modification and
You fully understand and agree to be bound by
the terms and conditions contained herein and as modified and/or amended
from time to time. PartyPoker.com reserves the right to modify and amend
this Agreement at any time with or without notice. Such amendments will
become effective immediately upon being posted at PartyPoker.com. It is
your sole responsibility to review this Agreement and amendments hereto
each time you play. The terms and conditions contained herein represent
the complete and final agreement between you and Company and supersede
any and all prior agreements, representations or statements made by
PLEASE PRINT THIS PAGE AND STORE FOR YOUR
FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL
TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
Modified March 2, 2004*
*This Agreement, as released and posted March
2, 2004 is Version 5, which modifies and replaces the prior Version 4.