END USER LICENSE AGREEMENT
This page contains important information explaining your rights to access and use the PokerTempo website. By accessing this website you confirm your agreement to and acknowledgement of the following terms.
Please read these Terms of Service carefully before using the PokerTempo website or downloading any Software made available on the PokerTempo website.
PokerTempo reserves the right to modify and update these Terms of Service at any time. We will ensure that any significant changes to the Terms of Service will be notified to you before such changes come into effect.
1. Use Of The Service
1.1 All content of the PokerTempo website is for non-commercial, personal use only.
1.2 The online gaming Services and related resources, including, without limitation, download areas, communication functionality and product information relating to the games (collectively 'Services') provided to you by PokerTempo via the PokerTempo.com website and/or other websites owned, operated, licensed or controlled by PokerTempo and/or its authorized sub-licensees (the 'Sites') are subject to these Terms of Service.
1.3 PokerTempo allows only one Guest Account and one Real Account per person. If you already have an account with the PokerTempo you cannot open another one.
2. Acceptance Of The Terms Of Service
2.1 You are solely responsible for checking the laws regarding the use of internet gaming in the jurisdiction in which you are located to ensure that your registration withPokerTempo is legal.
2.2 You must be at least 18 years of age to use the Services on the Sites. Providing false information relating to age, name and address may also constitute an offence. PokerTempo reserve the right to report to the relevant authorities any person supplying false information or displaying any form of suspicious or criminal activity on the Site.
2.3 PokerTempo is committed to assisting its players in gambling responsibly and as such has provided the following features on its site: self-exclusion tools, links to awareness information, and tools to protect underage access. Players may at any time request to be excluded from PokerTempo.
2.4 All material changes to the Terms of Service will be notified to you via your registered email address and this notification will be in advance of the relevant change(s) coming into effect.
3. Description Of Services and wagering policy
3.1 Through its network of Sites PokerTempo may provide you with access to the Services. The Services, including any updates, enhancements, new features, and/or the addition of any new Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the 'License Agreement'). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, PokerTempo (or its licensors) shall resolve the conflict in its sole discretion.
3.2 PERSONAL USE. The Service is intended solely for the User's personal use and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. 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.
3.3 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.
3.4 Under no circumstances, including negligence, shall any member of the pokertempo Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if we had prior knowledge of the possibility of such damages.
3.5 We reserve the right to run identity checks on a User, with third party services, using the information provided to us by a User on registration with the Service.
3.6 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your pokertempo Account, and that all rights in and to your pokertempo Account shall forever be owned by and inure to the benefit of pokertempo.
3.7 We disclaim any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
3.8 Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Sites shall be free from viruses, bugs or other contaminants.
3.9 We reserve the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by us in this regard.
3.10 PokerTempo reserves the right to modify the Sites, Services and Software and/or change the system specification requirements necessary to access and use the Services at any time and without prior notice.
4. User Account, Password And Security
4.1 If any of the Services you use require an account, before using the Service you must open an account by completing the required registration process. This will include providing PokerTempo with current, complete and accurate information, including, without limitation, your email address.
4.2 You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive (as determined by PokerTempo at its sole discretion), nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and/or applicable License Agreements.
4.3 Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else's account at any time.
4.4 You are entirely responsible for maintaining the confidentiality of your password and account and you have sole responsibility for any and all activities that occur under your account. You remain liable for losses incurred by yourself or a third party on your PokerTempo account.
4.5 You must notify PokerTempo immediately of any unauthorized use or theft of your account or any other breach of security. If requested you agree to provide PokerTempo with evidence of such theft or unauthorized use. PokerTempo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
4.6 PokerTempo reserves the right to cancel your account without refund if it becomes aware that you have disclosed your account details and password to a third party.
4.7 For ease of access to the Service you will be offered a feature that allows your computer to 'remember your password' and thereby bypass the password protection when logging on to the Services. This feature enables third parties using your computer to access your account and user name. For this reason the 'remember your password' feature should not be used on shared or public computers. At all times use of the 'remember your password' feature is at your own risk.
4.8 You agree to indemnify and hold harmless PokerTempo from any claim, demand, damage or loss including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Services or use by any third party accessing the Services using your account.
4.9 For the purposes of additional account security, any legitimate balance held in an account that is deemed inactive (no transactions, financial or wagering, for a period of 13 consecutive months) will be removed. This balance can be re-instated by contacting our Player Support Team.
5. Payment And Winnings
5.1 Internet gambling may be illegal in the jurisdiction in which you are located. If so, you are not authorized to use your payment card to complete any transactions on the Sites.
5.2 You can place bets on the Service only by using the credit held in your account. You can credit your account using a credit card, debit card or one of PokerTempo's authorized electronic payment providers. At the time of making your first deposit you will be able to select a limit to be applied to your account; in the event of no deposit limit being selected then the default value (1,000,000) will apply to your account. i-Payments only allow a maximum deposit of 5000 USD/EUR/GBP.
5.3 Winnings are subject to PokerTempo's verification procedures before payment is made. PokerTempo may charge a fee for handling payments by check or by bank transfer. All withdrawal requests from player's account processed through bank transfer or check only.
5.4 The PokerTempo servers are synchronized in line with UK time throughout the year. PokerTempo's internal operating procedures initiate payment processing from the servers daily.
5.5 If while playing at PokerTempo you win a sum regarded by PokerTempo as worthy of publicity then you hereby agree to be available for any event arranged by PokerTempo in relation to the win.
5.6 You hereby warrant that all and any information that you submit to PokerTempo is and will be true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all fees you incur, plus all applicable taxes, using the Services. You agree to promptly notify PokerTempo if any of the information you have supplied changes.
6. Protection Of Funds--
6.1 We offer a basic level of protection of customer funds held with us. These funds are held in a ‘client account’ and are separate from any other company accounts but would form part of the assets of the business in the event of insolvency.
7. Software License. Kovida Spacetech Pvt Ltd is the owner and opertor of the license to use the PokerTempo website.
7.1 Copyright in any Software relating to the Services that is made available to download from the Sites ('Software') is owned by PokerTempo and/or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software unless he or she agrees to the applicable License Agreement terms. If there are any inconsistencies between the relevant License Agreement and these Terms of Service, PokerTempo will determine which terms shall apply or take precedence at its sole discretion.
7.2 The Software is made available for download solely for use by users according to the License Agreement and these Terms of Service. Users are expressly prohibited from reproducing or redistributing the Software except in accordance with the License Agreement. PokerTempo and its licensors reserve their rights to take legal action against any user found to be in breach of any License Agreement.
7.3 Copying or reproducing the Software is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the relevant License Agreement.
7.4 Subject to any express warranties in the relevant License Agreement, PokerTempo hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade.
8. User Content
8.1 PokerTempo's representatives may monitor your communications on the Sites. PokerTempo does not monitor all of the third party content on the Sites. PokerTempo does not endorse, approve, or prescreen any third party content on the Sites. PokerTempo does not assume any responsibility for any third party content on the Sites and PokerTempo expressly excludes, to the maximum extent permitted by law, liability for any third party content on the Sites.
8.2 PokerTempo has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any third party content on the Sites.
9.3 In relation to any materials, in whatever format or media, you post or otherwise provide to the Site (a "Submission"), you hereby grant PokerTempo a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission. You expressly acknowledge that PokerTempo will not pay you for your Submission. PokerTempo may remove your Submission from the Site at any time. For each Submission, you represent that you have all the rights necessary for you to grant the license contained in this paragraph.
9. Restrictions And Conditions Of Use
9.1 As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or any relevant License Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any PokerTempo server, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any PokerTempo server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
10. Termination Of Account
10.1 PokerTempo has the right to terminate Services or suspend your account if it believes you are in breach of these Terms of Service.
10.2 You have the right to cancel your account or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with PokerTempo or its licensors.
10.3 You may cancel your account or a particular subscription for a Service by following the procedures made available with the applicable Service. PokerTempo reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or cancelled, no refund will be granted, no other credits (e.g. points or tokens) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or Rubies). If your account is terminated or suspended by PokerTempo, PokerTempo shall have the right to terminate or suspend any of your other accounts.
11. Links To ThirdParty Sites
11.1 The Sites may contain advertising and sponsorship and other material from third parties which are beyond PokerTempo's control. Those third parties are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws and regulations. PokerTempo will not be responsible for any error or inaccuracy in any third party material, nor does the Company endorse any third parties whose material appears on the Site.
11.2 The Site may contain links to other Sites which are also outside PokerTempo's control and are not covered by these Terms of Service. PokerTempo will not be liable for the content of any third party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those Sites. PokerTempo does not endorse any third party Sites which have links from the Site. If you access those third party Sites you do so entirely at your own risk.
11.3 Any charges or obligations you incur in your dealings with third parties are your sole responsibility.
12. Disclaimer Of Warranty; Limitation Of Liability
12.1 Your use of the Sites, Services and Software, and the internet is at your sole risk. You acknowledge and agree that your sole and exclusive remedy for any dispute with PokerTempo is to stop using the Service, and to cancel your account(s).
12.2 The Sites, Services and Software, and any other third party Services and products, are provided on an 'as is' and 'as available' basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. PokerTempo provides the Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that PokerTempo will have adequate capacity for the Services as a whole or in any specific geographic area.
12.3 PokerTempo shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of the Services or Site, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
12.4 Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of PokerTempo shall be limited to the fullest extent permitted by law. Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
13.1 These Terms of Service are governed by the laws of Costa Rica and British Virgin Islands. You hereby irrevocably consent to submit to the jurisdictions of the Courts of Costa Rica and British Virgin Islands.
13.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and PokerTempo (or its licensors) arising from this agreement or your use of the Site, Services and/or Software.
13.3 These Terms of Service are written and are only available in English. If these Terms of Service are translated into another language the English version will prevail.
13.4 PokerTempo may assign this agreement in whole or in part, at any time. You hereby agree that PokerTempo's licensors are third party beneficiaries under this agreement.
13.5 If any part of this agreement 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 this Agreement shall continue in effect.
13.6 This agreement, including the documents expressly incorporated by reference, constitute the entire agreement between you and PokerTempo with respect to the Services.
13.7 PokerTempo's failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
13.8 Notwithstanding anything else in this agreement, no default, delay or failure to perform on the part of PokerTempo shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of PokerTempo.
15. Tournament Terms And Conditions :
- At any level, any Player can buy-in for cash plus the entrance fee
All tournaments begin promptly at the scheduled time stated in the Tournament Lobby.
- Seats are assigned at random. Seat changes are not permitted.
- The tournament ends when one Player accumulates all the chips in play
If two or more Players are eliminated on the same hand, the Player with the most chips at the beginning of the hand is ranked higher.
- If Players started the hands with an identical amount of chips, both Players tie for that rank, and any prizes are divided equally between them.
- Soft playing or chip dumping may result in disqualification from the tournament. Any unethical play may result in the termination of the offending Player’s account.
- Prizes are awarded as stated on the Tournament Lobby.
- Players and "railbirds" must use the chat feature in a courteous manner
No cash awards are made from Satellite games. All prizes are deposited into a Player’s holding account and are used for buy-in’s at the next level
Players who qualify to a 'target' tournament via a 'feeder' tournament are only eligible for one 'target' tournament entry (or one tournament ticket) irrelevant of how many 'feeder' tournaments they have played to gain entry into the 'target' tournament, unless otherwise specified.
- By entering the PokerTempo Multi-Table Tournament Players agree that their real names, aliases and images can be used for promotional purposes
Awarding of prizes is at the sole discretion of PokerTempo management, and any decisions taken by management in this regard are final.
- Players may not sit out. Players who are not present are blinded off and their hands folded, until they have no more chips and are eliminated.
- All Satellite games are multi-table no-limit Hold ’em freeze-outs, following standard PokerTempo rules. The number of entrants who win a seat at a next level or at a final, depends on the amount of the respective buy-in’s plus fees.
- PokerTempo management reserves the right to deny entry to the PokerTempo Multi-Table Tournament and/or remove a Player or disqualify a Player from the Satellite. Any decisions taken by management in this regard are final.
- PokerTempo management reserves the right to change the rules and/or structure of the PokerTempo Multi-Table Tournament at its’ sole discretion. Any decisions taken by management in this regard are final.
16. Bots/Artificial Intelligence
The below terms will apply whether any software or bot activity is or has been used in conjunction with the games client.
PokerTempo prohibit the use any use of bot software or artificial intelligence by players, whether commercially obtained or privately developed.
PokerTempo will actively monitor and look for such software on a player’s device, by registering the player consents to such software being searched for, and will not interfere with any of the detection mechanisms.
17. Prohibited Software
PokerTempo prohibit any software which:
• Provides any form of unfair advantage when a player uses it
• Shares hole cards among players, or facilitates collusion or cheating in anyway.
• Makes use of a database of hands and/or player profiles which is shared between users.
• Reduces or eliminates the need for a human to make decisive actions in play.
• Is designed to determine (i.e. gather hands or player profiles from the game client beyond which the player has observed from their own play);
• Providing real-time advice or suggestive actions to take during play.
• Attempts to block any of our fraud or cheating detection mechanisms
PokerTempo will actively monitor and look for such software on a player’s device, by registering the player consents to such software being searched for, and will not interfere with any of the detection mechanisms.
PokerTempo prohibits datamining, as well as use of any data obtained by datamining (either by the player or anyone else).
Any data gathered by a player must come from their own playing experience at the tables, however any form of sharing the personal data that has been gathered with other players is prohibited.
The below rules apply even if there is no explicit agreement between the players, and even if no harm has been caused to others.
Players must always play in their own individual best interest. Players cannot corroborate with other players to gain an advantage.
Players are reminded they must play as aggressively against somebody they know, as they would against any unknown opponent utilizing the same strategy.
Players must not chip-dump, to manipulate the gameplay, intentionally lose or interfere with hands in order to transfer funds.
Players must not share hole card information with any player.
Players may not participate in any games with someone in whom they have any kind of financial interest.
Players must not encourage other players to collude.
20. One Account Per Player
Players are only permitted to open one account with PokerTempo
Players must not attempt to bypass any of the restrictions which prevent the creation and/or use of multiple accounts.
Under no circumstances should a player login to the network with more than one account at the same time, even if using different operators.
21. Account Sharing
Players must not share their account with any other person.
All players must keep their credentials secret, nor share their account information with any other person.
Players may not any accounor use any account other than their own.
22. 'Gold Farming'
Players must play exclusively on their own behalf, in their own best interests.
PokerTempo prohibits playing on behalf of an employer or any form of team/co-operative.
PokerTempo prohibits activities designed to give a player an unfair advantage even if such play is allowed within a strict interpretation of - or a loophole in - the rules. Any play considered conventionally unethical or unfair is prohibited.
24. Problem Gamblers
Anyone with a gambling problem must not open an account with, or play on, PokerTempo.
Should a player discover they have a gambling problem they should inform PokerTempo and cease playing immediately.
25. Locked/Closed Accounts
PokerTempo can, at their discretion, lock and/or permanently close a player’s account and without prior notice.
26. Player Funds
Should a player be found in violation of the poker rules or PokerTempo’s Terms & Conditions, we reserve the right to seize all of the funds in the player’s account (and to reverse any pending withdrawals).
27. Complaints And Disputes
We are committed to providing a high standard of service to our players and our Internal Complaints Procedure is designed to resolve problems and difficulties quickly and easily.
What you need to do
Please contact us with details of your complaint using our Help Centre;
How we will handle your Complaint
In all cases where the matter can be dealt with immediately, we will confirm with you the action we are going to take to resolve the matter.
Where we cannot resolve the problem there and then, we will promptly acknowledge your complaint and advise you of the steps that we will then take to resolve the matter. These steps will normally involve the case being referred to a higher authority in our Management Team with our aim being to resolve your complaint within seven days, keeping you informed of progress as we do.
If we still cannot reach agreement
On those rare occasions where we can’t resolve your complaint, to our mutual satisfaction, the details of your complaint will be considered by the appropriate member of our Senior Management Team.
If, at this point, the complaint cannot be resolved we will contact you confirming that this is our final response and the end of our Internal Complaints Procedure.
At this stage you can then refer your complaint, free of charge to any of the following Alternative Dispute Resolution Services;
Alternatively, you may use the Online Dispute Resolution platform available here.
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