Terms Of service - Continued
You are free to discontinue use of the Services on the Website at any time by intimating us of your desire to do so by sending an email sent to us at support@PokerTempo.com. In case your user account has a positive Real Money balance, We will, subject to satisfactory verification, disburse the same to you by online transfer or by any other payment method in a timely manner.
USER ACCOUNT SUSPENSION:
24.1 We may suspend or otherwise put restrictions on your access to the Services on the Website during investigation for any of the following reasons:
24.1.1 Suspected violation of Terms or other abuse of your user account;
24.1.2 Suspected breach of security of your user account; or
24.1.3 If there have been charge-backs on your user account.
24.2 Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.
BREACH AND CONSEQUENCES:
25.1 In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, that your continued access to the Website is detrimental to the interests of PokerTempo.com, our other users or the general public; we may in our sole discretion take any or all of the following actions:
25.1.1 Restrict games between users suspected of colluding or cheating;
25.1.2 Permanently suspend your user account on the Website;
25.1.3 Forfeit the Real Money balance in your user account;
25.1.4 Demand damages for breach and take appropriate civil action to recover such damages; and/or<
25.1.5 Initiate prosecution for violations that amount to offences in law.
25.2 Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Website.
25.3 The decision of PokerTempo.com on the action to be taken as a consequence of breach shall be final and binding on you.
25.4 Any action taken by PokerTempo.com shall be without prejudice to our other rights and remedies available in law or equity.
COMPLAINTS & DISPUTES:
26.1 If you have a complaint, you should in the first instance contact the customer support team at support@PokerTempo.com or write to us following the procedure given in the Contact Us section. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
26.2 You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
26.3 PokerTempo.com shall make efforts to resolve complaints within reasonable time.
26.4 Our decision on complaints shall be final and binding on you.
MODIFICATIONS AND ALTERATIONS:
27.1 We may alter or modify the Terms at any time without giving prior notice to you. Your continued use of the Website and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
27.2 We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
LIMITATION OF LIABILITY:
28.1 In addition to specific references to limitation of liability of PokerTempo.com elsewhere in the Terms,PokerTempo.com shall not be liable, under any circumstances (including, without limitation, in contract, negligence or other tort), for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Services on the Website. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.
28.2 Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
28.2.1 the defamatory, undesirable or illegal conduct of any other user of the Services;
28.2.2 any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Websites;
28.2.3 any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;
28.2.4 any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
28.2.5 the accuracy, completeness or currency of any information services provided on the Website;
28.2.6 any delay or failure on our part to intimate you where we may have concerns about your activities; and
28.2.7 Your activities / transactions on third party websites accessed through links or advertisements posted in the Website.
DISCLAIMER AND INDEMNITY:
29.1.1 The Services on the Website and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. PokerTempo.com does not ensure or guarantee continuous, error-free, secure or virus-free operation of or its Content including software, Games, your user account, the transactions in your user account or continued operation or availability of any facility on www.PokerTempo.com.
29.1.2 Additionally, PokerTempo.com does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by PokerTempo.com at times or for extended periods of time due to, but not limited to, system maintenance and updates.
29.1.3 PokerTempo.com disclaims responsibility and liability for any harm resulting from cancellation of any Game organized by it. If you are a Real Money player on www.PokerTempo.com, you acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of PokerTempo.com.
29.1.4 PokerTempo.com specifically disclaims any liability in connection with Games or events made available or organized on PokerTempo.com which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Game or event.
29.1.5 PokerTempo.com specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Website.
29.1.6 PokerTempo.com disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
29.1.7 PokerTempo.com specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.
29.1.8 PokerTempo.com disclaims liability for any risk or loss resulting to you from your participation in Real Money Games, including all risk of financial loss.
29.1.9 Random Number Generator Software: iTech Labs Australia has evaluated the Random Number Generator ("RNG") used by PokerTempo.com and has certified that the software of PokerTempo.com complies with the relevant statistical standards of randomness. You understand that PokerTempo.com maintains the said certification it considers appropriate in the best of its belief, however, it is not possible to test all possible scenarios in any testing environment and PokerTempo.com specifically disclaims any and all liability in connection with the RNG used by PokerTempo.com’s software.
29.2.1 To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person connection with:
29.2.2 Infringement of their intellectual property rights by your publication of any content on our Website.
29.2.3 defamatory, offensive or illegal conduct of any other player or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another player or otherwise;
29.2.4 use, abuse or misuse of your user account on our Website in any manner whatsoever;
29.2.5 any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; and
29.2.6 Access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization
GOVERNING LAW, DISPUTE RESOLUTION & JURISDICTION
31.2 The changes will take effect from the date specified when they occur. It is important, therefore, that you log in to the Website from time to time and check to see whether there is a notification of change. You are solely responsible for reading the changes.
31.3 If you continue to use the Website or the Poker Room after we have updated the changes (regardless to the way we have notified of such changes), you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not continue to use the Website or the Poker Room any further.
RESERVATION OF RIGHTS:
32.1 We reserve, at our sole discretion, the right to;
32.1.1 Refuse to register any applicant for registration on the Website or the Poker Room.
32.1.2 Refuse to accept any wager on the Poker Room
32.1.3 Change, suspend, remove, modify or add any game or tournament on the Poker Room.
32.2 We reserve the right to make checks on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided us with.
32.3 In the event of any dispute regarding a wager or winnings, our decision will be final and binding. We reserve the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person.
32.5 In the event that we will suspect fraud or fraudulent activity on your part or any of your payments are charged back, we will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.
32.6 We may at any time without prior notice to you terminate your use of the Poker Room and block your Player Account if it considers that you are in breach of any of the terms and provisions of this Agreement or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your Player Account.
32.7 We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following:
32.7.1 Other promotions; or
32.7.1 Specific policy or rules determined in respect of an existing game or a new game.
32.7 We reserve the right to transfer, assign, and sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
33.1 If you have not placed any Stake in your Player Account for a continuous period of one hundred and eighty (180) days (the “Grace Period”) your account shall deemed to be inactive.
33.2 Once your Account has been deemed Inactive we will be entitled to charge you maintenance fee (the 'Inactive Account Fee'). We may deduct an amount up to the Inactive Account Fee from your account balance commencing on the last day of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule. If we deem Your Account Inactive for a period of twelve consecutive calendar months, in order to safeguard your Real Money, we may withhold any remaining Real Money in Your Account and close Your Account. You may contact us to reclaim any such withheld Real Money within 5 years from the last date you placed a Stake.
33.3 We will stop deducting the Inactive Account Fee from Your account balance if your account is re-activated by placing a Stake or upon closure of your account in accordance with 8.5.
33.4 Inactive Account Fee Schedule is Rs 50.
33.5 All fees and charges are subject to change from time to time.
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 real 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 the website or PokerTempo.com, objectionable, unfair, or indecent. Any other entrance, access, or use of sites is strictly prohibited.
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 the 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. Residents of Assam and Orissa are not permitted to play using PokerTempo.com software, accounts of residents of these states will be closed and any balance void.
ARTIFICIAL INTELLIGENCE AND TRACKING SOFTWARE
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. You are not permitted to, and you agree not to cause any such program to access our site or any data on it and you are not permitted to access any such data and send it to any other parties. You consent to the Company taking measures to prevent and detect the use of such programs using methods including but not limited to screen capture or reading the list of currently running programs on any player's (including your) computer.
NO COMPANY EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant or agent of the website or one of its affiliated or subsidiary companies, or suppliers or vendors, you are not permitted to register with the website or to participate directly or indirectly in any of the Games (each an "Unauthorized Person"). Similarly, relatives of Unauthorized Persons are not permitted to register with the website 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.
FORFEITURE, ACCOUNT CLOSURE AND CONFISCATION:
The Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Poker account (and any ESP account or Company related account including any such account you may have with other websites or operated by the Company) in any of the following circumstances:
39.1 If you have more than one active account on PokerTempo.com.
39.2 If the name on your Poker account registration does not match the name on the credit card(s) or other payment accounts used to make purchases.
39.3 If you participate in a Company promotion and withdraw before fulfilling the requirements of that particular promotion.
39.4 If you provide incorrect or misleading registration information.
39.5 If you are not of legal age.
39.6 If you connect from a jurisdiction where participation in the Games is prohibited by law.
39.7 If you have "charged back" or denied any of the purchases or deposits that you made to your Account.
39.8 If you are found cheating or attempting to cheat, or if it is determined by the 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 in order to defraud the Company.
39.9 Amounts deposited and attempted to be withdrawn by you without being used for gaming purposes may be viewed as indicative of money laundering and could result in your account being locked and the funds being seized / confiscated.
39.10 If you fail to comply with any of the terms and conditions set forth in this Agreement OR If, for technical reasons, a deposit onto the user’s account overlaps with the closure of the account at the user’s initiative or by the company, this circumstance will be pointed out to the user and the user will be requested to provide account details in order to ensure the immediate return payment of the full amount (less any charges incurred).
This agreement is effective from the moment of acceptance by clicking on the "I agree" button, and shall remain in force indefinitely unless terminated. For the avoidance of doubt it is agreed that you are bound by this Agreement if you use the Poker Room or the Website or the Software in any way, including, but not limited to, initiating or making a deposit through your Account or submitting your deposit details to us.
DISCLOSURE OF FRAUDULENT ACTIVITIES & RECOVERY OF DISPUTED CREDIT CARD TRANSACTIONS:
If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games, PokerTempo.com, The Company, other players, or any person/entity associated with PokerTempo.com 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 the Company's operation in any media or forum, the Company reserves the right (and you authorize the Company) 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, law enforcement departments and other appropriate agencies. The Company or PokerTempo.com may close any accounts, and forfeit account balances, that you have at any Company website, and/or business. Further, in the event of you disputing a credit card transaction made on PokerTempo.com as being unauthorized, or made in a 'card not present' environment, the Company may charge an administration & recovery fee of up to Rs 5000 ( not limited to )per disputed transaction if it is deemed by the Company that the transaction was authorized and legitimate. The Company may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines.
NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO The Company Powered by PokerTempo.com, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. PokerTempo.com or THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. 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 MERCHANT LIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED WITHIN, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE COMPANY, 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 THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS PokerTempo.com / The Company. 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 The Company, 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 THE 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, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS
42.1 You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right, but assume no obligation, to provide communications in paper format.
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