These Terms of Service were last updated on February 15, 2016. You may always view the most recent version of these Terms of Service here: http://www.wsop.com/legal/terms-conditions-nj.asp.
YOUR USE OF THIS GAMBLING SERVICE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS OF SERVICE WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE SERVICE IMMEDIATELY. PLEASE READ THESE TERMS OF SERVICE (the "Terms of Service")CAREFULLY BEFORE USING THIS SERVICE.
Caesars Interactive Entertainment New Jersey, LLC, a New Jersey limited liability company, with offices at One Caesars Palace Drive, Las Vegas, Nevada, USA, 89109 (the "Company" or "We") is the operator of the website domain www.wsop.com (the "Website"). The Company is licensed and regulated by the New Jersey Casino Control Commission ("CCC") and the New Jersey Division of Gaming Enforcement ("NJDGE") for the purposes of operating and offering real-money Internet-based or mobile application-based interactive gaming services (hereinafter referred to as the "Gambling Services" or "Services").
When You (hereinafter referred to as the "End User" or "user" or "You") use the Website, or Services, these Terms of Service (hereinafter referred to as the "Terms of Service" or "Agreement") shall apply to such use.
1.2 The Company operates the Website and offers the Services under an Internet Gaming Permit issued by the NJDGE. All Gambling Services transactions between You and the Company must take place in New Jersey.
1.3 The software offered by the Company, which may be made available in either downloadable or non-downloadable form (the "Software"), allows You to use the Gambling Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion, subject to any statute, regulations or direction from the NJDGE with immediate effect and without notice. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard.
1.4 In respect to your use of the Services, You may only have one account with each specific brand operated by the Company for which You will register using your own legal name. You shall access the Software and use the Services only via your own account, You may never access the Software or use the Services by means of another person's account. Should You attempt to open more than one account, under your own name or under any other name, or should You attempt to use the Services by means of any other person's account, We will be entitled to block your account pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services.
2.1 IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY STOP USING THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR COMPUTER. BY REGISTERING WITH US, USING THE SOFTWARE OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.
3.1 Use of the Services is restricted to users who are playing from within the State of New Jersey. You represent, warrant and agree to ensure that your use of the Software and the Services will comply at all times with all applicable laws, statutes and regulations.
3.2 You acknowledge that You will be physically within the State of New Jersey during any time of play and You will comply with our requirements in connection with verifying your physical location at time of play, including by verifying the location of (i) Your mobile phone (the "Mobile Phone Location Service"), or (ii) the device on which You are accessing the Services (the "Device Location Service"). In order to verify Your location, We may employ the Mobile Phone Location Service, the Device Location Service, or both, at our exclusive discretion, subject to applicable laws and gaming regulations.
Additional terms associated with mobile location verification can be found here: http://www.wsop.com/legal/mobile-terms-conditions-nj.asp
3.3 Certain services will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing and using your location data in order to provide and improve location-based services.
3.4 The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by You. Please consult an attorney if You have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.5 Persons located outside of the State of New Jersey, at the time of their activity, may not use the Services for real money play.
3.6 Under no circumstances will We nor any of our affiliates or third party service providers and their respective affiliates be responsible or liable in any respect for any losses You may incur as a result of Your location not being able to be properly verified for any reason. By using the Gaming Services, You understand and agree that such responsibility or liability is borne exclusively by You.
4.1 No one under the age of 21 (individuals 21 or older referred to herein as "Legally of Age") may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the State of New Jersey. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Services has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate a person's account and exclude a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account shall be returned within 60 business days of cancellation, subject to NJDGE approval. The Company reserves its discretion with respect to refund of any Bonuses or winning funds provided to or gained by the player.
4.2 You hereby explicitly consent that We may verify your registration details, such as your name, physical address where you reside, your date of birth and social security number, and your passport identification (for non US residents) to confirm that You are Legally of Age. We reserve the right to verify that You have not been previously self-excluded with the Company, the NJDGE and any casino or any program offered by a governmental agency and otherwise remain on the Company's self-exclusion list. By requesting certain documents, We reserve the right to verify your information, including your e-mail address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport, (b) proof of address such as a utility bill, and (c) proof of payment method, and can be sent to us through the 'Upload Your Documents' feature in the Website's Cashier. In Company's sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event our request for documents is not completed by You to the Company's satisfaction, the Company will terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account shall be returned within 7 business days of cancellation. Company reserves its discretion with respect to the refund of any Bonuses or winning funds provided to or gained by the player. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regards to the documents.
4.3 You hereby explicitly consent to the Company performing background checks on any user for any reason, including, but not limited to, any investigation into the identity of the user, any credit checks performed on the member, or any inquiries into the member's personal history. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of the user's registration details, such as the name, address and age, verification of the user's financial transactions, and verification of the user's gaming activity. The Company shall be under no obligation to advise the user of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block a user's account, and withhold all funds, on the basis of such an investigation.
4.4 "Key employees" and other Company employees prohibited from wagering in any casino or simulcasting facility in New Jersey are prohibited from using the Services or creating an account with the Company.
4.5 All employees, consultants, directors, officers, agents of Company and its affiliated entities shall comply with the Human Resources policies of the Company prior to any use of Services.
4.6 You have the right to set responsible gaming limits and to self exclude from the Services as detailed in the Responsible Gaming Policy.
5.1 The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install the Software on a hard disk or other storage device and may make back-up copies of the Software, provided that such back-up copies are used only by You in connection with the Services through a computer of which You are the principal user. The Software's code, structure and organization are protected by intellectual property rights. Without limiting the generality of the foregoing, You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) collect, compile, aggregate, display, market, sell or otherwise distribute data or statistics obtained from the Services or Software; or (f) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement (together the "Prohibited Activities") .
End User will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Website and Services including, but not limited to, "WORLD SERIES OF POKER", "WSOP", "
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Website or in connection with the Services (the "Site Content"). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Website or used in connection with the Services, except as expressly permitted herein.
5.4 You hereby acknowledge that by using the Services or the Software You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
5.5 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6 Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement:
The Company respects the intellectual property rights of others and requires users of the Services and the Website to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any user that is found to have infringed on the rights of the Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers. If You believe any material available on the Website infringes upon a copyright, or otherwise violates your intellectual property rights, You should notify the Company's Copyright Agent by providing the following information:
(a) Identify the copyrighted work or other intellectual property that You claim has been infringed;
(b) Identify the material on the Website that may be an infringement with enough detail so that We may locate it on the Website;
(c) A statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) A statement by You declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
(e) Your address, telephone number, and email address; and
(f) Your physical or electronic signature.
The Company's designated agent for notices of claims of copyright or other intellectual property infringement is:
Interactive Entertainment New Jersey, LLC
Attn: Copyright Agent
One Caesars Palace Drive
Las Vegas, NV 89109
(702) 407-6300 (phone)
(702) 407-6420 (fax)
In consideration of the rights granted to You to use the Services and the Software, You represent, warrant, covenant and agree that:
6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for your own actions.
6.2 All details provided by You to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction are true, current, correct, complete and match the full name(s) on the credit/debit card(s) or other payment accounts including payment via the automatic clearing house (ACH online check transfers) or commonly referred to as "E-Checks" to be used to deposit or receive funds in your account. You shall ensure that funds deposited into an interactive gaming account from a financial institution shall not be transferred out of the interactive gaming account to a different financial institution and ensure You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Website. You will promptly notify us of any changes to details previously provided by You to the Company. From time to time You may be requested to provide us with certain documents to verify the details of the credit card used by You to deposit money to your account. Depending on the outcome of these verification checks You may or may not be permitted to deposit further monies with the credit card previously used by You. Should any of the information that You provide to us be untrue, inaccurate, misleading or otherwise incomplete, You will be in breach of this Agreement and We reserve the right to terminate your account immediately and/or prevent You from using the Software or the Services, in addition to any other action that We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, your account with the Company is solely for your benefit. You shall not allow anyone (including a relative) to use your account, password or identity to access or use the Services or the Software and You shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if You suspect that your account is being used by a third party and/or any third party has access to your account username or password so that We may investigate such matter, and You will cooperate with us, as We may request, in the course of such investigation.
6.4 As the End User, You are responsible for the security of your username and password on your own computer and any device on which the Software is or may be accessible including an internet access location. If this username password combination is "hacked" from your computer, due to any virus or malware that may be present on the computer that You access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company. It is the End User's responsibility to configure your client terminal's auto lock feature to protect your client terminal from unauthorised use.
6.5 As the End User, You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction. You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.6 As the End User, You are fully aware that there is a risk of losing money when gambling by means of the Services and You are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to any loss, You shall have no claims whatsoever against the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
6.8 As the End User, You agree to use the Website, Services and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
6.9 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any winnings paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax regulations.
6.10 As the End User, You are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by You, the Company may not guarantee that the Software shall recall your exact status prior to the disconnection event.
6.11 As the End User, You shall use the Services and the Software only in good faith towards both the Company and the other players using the Services. In the event that the Company deems You have been using the Services or the Software in violation of any applicable law and/or to cause direct or indirect harm or injury to the Company or any user of the Services, the Company shall have the right, subject to any applicable law, to terminate your account with the Services and any other accounts You may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard, subject to any applicable laws.
6.12 As the End User, You acknowledge that certain games, which are included in the Services, are offered or may be offered upon Company's sole discretion to You on a "shared table basis" which enables the Company to bring together users of the Services via the Website and other Gambling Services operated by the Company. You agree that, at the Company's sole discretion, You may be pooled into these shared tables and that, to the extent that You breach this Agreement, the Company shall have the right to block You from playing on any "shared table".
6.13 As the End User, You acknowledge and agree that should You choose to self-exclude, as provided for by regulation, from the Services operated by the Company or its affiliates, You shall not be permitted to open or use a new account with any other website operated by the Company or use the Services during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event You are in breach of the foregoing, the Company will block any new account You open with another website operated by the Company, refund any funds You may deposit (or have previously deposited) therein, and shall not be liable to refund You any funds You may have wagered or won through such account.
6.14 You hereby grant the Company and/or the NJDGE your consent to monitor and record your wagering communications and geographic location information at all times and You shall have no claims against the Company in such regard.
7.1 Illegal Funds and Unlawful Activities: As the End User, You declare that the source of funds used by You for gambling on the Website is not illegal and that You will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S Federal laws and/or the laws of the State of New Jersey, the Regulations of the NJDGE and/or any directives or instructions of the NJDGE. If the Company 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 Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any funds that may be in your account, subject to approval of the NJDGE. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity. Furthermore, You may be placed on the NJDGE's exclusion list. As the End User, You agree to cooperate fully with the Company to investigate any such activity.
7.2 Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company's security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account terminated or blocked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services. The Company reserves the right to inform Interested Third Parties of your breach. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.3 Artificial Intelligence - Robots: The use of any automated tool designed to provide assistance in betting decisions, to exchange the opponents' hand histories or used in any way in connection with your use of the Services is strictly prohibited. Therefore, the use of software, external devices, programs or applications is strictly prohibited. You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (hereinafter referred to as "AI Software") in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software and in the event that We deem it has been used, Company reserves the right to take any action We deem fit, including immediately blocking access to the Services to the offending user and terminating such user's account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.4 Intentional Disconnection: You may not intentionally disconnect from a game while playing on the Website. If, in the Company's sole discretion, You are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. The Company shall be under no obligation to refund You any monies that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.5 If We have reason to suspect that an account or group of accounts are operating systematically - for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund You any funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.
8.1 Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
8.2 Company shall not be responsible for any third party access to your account. Under no circumstances shall the Company be liable for any losses incurred by You as a result of misuse of your password by any person or for any unauthorized access to your account. All transactions where your username and password have been entered correctly will be regarded as valid whether or not authorized by You.
8.3 Monies held in your account shall not gain any monetary interest.
8.4 If You do not 'log on' to your account by either inserting your account name and password or directly through a link sent by the Company for any period of twelve consecutive months, your Account will be considered a "dormant account." Pursuant to New Jersey gaming regulations, once an account falls into "dormant account" status, any funds remaining on deposit and any pending wagers shall be forfeited in accordance with applicable law.
8.5 We reserve the right to limit or refuse any bet, stake or other wager made by You or through your account.
8.6 You may not sell or attempt to sell or otherwise transfer any chips, bonuses or any other related items to any other individual or entity. If Company finds evidence of such a sale or attempt sale, Company may terminate your account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You all the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.
9.1 Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that You will not make or attempt to make any charge-backs, and/or deny or reverse any payment that You have made and You will reimburse the Company for any charge-backs, denial or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
9.2 Company 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 Services. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
9.3 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment or dispute or fraud relating to ACH/e-checks), Company reserves the right to block a user's account, reverse any pay-out made and recover any winnings. Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
9.4 All payments into your account must be from a single payment source, such as a credit card, debit card, charge card or ACH/e-check on which You are a named account holder.
10.1 All promotions, bonuses or special offers are subject to the Company's Bonus Policy published on the Website and promotion-specific terms and conditions if applicable, and any bonus credited to your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.
10.2 In the event that the Company believes a user of the Service is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gambling policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Services and/or block that user's account.
10.3 The opening of multiple accounts on the Website or on any other sites owned and/or operated by the Company in bad faith shall be considered an abusive behavior.
10.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company's bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website or on any other sites owned and/or operated by the Company, the Company shall have the right to block or terminate your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in your accounts according to applicable regulation.
11.1 The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules, as updated from time to time.
11.2 Company may investigate or pursue complaints made by a player against any other player using the Services and may take any action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3 The Company has no obligation to maintain account names or passwords. If You misplace, forget or lose your account name or password because of anything other than the Company's error, the Company shall not be liable.
12.1 Dispute Resolution Mechanism Between Players
12.1.1 In case of any dispute raised between users and related directly to the Services, the Company shall make reasonable efforts to assist the users for the sake of reaching a quick and amicable solution; such discussions shall not be public and shall be conducted privately. The users shall promptly attempt to resolve through good faith discussions any dispute or disagreement between them relating to their use of the Services, each of the users may escalate the dispute or disagreement, first to the customer support team; if the customer support team fails to reach an understanding within 7 days of the matter being referred to the customer support team, the matter may be escalated to their managers.
12.1.2 If the dispute is not resolved according to the process described above, Company at its sole discretion may refer the dispute to arbitration in accordance with this Agreement but will not initiate such proceedings for the resolution of the dispute until the earlier of: (a) the customer support team managers joint written conclusion that amicable resolution through continued negotiation is unlikely; or (b) 30 days after the matter was escalated to the managers.
12.1.3 Dispute Resolution. Subject to the escalation process set forth above, any dispute under this Agreement shall be referred to and resolved in accordance with following provisions:
188.8.131.52 Company, in its sole discretion, may apply to courts having jurisdiction in the matter to obtain an injunction to prevent disclosure of its confidential information.
184.108.40.206 In relation to any and all disputes between users, You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that the Company records shall be the final authority in determining the terms of your use of the Services and the Company is not required to consider any dispute You may have with regard to the Company's decisions in such matters. This provision does not prejudice any rights or remedies You may have at law or in equity.
The proceedings contemplated by this section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceeding conducted in accordance with this section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an award, and shall not bar disclosures required by law.
12.1.4 This provision does not prejudice any rights or remedies You may have at law or in equity. You hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of the Gambling Services in such case the hearing shall become public.
12.2 Disputes With The Company
In relation to any and all disputes between users and the Company, You accept and agree that random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company's decisions in regard to such matters.
12.3 All Disputes
12.3.1 All claims or disputes should be raised with the customer service department at firstname.lastname@example.org in a timely manner to allow the Company to promptly respond to the user.
12.3.2 In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, You may utilize the NJDGE's Internet Dispute Form which may be found on the NJDGE website: http://www.nj.gov/oag/ge/index.html
12.3.3 You hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of the Gambling Services or use of the Website.
13.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS". THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
End User acknowledges and agrees that:
14.1 You are free to choose whether to use the Services and do so at your sole option, discretion and risk.
14.2 Neither the Company, its affiliated companies or any third party service provider (the "Affiliates") or its third party licensors shall be liable to You or any third party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use or any third party's use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor its Affiliates or its third party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Website or otherwise via the Services. The Company, its Affiliates and its third party licensors are not responsible for the content contained on any Internet site linked to or from the Website or otherwise via the Services.
14.4 The Company, its Affiliates and its third party licensors shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
14.5 In the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website, Services, or their respective content, or any error or omission in content or any other factors beyond our control:
(a) the Company, its Affiliates and its third party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, in its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to You by the Company, as permitted under New Jersey gaming regulations.
14.6 Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.
15.1 As the End User, You agree to fully indemnify, defend and hold the Company, Affiliates, third party service providers and licensors and their respective companies, and their respective officers, directors and employees harmless immediately on demand 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:
(a) any breach of this Agreement by You;
(b) any violation by You of any law or the rights of any third party;
(c) any use by You of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
(d) any acceptance of any winnings.
15.2 In addition to any other remedy available to the Company, as the End User, if You breach any of the terms and conditions of this Agreement and any Additional Terms or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement, and any Additional Terms, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against You.
16.1 This Agreement shall be in full force and effect immediately upon your completion of the registration process and valid download of the Software with the Company and shall continue in full force and effect unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
(a) in the event, for any reason the Company decides to discontinue to provide the Services in general or specifically to You;
(b) in the event Company believes that You have breached any of the terms of this Agreement;
(c) in the event your use of the Services has been in any way improper or breaches the spirit of this Agreement;
(d) in the event your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to, existing blocked accounts, We may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
(e) upon instruction of the appropriate law enforcement agency or regulatory body; or
(f) for any other reason Company may determine.
Unless otherwise provided herein, or as required by law or regulation, on termination of this Agreement any balance in your account will be returned to You within a reasonable time of your request, subject to Company's right to deduct any amounts owed by You to Company.
16.3 As the End User, You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at email@example.com, such termination is to take effect upon the Company terminating your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of your email, provided that You shall remain responsible for any activity on your account between sending us an email and the termination of your account by the Company.
16.4 On termination of this Agreement You shall:
(a) discontinue the use of the Software and the Services;
(b) pay all amounts due and owing to the Company; and
(c) remove and permanently delete the Software from your computer equipment and/or mobile device and destroy all related documentation in your possession, custody, power or control.
16.5 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
16.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules) the Company is under no obligation to refund You all the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company and You shall have no claims against the Company in such regard.
16.7 If You have chosen to close your account - for example, if You have self-excluded yourself from any of our Services, it is your obligation to abide by this restriction for the duration of the set period. If You open new accounts, while under a period of self-exclusion or cooling off, from any of the brands operated under the Company's umbrella, Company shall close all accounts as soon as detected. Company is not obligated to refund to You any funds You may have wagered or won through such accounts, subject to New Jersey gaming regulations.
16.8 If You have previously self-excluded under our responsible gaming program at any of our casinos or on-line gambling sites or under any state-sponsored program, it is your responsibility to refrain from opening new accounts during the period of such exclusion. Responsible gaming exclusions apply to all Company owned, managed, or operated properties or gambling sites. While Company will take reasonable steps to deny access, it is not obligating itself to prevent access. It is your obligation to refrain from opening new accounts in any of the brands operated by the Company. If You do open any new accounts, We will close all accounts as soon as detected. Company shall not be obligated to refund You any funds You may have wagered or won through such account.
17.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
17.2 No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and us.
17.6 The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree to not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.
17.9 Pursuant to State and/or Federal law, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to you. By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Company from any liability associated with your compliance therewith.
Notwithstanding anything contained herein, the Services are provided in accordance with the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq. and the Regulations of the NJDGE, N.J.A.C. 13:69-1.1 et seq. and the Company's Internal Controls.
As part of your use of the Services the Company may provide You with a chat facility feature which You will be able to communicate with other users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:
19.1 End User shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred or profanity.
19.2 End User shall not make statements that are abusive, defamatory, harassing or insulting to other users of the Service.
19.3 End User shall not make statements that advertise, promote or otherwise relate to any other online entities.
19.4 End User shall not make statements about the Company and/or its service providers or the Website or any other Internet site connected to the Company and/or its service providers that are untrue and/or malicious and/or damaging to the Company and/or its service providers, the Website, or any other Internet site affiliated with the Company and/or its service providers.
19.5 End User shall not make upload, post, email, transmit or otherwise make available through the Service or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
19.6 Company is fully aware that English may not be the first language of some of our players. However, at this current time, our policy upholds that this is the only language permitted in our chat application.
19.7 In the event of your breaching any of the above provisions relating to the chat facility, the Company shall have the right to remove your chat privilege or even temporarily or permanently terminate your account. Upon such termination the Company shall refund You any funds which may be in your account over and above any amount which You may be owing to the Company at such time (if any).
PLEASE NOTE: When using the chat facility any personally identifiable information that You submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the chat facility.
20.1 For service quality assurance, calls made by You to the customer service department may be recorded.
20.2 You hereby expressly consent to the Company using the contact details provided by You on registration to occasionally contact You directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time.
20.3 The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company's or its service provider's employees. In the event that the Company, in its sole discretion, deems that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company's or its service provider's employees, the Company shall have the right to block or terminate your account with the Company.
20.4 The Company may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS text message, and (iv) additional windows opening from within the Software. Promotions begin at 12:01am and end at 11:59 pm Eastern on specified dates, unless stated otherwise in the promotion's Terms & Conditions.
20.5 Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect your wishes in such regard.
If You are using the download form of the Software and wish to have it uninstalled You will be able to do so via the Add/Remove Programs on your computer.
Please note that upon installation of the Software the following shortcuts shall be added to your computer's desktop:
21.1 Quick launch shortcut.
21.2 Desktop icon.
21.3 Client link from the Start Menu.
21.4 Brand folder with client and uninstall link from the Programs option on the Start Menu.
21.5 Client link from the Games option on the Start Menu.
If You choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules, monitor fraud attempts, and comply with any applicable regulation.
In order to enjoy the Services, You are required to either install a downloadable application in relation to the poker offering on your computer, or use the online version of the Services (for the non downloadable version of the casino offering).
The minimum recommended specifications for the download version are:
22.1 For PC:
o OS - Windows XP
o CPU - Pentium 1.8 GHz (or AMD equivalent)
o RAM - 760 Mb
o HD - 50Mb available
22.2 For Mac, once shall be applicable upon Company's sole discretion :
o OS version: Mac OS X 10.6.8
o CPU: 2.4 GHz Intel Core 2 Duo
o Memory: 4GB DDR2 667 MHz
22.3 The non-download client is supported on the following browsers: IE6 and above, Firefox 3 and above, Safari 4 and above and Chrome 4 and above.
22.4 You will need to have the Adobe Flash Player (10.3 and above) installed. Should the Adobe Flash Player version installed be incompatible with the requirement above, end-users will be prompted to download and install the required version.
22.5 In relation to the mobile application on the iPhone and iPad, We support version iOS 6.0 and above.
22.6 In relation to the mobile application on the android operating system the minimum requirements are:
o ARMv7 processor with vector FPU, minimum 550MHz, OpenGL ES 2.0, H.264 and AAC HW decoders
o Android 2.3 and above
o 256MB of RAM
You hereby acknowledge that in order to play on our Live Casino your computer must meet the following minimum hardware, software and connection requirements:
o Hardware: 2.5 GHz Intel Pentium
III or 100% compatible
1 GB RAM
SVGA graphics card capable of 800 x 600 resolution or higher
o Software: Microsoft Windows
2000/ XP or Vista
Internet Explorer 6.0, Mozilla 2, Chrome 1/0/0154, Safari 3.0 or later
Adobe Flash Player 9
o Connection: 256 kbps You hereby agree that in the event that the Live Casino is disconnected due to unsuitable hardware, software and/or connection configurations on your part, We shall be under no obligation to refund to You any monies and the Company will not be responsible for any loss, including loss of winnings, which may result.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
25.1 Without derogating from Sections 6.10, 7.4 and 220.127.116.11 above, the following provisions will apply in the event of your disconnection from the server while playing a casino game:
(i) If no further action by You is required to complete the casino game, the final outcome shall be determined by the random number generator. Upon your reconnection to the server you can view the game's final outcome by clicking on "My Account", and then selecting "My History".
(ii) If any further action by You is required to complete the casino game the random number generator will not automatically determine the final outcome. Upon your reconnection to the server, You can continue to play the game from the point immediately prior to the disconnection. You have 8 weeks from your disconnection from the casino game to complete it. If You have not completed the game by the end of such 8 week period, the game will then automatically terminate and any bets made by You relating to such game shall be deducted from your account.
If you have any further questions with regards to disconnection while playing casino games, you can contact us at firstname.lastname@example.org.
25.2 The player disconnection provisions applicable to Poker games are described in the House Rules.
You hereby acknowledge that all bets placed by You in relation to multi-player poker games are bets placed with other users and not bets placed with or against the Company. The Company does not assume any risk whatsoever for bets placed between You and any other user of the Service. The Company does not under any circumstances either place or accept bets itself.
You may not occupy more than one position at a poker table at any given time, though You may occupy one position at several tables at any given time.
You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.
We provide multi-player poker games so as to provide a platform for users to play poker and to bet with each other using the Software. In consideration of this service We charge either:
(a) a commission (known as a rake) which is calculated in accordance with the House Rules; or (b) a percentage of the "buy-in" fee for tournaments.
Collusion: Collusion occurs when two or more players at a poker table attempt to gain an unfair advantage by sharing knowledge of their cards or other information. In cases of suspected collusion, the Company shall be entitled to freeze the implicated players' accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who colludes or attempts to collude with any other player while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company, their account may be terminated immediately and the Company shall be entitled to retain all monies that are reasonably determined to have been obtained as a result of collusion. We have developed and employ sophisticated proprietary technology intended to seek out and identify players acting in collusion. If the Company is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts. No player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating or any other form of fraud.
Chip-Dumping: Chip-dumping occurs when any player deliberately loses a hand in order to transfer his chips to another player. In cases of suspected chip-dumping, the Company shall be entitled to freeze the implicated players' accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Services or the Software or any other related services of the Company and such player's account may be terminated immediately.
If your account is associated with poker fraud in any way - for example through Chip Dumping, or Collusion, We will be entitled to freeze your account pending investigation, and/or notify the proper authorities of the suspected activity, the outcome of which may result in the closure of all your accounts, You being barred from future use of the Services, and the forfeiture of funds reasonably determined to have been obtained as a result of such fraud.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.