20.- Terms of use - Poker
A Poker Player warrants and represents:
- To be over 18 years old;
- To be of full legal capacity;
- Not to be a citizen of Malta or subject to any jurisdiction where participation in the poker game is illegal according to applicable laws; and
- Not to be an employee or consultant within the ENTRACTION group or affiliates or subsidiary companies to these.
A Poker Player accepts and acknowledges:
- All definitions aforementioned;
- The Terms and Conditions of Pepe Games herein; and the SOFTWARE LICENSE AGREEMENT reached with ENTRACTION NETWORK LTD when downloading software necessary to participate in the poker game.
For full text version of SOFTWARE LICENSE AGREEMENT click "Poker School";
- That the Terms and Conditions may, from time to time, be subject to changes and/or supplements at the sole discretion of Pepe Games;
- That such changes and/or supplements may be advised separately from this text;
- That all Poker Games are settled and determined in accordance with the Playing Rules as follows herein, and in the event of ambiguity, ultimately settled and determined at the sole discretion of Pepe Games;
- That the Terms and Conditions constitute and/or govern the contractual relationship between Pepe Games, the Partner and the Poker Player;
- That the Place of the Contract is Malta;
- That any legal disputes are subject to the Laws of Malta;
- That the Partner is authorized to receive, hold and pay funds in relation to a transaction and/or settlement between Pepe Games and a Poker Player;
- That no financial and/or legal claims can be brought against Pepe Games and/or the Partner for Technical Failure, Manifest Error, Force Majeure, and/or the outcome of a Poker Game, whatsoever;
- That no financial and/or legal claims can be brought against Pepe Games in the event that the Partner, for any reasons, whatsoever, fails to honor any funds held and/or settled with the Poker Player; and
- The reserved right of Pepe Games to take active measures necessary to prevent, and to investigate suspected cases of, all kinds of fraud, collusion, money laundering activities and/or other forms of behaviour contradicting the spirit of the Terms and Conditions herein. This includes but is not limited to the use of Anti-Cheating Software and the freezing of funds during investigation procedures.
Currency
Transactions with Pepe Games are conducted in EURO (€).
Funds
- Pepe Games holds Poker Players Funds on a separate so-called client funds account. Once settlement is conducted with a Partner, Pepe Games's responsibility for such funds ceases to exist.
- Poker Player Funds do not generate interest.
Protest
A Poker Player unsatisfied with matter relating to a transaction with Pepe Games shall notify either Pepe Games or the Partner within 30 days after the transaction took place. Notification made after the said period will be disregarded. Such a notification shall be made in writing.
Miscellaneous
- All references in the Terms and Conditions to the singular shall include the plural and vice versa, and all references to "the" shall include "a/an" and vice versa.
- If any provision of this Terms and Conditions or part thereof shall be or become invalid or found not liable by a court of law or similar authority, the remainder of the Terms and Conditions shall continue in full force and effect.
Disclaimer
In the event that the Terms and Conditions or circumstances clearly cannot be resolved between a Poker Player, Pepe Games and/or the Partner, Pepe Games reserves the right, at its own discretion, to resolve any dispute not resolvable under the Terms & Condition to be resolved with principles of equity.
In the event that Pepe Games and/or a Partner are found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over Pepe Games and/or the Partner then any liability arising is limited to the amount recorded on the Poker Player Account.
Pepe Games and/or a Partner reserve the right at their own discretion to cancel reverse or adjust any transactions and/or forfeit and/or recover funds due to any:
- Technical Failures, Manifest Errors and/or Force Majeure and/or any similar events;
- Violation of the Terms and Conditions; and/or
- Collusion, Fraud, Money Laundering activities and/or criminal actions.
Pepe Games and/or the Partner do not acknowledge or accept any liability whatsoever for damage to a Poker Player and/or a third party caused directly and/or indirectly due to any:
- Technical Failures, Manifest Errors, Force Majeure, and/or the outcome of a Poker Game, and/or any similar events;
- Violation of the Terms and Conditions;
- Collusion, Fraud, Money Laundering activities and/or criminal actions;
- Financial risks and losses; and/or
- Legal and financial actions and/or other remedies taken against the Participant and/or a third party.
The version of the Terms and Conditions of Pepe Games as published, from time to time, in English constitutes the contract between the Poker Player, Pepe Games and/or the Partner. Any translation from English is a service made available without any liabilities whatsoever. In the event that any ambiguity arises between the English version and a translation, the English version has priority over any translations.
House Rules
Any Poker Player who under any circumstances what so ever, openly and/or secretly, directly and/or indirectly:
- Register and/or utilise more than one active Poker Player ID and/or equivalent with the Partner or with another Partner within the Network;
- Communicate with another Poker Player regarding specific details relating to a game in play;
- Act and/or play to the advantage of another Poker Player, such as, but not limited to, deliberately losing stakes;
- Register and/or utilise a Poker Player ID that may be deemed to be similar to a trademark and/or a company name, and/or may be deemed to be offensive to other individuals, and/or inappropriate in any other way;
- In conjunction with a game, on the chat-function which is available for the Poker Player during the game, make comments in a language other than English and/or make comments containing specific details relating to a game in play and/or make any disrespectful comments about other Poker Players and/or make any comments or use any expressions that may offend other Poker Players;
- In any way make the Poker Player ID and/or the Poker Player Account available and/or accessible for someone else;
- Is found, in any way, cheating and/or trying cheating by, but not limited to, using any automatized computer systems origin from outside Pepe Games;
- Have been participating at any other online gambling site under the circumstances set out under section 9 in this User Rules, and/or
- In any other way fail to comply with any of the Terms and Conditions set forth herein,
may be suspended from gambling on Pepe Games and have any winnings voided.
Any Poker Player who under any circumstances what so ever, openly and/or secretly, directly and/or indirectly:
- Participate in any fraud activity and/or attempting fraud activity such as, but not limited to, collusion, money laundering, credit card fraud, game manipulation and cheating or similar,
will be suspended from gambling on Pepe Games, and will have the funds on his/her Poker Player Account forfeited and/or recovered by Pepe Games.
Forfeited and/or recovered funds due to Poker Players participation in credit card fraud will be returned to the credit card owner exposed to the fraud.
Pepe Games reserves the right to share information of any fraud activity and/or attempting fraud activity such as, but not limited to, collusion, money laundering, credit card fraud and/or other criminal activities with appropriate authorities such as, but not limited to, Police authorities and courts of laws.
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