PokerStars, PokerStars Casino, BetStars and Full Tilt Online Software End User License Agreement

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1

Subject to the terms and conditions contained herein The Stars Group grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access The Stars Group servers and play the RM Games, such as poker, card games, casino games and fixed-odds sports betting, and the PM Games (the “Games“) available (the Software and Games together being the “Service“).

1.2

The Software is licensed to you by The Stars Group for your private personal use. Please note that the Service is not for use by individuals (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Sites from jurisdictions from which it is illegal to do so. The Stars Group is not able to verify the legality of the Service in each jurisdiction and it is the User’s responsibility to ensure that their use of the Service is lawful.

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

In order to verify your identity, age and/or source of funds and meet our regulatory obligations, we may ask that you provide personal details and/or documentation (such as a copy of your passport, proof of address or payment method details) from time to time. Please see our Privacy Policy or more information on how we use such personal data.

1.5

The Stars Group, its Group companies and its licensors (including any Third Party Providers) are the sole holders of all rights in the Software and the Software’s code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

1. 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;
2. sell, assign, sublicense, transfer, distribute or lease the Software;
3. make the Software available to any third party through a computer network or otherwise;
4. export the Software to any country (whether by physical or electronic means); or
5. use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an “Unauthorised Use“).

The Stars Group, its Group companies and its licensors (including any Third Party Providers) 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 be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify The Stars Group immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide The Stars Group with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.6

The terms “PokerStars”, “BetStars”, “Full Tilt” and “PokerStars Casino”, the domain names “pokerstars.eu”, “pokerstarscasino.eu”, “betstars.eu”, “fulltilt.eu”, “pokerstars.com”, “pokerstarscasino.com”, “betstars.com”, “fulltilt.com”, “pokerstarsmobile.com” and “fulltiltmobile.com” and any other trade marks, service marks, signs, trade names and/or domain names used by The Stars Group on the Sites 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 The Stars Group and/or its Group companies and/or its licensors (including any Third Party Providers), and these entities reserve all rights to such Trade Marks. In addition, all content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content“) belongs to The Stars Group and/or its Group companies and/or its licensors (including any Third Party Providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Sites you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without The Stars Group’s prior written consent.

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by The Stars Group, its Group companies and/or its licensors (including any Third Party Providers) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of The Stars Group, its Group companies, employees, directors, officers and consultants.

1.7

You warrant that any names or images used by you in connection with the Sites or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant The Stars Group and its Group companies a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Sites or Service, subject to the terms of our Privacy Policy.

2. NO WARRANTIES

2.1

The Stars Group disclaims 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.

2.2

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.

2.3

The Stars Group reserves 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) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary 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 The Stars Group in this regard.

3. AUTHORITY

The Stars Group retains authority over the issuing, maintenance, and closing of Users’ accounts on the Sites. The decision of The Stars Group’s management, in regards to 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. The account created by a User shall hereinafter be known as a Stars Account. The User’s Stars Account will provide access to all the Sites, made available to you under the terms of this Agreement, by The Stars Group, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account’ or ‘account’ means your Stars Account.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1

there is a risk of losing money when using the Service and that The Stars Group has no responsibility to you for any such loss;

4.2

The Stars Group is not a financial institution and no interests will accrue on monies deposited with The Stars Group;

4.3

your use of the Service is at your sole option, discretion and risk;

4.4

you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service;

4.5

The Stars Group does not provide advice to Users regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;

4.6

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of The Stars Group and The Stars Group shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

4.7

you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.

5. PROHIBITED USES

5.1

SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

5.2

PERSONAL USE. The Service is intended solely for the User’s personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her “real money account” with The Stars Group for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to The Stars Group and the User is obligated to update such details in the event of any change thereto.

5.3

REAL MONEY TRANSFERS. The Stars Group real money transfer facility is accessed via the “Lobby” (“first click on “Cashier” and then on “Transfer to Player”). Users must enter the amount to transfer and the Stars ID of the intended recipient. Users are reminded that it is their responsibility to ensure they know who the other Users are before entering into these arrangements. Limits on transfers will be set by The Stars Group per User.

As part of The Stars Group’s licensing agreement and in compliance with anti-money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their transfer to be processed. This allows The Stars Group to help protect the Users and prevent The Stars Group being used as a vehicle for money laundering or fraud.

The following terms and conditions also apply to the real money transfer facility:

1. The Stars Group reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver.
2. A sending User agrees that they may only make an account transfer to enable a receiving User to play the Games and not for any other purpose.
3. A receiving User agrees that they may only use the funds from an account transfer to play the Games and not for any other purpose.
4. Users cannot withdraw funds directly received from a transfer (refer to sub-paragraph (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a withdrawal request will be reviewed in accordance with The Stars Group’s internal controls, policies and procedures.

The User agrees to and accepts the terms and conditions relating to real money transaction processing and currency exchange located here.

5.4

COLLUSION. Collusion between Users by sharing poker hole cards or by any other methods is strictly forbidden. The Stars Group reserves the right, in addition to other measures, to restrict seating and/or to 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, The Stars Group reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly The Stars Group 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.

5.5

EXTERNAL PLAYER ASSISTANCE TOOLS. The Stars Group prohibits external player assistance tools (“EPA Tools“) that are designed to provide an “unfair advantage” to players. The Stars Group defines “EPA Tools” as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). The Stars Group takes a broad view of what constitutes an “unfair advantage” in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User’s own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.

5.6

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, and without the assistance of any form of artificial intelligence.

5.7

You agree that The Stars Group may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with The Stars Group Software on the User’s computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.8

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker 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, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their Stars Account may be terminated immediately. In such circumstances The Stars Group will be under no obligation to refund to you any monies that may be in your Stars Account at such time.

5.9

FRAUDULENT BEHAVIOR. In the event that The Stars Group deems 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 in this Clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, The Stars Group shall be entitled to take such action as it sees fit, including, but not limited to:

1. immediately blocking a User’s access to the Service;
2. terminating a User’s account with The Stars Group;
3. seizing the funds within a User’s account;
4. disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
5. taking legal action against a User.

5.10

CURRENCY EXCHANGE. Users are able to effect currency exchange transactions via the Service on their PC or Device with funds standing to the credit of such User’s account (the “Currency Exchange Facility“). All currency exchange transactions on the Currency Exchange Facility will take place at the current prevailing rate offered by The Stars Group for the transaction type in question. The exchange rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. Users should ensure they are aware of fluctuations in the exchange rate and the impact this may have on their available funds before using the Currency Exchange Facility. The Stars Group will not be held responsible for gains and losses incurred by Users that utilise the Currency Exchange Facility. Users should also be aware that The Stars Group applies a margin on currency exchanges effected via the Currency Exchange Facility which it may, at its discretion, waive for some types of transactions. A margin may, for instance, be applied to currency exchanges in connection with deposits or withdrawals, intra-account transfers or auto-conversion in situations where the currency exchanged is different from the currency used in the Games. The Stars Group may also, at its discretion, revoke or withdraw support for any particular currency without notice.

The use of the Currency Exchange Facility and/or User’s account to engage in currency trading or speculation is strictly prohibited. To help maintain the integrity of the Currency Exchange Facility, we have the right to, in our sole discretion:

1. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
2. limit the number of currencies held by a User in such User’s account and the amount of money that may be converted between currencies by that User; and/or
3. require that funds held in a User’s account and converted via the Currency Exchange Facility into a different currency be used for playing the Games before being withdrawn, transferred or used for any other purpose; and/or
4. retroactively apply any margin which was waived as part of a currency conversion transaction.

The User agrees to and accepts the terms and conditions relating to real money transaction processing and currency exchange located here.

5.11

NO ARBITRAGE. Users are strictly prohibited from utilising the Sites and its systems to facilitate arbitrage through currency exchange transactions. Where The Stars Group deems that a User has deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the balance standing to the credit of such User’s account without warning or notification.

5.12

The Stars Group prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game client) from making deposits into their Stars Accounts or engage in RM Games (the “Prohibited Jurisdictions“). They may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.

Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by The Stars Group to identify your location and providing The Stars Group with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your Stars Account.

5.13

CONCURRENT LOGINS. The Stars Group strictly prohibits a User to be logged in to more than one account within the same player pool (i.e. at the same poker table or in the same tournament) at the same time, whether any play activity occurs on any such account or not. The Stars Group shall have the right to terminate a User’s account and may confiscate funds held in such account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

6. WITHDRAWAL POLICY

The policy and criteria for a User to effect a withdrawal from his/her Stars Account can be found in our Withdrawal Policy. The Stars Group reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time.

7. 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 The Stars Group’s staff.

8. BREACH

8.1

Without prejudice to any other rights, including the generality of Clause 10.3, if a User breaches in whole or in part any provision contained herein, including, without limitation, if any of the following occurs:

1. a User has more than one active account;
2. the name on a User’s account with The Stars Group does not match the name on the credit card(s) used to make deposits in that account;
3. you provide incorrect or misleading information to The Stars Group when registering for the Service;
4. you are not of legal age to use the Service;
5. you reside in a jurisdiction where using the Service is prohibited by law;
6. you have allowed or permitted (intentionally or unintentionally) someone else to play using your Stars Account;
7. you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
8. you have cheated when using the Service including having breached any provision of Clause 5 and/or 10.17;
9. you use the Sites, the Service or your Stars Account in bad faith; or
10. you breach Clause 7 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity,

The Stars Group or any other company within the Group reserves the right, in its unfettered discretion, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by The Stars Group, terminating such User’s account on the Sites or on any other site operated by The Stars Group, seizing all monies held in the User’s account on the Sites or on any other site operated by The Stars Group and/or taking legal action against such User.

8.2

You agree to fully indemnify, defend and hold harmless The Stars Group, its Group companies and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

1. your breach of this Agreement, in whole or in part;
2. violation by you of any law or any third party rights; and
3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

9. LIMITATION OF LIABILITY

9.1

Under no circumstances, including negligence, shall The Stars Group or any other member of the Group or any of its licensors (including Third Party Providers) 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 The Stars Group had prior knowledge of the possibility of such damages.

9.2

Nothing in this Agreement shall exclude or limit The Stars Group’s or the Group’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

10. SECURITY AND YOUR ACCOUNT

10.1

A User may only have one Stars Account with The Stars Group and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with The Stars Group. In the event that The Stars Group becomes aware of additional accounts opened by a User, The Stars Group may close such additional accounts without notice and may confiscate funds held in such accounts.

10.2

Each Stars Account shall be accessible through the use of a combination of a unique Stars ID (“Stars ID“), a unique and secret password (“Password“), and other optional numeric authentication methods that the User may select (the Stars ID, Password and any other authentication features together being referred to as the “Login Credentials“). The User is obligated to choose his/her own Stars ID and Password in accordance with the rules relating thereto.

10.3

The User agrees that 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 Stars Account.

10.4

The User is obliged to keep his/her Login Credentials secret and confidential at all times 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.

10.5

If a User is using a credit or debit card, the cardholder’s name on such credit or debit card MUST be the same as the name used by such User upon registration with the Sites. Where this is not the case The Stars Group reserves the right to suspend the User’s account. Upon the suspension by The Stars Group of an account under the circumstances described, you should contact Support for details of our verification process. Any withdrawals from a Stars Account that are made by bank wire or cheque will only be payable to the name used in the registration process on the Sites for opening the Stars Account.

10.6

UPDATING PAYMENT DETAILS. Updating or adding additional payment details may only be done by contacting Support. It is your responsibility to make yourself aware of the terms upon which your payments are accepted. You are solely responsible to keep yourself informed of any changes.

10.7

ACTIVATION. All Users may be sent an email to their registered email address for the activation of their Stars Account. In the event that the activation process is not completed, The Stars Group reserves the right to suspend all activities on the account until the account details are verified.

10.8

Should a Stars Account with a positive balance remain dormant or inactive with no account transactions for a consecutive period exceeding 30 months The Stars Group will attempt to contact you with a view to return the balance. In the event that this is not possible, the remaining balance within that account shall be remitted to the Malta Gaming Authority.

10.9

You will not be able to place any bets using the Service in an amount greater than the total amount of money in your Stars Account.

10.10

You are fully responsible for paying all monies owed to The Stars Group. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse The Stars Group for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

10.11

The Stars Group reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.

10.12

The Stars Group reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

10.13

You acknowledge and agree that if your Stars Account is “active” (i.e. you have logged into your Stars Account at any time during the prior 12 month consecutive period) monies deposited by you in your Stars Account are held in a trust account on your behalf and are considered to be “End User’s Deposits”. In the event that your Stars Account is “inactive” (i.e. you have not logged into your Stars Account for a consecutive 12 month period, monies deposited by you in your Stars Account will cease to be “End User’s Deposits” and will not be held in trust but will be immediately available to you for withdrawal or to use the Service in accordance with the terms of this Agreement from such time as you log into your Stars Account and will be automatically reclassified as “End User’s Deposits”. Moreover if no transactions are recorded on your Stars Account for 30 months, your Stars Account will be deemed to have become “dormant” in accordance with the provisions of the Remote Gaming Regulations under the Laws of Malta and the procedure relative thereto as mandated by law will be adhered to.

10.14

The Stars Group reserves the right to close a User’s account for any reason whatsoever at any time without notice to such User. Any balance standing to the credit of the User’s account at the time of the closure will be credited to that User’s credit card/bank account registered with that User.

10.15

The Stars Group may close a User’s account in accordance with Clause 9.1.

10.16

A User may at any time request that their Stars Account be closed by contacting Support. Should The Stars Group deem it unwise for the Stars Account to be reopened, it will be closed permanently at the sole discretion of The Stars Group.

10.17

Users are strictly prohibited from utilising the Service to facilitate any type of illegal money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If The Stars Group has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Service will be terminated immediately and/or your Stars Account blocked. If your Stars Account is terminated or blocked in such circumstances, The Stars Group is under no obligation to refund to you any funds that may be standing to the credit of your Stars Account at such time. In addition The Stars Group shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with The Stars Group to investigate any such activity. As a Malta-registered company TSG is governed by the prevailing anti-money laundering laws of Malta.

10.18

The policy and procedure for a User to effect a period of self-exclusion are set out on The Stars Group Responsible Gaming page of the Sites.

10.19

Important information for customers permanently or ordinarily resident in Germany

1. When a customer who is permanently or ordinarily resident in Germany wins a bet the settlement for that bet will be adapted afterwards by reducing five per cent (5%) of the winning amount (retroactive reduction of odds).
2. When a customer who is permanently or ordinarily resident in Germany opts to Cash Out a bet (where the Cash Out amount exceeds the stake) in accordance with the Cash Outs option described in our; Sports Betting Rules; the settlement for that bet will be adapted afterwards by reducing five per cent (5%) of the winning amount.

10.20

If VAT, GST, QST, HST or any other service tax applies, hereinafter described as “Sales Tax“, we treat our revenue as being inclusive of all Sales Tax. We account for and pay this tax, where applicable, on behalf of our customers so there is no further action required by you in this regard.

11. THIRD PARTY SOFTWARE

11.1

The Software contains third party software, including casino game software licensed to us by various third parties, sports betting software developed and licensed to us by Amelco UK Limited, software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young; ungif software written by Eric S.Raymond; PSTCollectionView software written by Peter Steinberger, and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software“).

11.2

The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

11.3

The Licensed Software may not be altered, modified or extracted from the Software.

11.4

The User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean, for an End User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.

11.5

All rights not expressly granted in the Licensed Software are reserved.

11.6

The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project, by Eric S. Raymond, by Peter Steinberger and by Eric Young “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.

12. DISPUTES/SUPPORT

The User accepts that the historical data of each game shall be as recorded on The Stars Group servers. In the event of a discrepancy between the cards displayed on your computer and the game records on The Stars Group’s server the latter shall prevail. The User accepts that the “Instant Hand History” and “Hand Replayer” features of the Software shall not be considered as the official historical record of any hand.

In the event that a User wishes to complain or raise a query with customer support, he/she may either complete the customer support form (located under the dropdown Help menu on The Stars Group client) or send an email to Support and our customer support representatives will ensure that your complaint or query is referred to the appropriate specialist team.

Should you remain dissatisfied with the resolution of your complaint after interacting with our customer support team you may contact our third-party dispute resolution provider, IBAS, at this email address. For further details visit IBAS’ website here.

Alternatively, you may refer the matter for alternative dispute resolution through the EU’s Online Dispute Resolution Platform. For more information please visit their website and follow the guidance provided to log your complaint. As part of this process you will be requested to provide our email address which can be found by clicking here.

13. AMENDMENT

The Stars Group may update or modify the terms of this Agreement or any part thereof from time to time. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Service and the changes will apply immediately following your express acceptance. 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.

14. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Malta. You irrevocably agree that, subject as provided below, the courts of Malta shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of The Stars Group to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. This choice of law provision is without prejudice to the rights that may be granted to you as a consumer under mandatory provisions of European Union Law or of the law that would be applicable to you in the absence of such choice of law provision.

15. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

16. ASSIGNMENT

The Stars Group reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

17. CASINO RETURN TO PLAYER

For our casino offering a statutory minimum average pay-out ratio applies. In order to review specific pay-out ratios per game players may refer to the return to player rates (RTP) listed by the provider within the individual game frame. The term pay-out ratio or RTP refers to the relationship between stakes and winnings. It is based on settings of the random number generator and will be achieved on a long-term and average basis. TSG guarantees an average minimum RTP of its casino games of 92% over the period of one year.

18. MISCELLANEOUS

18.1

No waiver by The Stars Group of any breach of any provision of this Agreement (including the failure of The Stars Group to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

18.2

Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group and any Third Party Providers.

18.3

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

18.4

This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

18.5

The User must provide full and truthful information in respect of all details and information requested by The Stars Group in connection with the User’s use of the Service subject at all time to the terms of the Privacy Policy.

18.6

The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1

Subject to the terms and conditions contained herein Stars Mobile grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access the Stars Mobile servers and play the PM Games (the “Games“) available (the Software and Games together being the “Service“).

1.2

The Software is licensed to you by Stars Mobile for your private personal use. Please note that the Service is not for use by individuals (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Sites from jurisdictions from which it is illegal to do so. Stars Mobile is not able to verify the legality of the Service in each jurisdiction and it is the User’s responsibility to ensure that their use of the Service is lawful.

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

In order to verify your identity, age and/or source of funds and meet our regulatory obligations, we may ask that you provide personal details and/or documentation (such as a copy of your passport, proof of address or payment method details) from time to time. Please see our Privacy Policy for more information on how we use such personal data.

1.5

Stars Mobile, its Group companies and its licensors (including any Third Party Providers) are the sole holders of all rights in the Software and the Software’s code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

1. 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;
2. sell, assign, sublicense, transfer, distribute or lease the Software;
3. make the Software available to any third party through a computer network or otherwise;
4. export the Software to any country (whether by physical or electronic means); or
5. use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an “Unauthorised Use“).

Stars Mobile, its Group companies and its licensors (including any Third Party Providers) 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 be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify Stars Mobile immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Stars Mobile with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.6

The terms “Stars Mobile”, “PokerStars”, “PokerStars Casino” and “Full Tilt” the domain names “pokerstars.eu”, “pokerstarscasino.eu”, “fulltilt.eu”, “pokerstars.com”, “pokerstarscasino.com”, “fulltilt.com”, “fulltiltmobile.com” and “pokerstarsmobile.com” and any other trade marks, service marks, signs, trade names and/or domain names used by Stars Mobile on the Sites 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 Stars Mobile and/or its Group companies and/or its licensors (including any Third Party Providers), and these entities reserve all rights to such Trade Marks. In addition, all content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content“) belongs to Stars Mobile and/or its Group companies and/or its licensors (including any Third Party Providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Sites you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Stars Mobile’s prior written consent.

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Stars Mobile, its Group companies and/or its licensors (including any Third Party Providers) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of Stars Mobile, its Group companies, employees, directors, officers and consultants.

1.7

You warrant that any names or images used by you in connection with the Sites or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant Stars Mobile and its Group a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Sites or Service, subject to the terms of our Privacy Policy.

LICENSE FOR VIRTUAL CHIPS

1.8

While using the Service, you may “earn”, “buy” or “purchase” virtual chips for use in the Service (the “Virtual Chips“). You hereby acknowledge that these “real world” terms are only used figuratively, and you agree that you have no right or title in Virtual Chips appearing or originating in any Game, whether “earned” in a Game or “purchased” from Stars Mobile, or any other attributes associated within an account or stored on the Service. Any “virtual currency” balance shown in your User account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

1.9

Stars Mobile prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Stars Mobile in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by Stars Mobile. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.

1.10

You may purchase a license to use Virtual Chips for valuable consideration, by visiting the purchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.

1.11

When you purchase a license to 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. Stars Mobile keeps records of transactions in order to deal with any queries.

1.12

For the purchase of a license to use Virtual Chips, your order will represent an offer to us to purchase a license for to use 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 PM Games (the “Acceptance“). Your license to use Virtual Chips in the PM Games is a service provided by Stars Mobile that commences upon Acceptance by Stars Mobile of your purchase. A purchase of a license to use Virtual Chips is non-refundable by Stars Mobile.

1.13

Stars Mobile may revise the pricing for the Service and the Virtual Chips it licenses to you through the Service at any time. You acknowledge that Stars Mobile is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Chips when a User account is closed, whether such closure was voluntary or involuntary.

1.14

For the avoidance of doubt, it is hereby clarified that the purchase of a license to use Virtual Chips does not entitle you to any rights whatsoever other than those reflected by the license. It is furthermore clarified that a license purchased may only be transferred as explicitly provided for within the terms of the license and that such license may not be redeemed, sold, transferred, bequeathed, leased, rented or otherwise disposed of in return for valuable consideration

2. NO WARRANTIES

2.1

Stars Mobile disclaims 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.

2.2

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.

2.3

Stars Mobile reserves 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) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary 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 Stars Mobile in this regard.

3. AUTHORITY

Stars Mobile retains authority over the issuing, maintenance, and closing of Users’ accounts on the Sites. The decision of Stars Mobile’s management, with regards to 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. The account created by a User shall hereinafter be known as a Stars Account. The User’s Stars Account will provide access to all the Sites, made available to you under the terms of this Agreement, by Stars Mobile, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account’ or ‘account’ means your Stars Account.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1

your use of the Service is at your sole option, discretion and risk;

4.2

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Stars Mobile and Stars Mobile shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

4.3

you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf). Virtual Chips have no value in and of themselves and are not transferable and exchangeable within a Stars Account. Further, such Virtual Chips have no value in themselves and are not redeemable for any ‘real’ currency or prize. Thus you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your Stars Account or any Virtual Chips associated with your Stars Account to a third person; and

4.4

you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.

5. PROHIBITED USES

5.1

SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

5.2

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 Stars Mobile and the User is obligated to update such details in the event of any change thereto.

5.3

COLLUSION. Collusion between Users by sharing poker hole cards or by any other methods is strictly forbidden. Stars Mobile reserves the right, in addition to other measures, to restrict seating and/or to 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, Stars Mobile reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Stars Mobile 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.

5.4

EXTERNAL PLAYER ASSISTANCE TOOLS. Stars Mobile prohibits external player assistance tools (“EPA Tools“) that are designed to provide an “unfair advantage” to players. Stars Mobile defines “EPA Tools” as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). Stars Mobile takes a broad view of what constitutes an “unfair advantage” in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User’s own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.

5.5

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, and without the assistance of any form of artificial intelligence.

5.6

You agree that Stars Mobile may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with the Stars Mobile Software on the User’s computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand in order to deliberately transfer his Virtual 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 Stars Account may be terminated immediately. In such circumstances Stars Mobile will be under no obligation to return or credit to you any Virtual Chips that may be in your Stars Account at such time.

5.8

FRAUDULENT BEHAVIOR. In the event that Stars Mobile deems 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 in this Clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Stars Mobile shall be entitled to take such action as it sees fit, including, but not limited to:

1. immediately blocking a User’s access to the Service;
2. terminating a User’s account with Stars Mobile;
3. seizing all Virtual Chips within a User’s account; and/or
4. taking legal action against a User.

6. 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 Stars Mobile staff.

7. BREACH

7.1

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Stars Mobile or any other company within the Group which provides services to the User reserves the right, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User’s account on the Sites or on any other sites operated by the Group, seizing all Virtual Chips held in the User’s account on the Sites or on any other site operated by the Group and/or taking legal action against such User.

7.2

You agree to fully indemnify, defend and hold harmless Stars Mobile, its Group companies and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

1. your breach of this Agreement, in whole or in part;
2. violation by you of any law or any third party rights; and
3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

8. LIMITATION OF LIABILITY

8.1

Under no circumstances, including negligence, shall Stars Mobile or any other member of the 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 Stars Mobile had prior knowledge of the possibility of such damages.

8.2

Nothing in this Agreement shall exclude or limit Stars Mobile’s or the Group’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

9. SECURITY AND YOUR ACCOUNT

9.1

Each Stars Account shall be accessible through the use of a combination of a unique Stars ID (“Stars ID“), a unique and secret password (“Password“), and other optional numeric authentication methods that the User may select (the Stars ID, Password and any other authentication features together being referred to as the “Login Credentials“). The User is obligated to choose his/her own Stars ID and Password in accordance with the rules relating thereto.

9.2

The User agrees that 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 Stars Account.

9.3

The User is obliged to keep his/her Login Credentials secret and confidential at all times 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.

9.4

A User may only have one Stars Account with Stars Mobile and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Stars Mobile. In the event that Stars Mobile becomes aware of additional accounts opened by a User, Stars Mobile may close such additional accounts without notice and may confiscate Virtual Chips held in such additional accounts.

9.5

You will not be able to place any bets (with Virtual Chips) using the Service in an amount greater than the total amount of Virtual Chips in your Stars Account.

9.6

You are fully responsible for paying all monies owed to Stars Mobile. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Stars Mobile for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

9.7

Stars Mobile reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.

9.8

Stars Mobile reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

9.9

If value added tax (VAT), goods and services tax (GST), QST, HST or any other service tax applies, hereinafter described as “Sales Tax“, we treat our revenue as being inclusive of all Sales Tax. We account for and pay this tax, where applicable, on behalf of our customers so there is no further action required by you in this regard.

10. THIRD PARTY SOFTWARE

10.1

The Software contains, as a component, third party software, including software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/); cryptographic software written by Eric Young; ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software“).

10.2

The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

10.3

The Licensed Software may not be altered, modified or extracted from the Software.

10.4

The User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean, for an End User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.

10.5

All rights not expressly granted in the Licensed Software are reserved.

10.6

The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project by Eric S. Raymond, by Peter Steinberger and by Eric Young “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.

11. DISPUTES

The User accepts that the historical data of each PM Game shall be as recorded on the Stars Mobile servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Stars Mobile server the latter shall prevail. The User accepts that the “Instant Hand History” and “Hand Replayer” features of the Software shall not be considered as the official historical record of any hand.

12. AMENDMENT

Stars Mobile may update or modify the terms of this Agreement or any part thereof from time to time. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Service and the changes will apply immediately following your express acceptance. 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.

13. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below, the courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Stars Mobile to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. This choice of law provision is without prejudice to the rights that may be granted to you as a consumer under mandatory provisions of European Union Law or of the law that would be applicable to you in the absence of such choice of law provision.

14. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

15. ASSIGNMENT

Stars Mobile reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

16. MISCELLANEOUS

16.1

No waiver by Stars Mobile of any breach of any provision of this Agreement (including the failure of Stars Mobile to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

16.2

Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group.

16.3

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

16.4

This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

16.5

The User must provide full and truthful information in respect of all details and information requested by Stars Mobile in connection with the User’s use of the Service subject at all time to the terms of the Privacy Policy.

16.6

The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.