Software end user license agreement
By entering the TonyBet Poker software installation process and/or using the Software (as defined below), you accept the terms and conditions set forth in this Agreement, which may be updated or modified from time to time in accordance with the provisions below and therein.
For the purposes of this Agreement, the definition of "Software" will include the TonyBet poker software that is downloadable to your personal desktop or laptop computer ("Computer") from the website www.tonybetpoker.com (the "Computer Software") and the TonyBet Poker mobile software application (the "Mobile Software") downloadable to your mobile device (including, without limitation, a cellular phone, tablet, PDA, or any other type of mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the poker software (whether web-based software or client/server software).
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1 Subject to the terms and conditions contained herein TonyBet grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your Computer or Device, as the case may be, in order to access the TonyBet servers and play the poker games (the "Games") available (the Software and Games together being the "Service").
1.2 The Software is licensed to you by TonyBet for your private personal use only. Please note that the Software is not for use by (a) individuals under 18 years of age, (b) individuals under the legal age for using Services in their jurisdiction and (c) individuals connecting to the Site from jurisdictions where it is illegal to do so. TonyBet 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 to request evidence of your age at any time, in order to ensure that minors are not using the Service. We further reserve the right to suspend or close 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 TonyBet, its Group companies and its licensors are the sole holders of all the rights to the Software and the Software's code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
a. 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;
b. sell, assign, sublicense, transfer, distribute or lease 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); or
e. use the Software in a manner prohibited by applicable laws or regulations;
each of the above is an "Unauthorized Use" of the Software.
TonyBet, its Group companies and its licensors 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 Unauthorized Use. You shall notify TonyBet immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide TonyBet with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
1.5 The terms "TonyBet", the domain names "tonybetpoker.com" and all related subdomain names and any other trade marks, service marks, signs, trade names and/or domain names used by TonyBet on the Site 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 TonyBet and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to TonyBet and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without TonyBet' 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 TonyBet, its Group companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of TonyBet, its Group companies, employees, directors, officers and consultants.
2. NO WARRANTIES
2.1 TonyBet 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 Site shall be free from viruses, bugs or other contaminants.
2.3 TonyBet 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 TonyBet in this regard.
TonyBet retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of TonyBet's management, as regards 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.
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 TonyBet has no responsibility to you for any such loss;
4.2 Your use of the Service is at your sole option, discretion and risk;
4.3 You will need to provide us with certain personal details about yourself (including details regarding your methods of payment) as well as consenting to our use of location-based services (LBS) to detect your geographic location, for the purpose of using the Service. TonyBet will process your personal details in compliance with the data protection laws;
4.4 You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the Service;
4.5 The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of TonyBet and TonyBet shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
4.6 You are aged 18 or over (or other age requirements that might be applicable) and that you are not currently self-excluded from using Services.
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 account with TonyBet 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 Tonybet and the User is obligated to update such details in the event of any change thereto.
5.3 COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. TonyBet 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, TonyBet reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly TonyBet 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 PROGRAMS (EPA). TonyBet prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. TonyBet defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). TonyBet defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.
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.
5.6 You agree that TonyBet may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Tonybet 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 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 account may be terminated immediately. In such circumstances TonyBet will be under no obligation to refund any money that may be in your TonyBet account at such time.
5.8 FRAUDULENT BEHAVIOR. In the event that TonyBet 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, Tonybet shall be entitled to take such action as it sees fit, including, but not limited to:
a. immediately blocking a User's access to the Service;
b. terminating a User's account with TonyBet;
c. seizing the funds within a User's account;
d. 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
e. taking legal action against a User.
5.9 Persons located in or residents of the countries where the Services are illegal (the "Prohibited Jurisdictions") are not permitted to make deposits into their accounts or engage in play. They may cash out their existing account balances. For the avoidance of doubt, the foregoing restriction on engaging in play from Prohibited Jurisdictions applies 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 Tonybet to identify your location and providing Tonybet with false or misleading information regarding your location or place of residence.
6. DEPOSITS AND WITHDRAWAL POLICY
The policy and criteria for a User to effect deposits into and withdrawals from his/her User account can be found in the Site. TonyBet 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, or in correspondence with TonyBet's staff.
8.1 Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Tonybet 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 Site or on any other site operated by the Group, seizing all monies held in the User's account either on the Site or on any other site operated by the Group and/or taking legal action against such User.
8.2 You agree to fully indemnify, defend and hold harmless TonyBet, the Group 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:
a. your breach of this Agreement, in whole or in part;
b. violation by you of any law or any third party rights; and
c. 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 authorisation.
9. LIMITATION OF LIABILITY
9.1 Under no circumstances, including negligence, shall TonyBet or any group company 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 Tonybet had prior knowledge of the possibility of such damages.
10. SECURITY AND YOUR ACCOUNT
10.1 Each User account shall be accessible through the use of a combination of either a unique User ID ("User ID") or a unique e-mail address ("Email Address"), a secret password ("Password"), and other optional authentication methods that the User may select (the User ID or Email Address, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.
10.2 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 other person whatsoever nor permit another person to use the Service via his/her User account.
10.3 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 unauthorised 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.
10.4 A User may only have one User account with TonyBet and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Tonybet. In the event that TonyBet becomes aware of additional accounts opened by a User, Tonybet may close such additional accounts without notice and may confiscate funds held in such additional accounts.
10.5 Please note that the money held in your TonyBet account do not accrue interest.
10.6 You will not be able to place any bets using the Service in an amount greater than the total amount of money in your TonyBet account.
10.7 You are fully responsible for paying all money owed to TonyBet. 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 TonyBet for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
10.8 TonyBet 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. 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.
10.9 TonyBet 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.
10.10 You acknowledge and agree that money deposited by you in your TonyBet account is held in a trust account on your behalf.
10.11 The policy and procedure for a User to effect a period of self-exclusion are set out on the Site.
10.12 Internet Gambling may be illegal in the jurisdiction in which you are located; if so, you are not authorised to use your payment card to complete this transaction.
The User accepts that the historical data of each game shall be as recorded on the TonyBet servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the TonyBet's server the latter shall prevail.
If a User wishes to make a complaint, please contact our customer service team at [email protected] or [email protected]
Tonybet reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site 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 Estonia. You irrevocably agree that, subject as provided below, the courts of Estonia 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 it 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 TonyBet 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.
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.
Tonybet 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.
16.1 No waiver by TonyBet of any breach of any provision of this Agreement (including the failure of TonyBet 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 group company.
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.
16.6 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy