Online poker privacy policy
Your privacy is very important to Poker Party House (referred to herein as “PPH", "we" or "us"), the owner and operator of the website located at www.pokerpartyhouse.com (the "Site"). We are committed to maintaining the confidentiality of the personal information collected by us in order to allow you to enjoy playing poker online at the Site, by safeguarding it utilizing the best in class software and hardware architecture, techniques, methods and procedures.
Consent to Privacy Policy
By using the Service, you agree to the terms of this Privacy Policy. We reserve the right to amend this Privacy Policy and changes will come into effect immediately upon such change being notified on the Site. Your continued use of the Service constitutes your agreement to this Privacy Policy and any amendments. Our Terms & Conditions, take precedence over any conflicting provision of this Privacy Policy. Unless otherwise defined herein, capitalised terms shall have the meaning given to them in our Terms & Conditions. The purpose of this Privacy Policy is to enable you to understand how we collect, store, use and safeguard your personal information and for you to understand your rights in relation to that information.
What information is collected and for what purpose
As part of the Site account opening process and to allow us to provide services to you, we will ask you to provide us with certain personal information, including your name, postal address, telephone number, email address and password as well as to certify that you are at least 18 years old or older in jurisdictions in which the minimum age for use of the Service is greater than 18. For the purposes of using the Service via the Mobile Software, you will be required to consent to the use of location-based services (LBS) by us to detect your geographic location. We may also use your information to verify your credentials from third parties including financial institutions, identification verification agencies and credit reference agencies for the purposes of us providing services to you. In addition, when you use the Service we store certain personal information, including information on your activity on the Site and information held on Devices (defined below) or systems that you use, to allow us to enhance the services that we provide to you. We, members of our group, our affiliates and third parties providing services on our behalf will use your personal information for various purposes such as:
- • to confirm financial transactions,
- • to provide services to you;
- • identification and vetting purposes;
- • statistical analysis and research;
- • research and development;
- • marketing, market research and customer profiling; data analysis; to comply with licensing and regulatory requirements; and to analyse your credit and fraud risk.
We may disclose your personal information:
• if required to do so by law or by regulatory authority;
• if we believe in good faith that such action is necessary:
• to comply with any law or comply with legal process served on us;
• to protect and defend our rights or property;
• to any regulatory body or licensing body or authority;
• to third parties for the purposes of settling or making payment in connection with any wager;
• to any payment management or debt collection company engaged by us to handle payment and collection processes to and from Users;
• to third parties who provide services to us or on our behalf;
• to any third party that purchases us or our business or any part of us or our business;
• to credit reference agencies as described in the circumstances described below in this Section 2;
with your consent; for the purposes of disaster recovery; or as set out in Sections 5 and 6 below.
We and other members of our corporate group may occasionally send you events and news information or information regarding new services and to provide you with customer support services. If you no longer wish to receive our newsletters, you may opt-out of receiving them by following the instructions included in each newsletter.
Your personal information may be processed by us, other members or our Group, our affiliates, our agents and third parties providing services to us..
We will only use your name in publicity materials with your consent.
The name you register with us must be your own name. In addition, it is very important that you complete the account details with valid information, since it will be used in the course of validating financial transactions and the other aforementioned purposes. You are required to advise us of any relevant changes to your personal information.
Users are able to change account details by selecting an account option in the downloaded software.
Confidentiality
PPH has undertaken substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual Users and will not knowingly allow access to this information to anyone outside PPH, other than to the User or as described in this Privacy Policy.
PPH has made a substantial investment in its server, database, backup, firewall and encryption technologies to protect the information collected by PPH. These technologies are deployed as part of state of the art security architecture.
You should also do your part in protecting your information. Your Login Credentials are confidential and you are obliged to keep your Login Credentials secret and confidential at all times and to use your best efforts to protect their secrecy and confidentiality.
Cookies
Cookies are text-only strings of information that are downloaded to your personal desktop, laptop computer or mobile device (each a "Device") when you visit a website. They are then sent back to the originating website on each subsequent visit, or to another website that recognises those cookies.
Cookies are very useful and are used for many different purposes. These include allowing you to navigate between pages efficiently, remembering your preferences, and generally improving user experience. Sometimes cookies are used to help ensure that adverts you see online are relevant to you and your interests.
We use cookies in order to track referrals to our websites, to remember your preferences, and to generate anonymised statistical data, which we use to improve the user experience on our sites. We also use cookies to measure the effectiveness of our advertising campaigns, to limit the number of times you see an advertisement, to remember that you have visited a website, and to provide advertisements that are more relevant to your interests.
Fair Play
Responsible Gambling
Responsible Gaming
Poker Party House is committed to responsible gaming and to ensuring that underage players are not allowed to play online using our software.
Age Verification
Any underage player who has provided dishonest or inaccurate information regarding their true age may have all winnings forfeited and could face criminal prosecution.
Poker Party House requires every new player to confirm that they are of legal age to play online games in their local jurisdiction, and we pursue all reasonable measures to verify this information. Furthermore, Poker Party House does not direct any of its advertising towards underage players. We believe doing so would be bad business and bad for the games we offer.
Specifically, Poker Party House does the following to prevent underage play on our site:
Requires all new users to agree to our Terms and Conditions and click a separate check box confirming they are at least 18-years of age at the time of account creation
Collects the name, address, and birth date to confirm their personal details and confirm that the player is at least 18 years old
It is our intention that our games remain available to all players who are of legal age, and we encourage our users to take reasonable precautions to ensure that minors are not able to access our games through their personal computers or accounts. Specifically, we strongly encourage all of our players who are or may be around minors in those places the user chooses to log on to our software to:
• Never leave their computers unattended while logged into our software
• If you do need to step away, remember to lock your computer using a password
• Keep your Poker Party House account name and password in a secure location
• Do not leave the "Save Password" function enabled on your Poker Party House sign-in screen
• Use age protection software on your computer to limit access to specific websites and programs for underage users
• Never share your credit card or bank account information with minors
• When you access the software from someone else's computer (a friend or family member's for example), or log on from a remote location (a wireless café, airport, hotel, or other public places), please be mindful of any minors who may be near you while you play
If you are aware of any underage person using our software, please contact support@pokerpartyhouse.com with all of the relevant details, including the user's player name on our site. We will fully and fairly investigate any matters reported to us, and, if necessary, freeze the player's account to prevent the user from any further play.
Responsible Gaming
We believe that online games should be played for fun and entertainment. However, for some people, even one session at the table can be too much, which is why we encourage you to play responsibly.
With that in mind, consider these guidelines before you sit at the table:
Set a limit – Don't play with money you can't afford to lose. If you're risking the rent, your car payment, or tuition money at the table, walk away.
Don't chase your losses – Everyone has a losing session once in a while. Don't move to a higher stakes table in hope of recouping money you lost at a lower stakes game.
Don't play when you're tired, angry, depressed, or drunk – Playing well takes focus and concentration. If your head's not in the game, you shouldn't be at the table.
If you think playing online is becoming a problem, we encourage you to seek help through an organization like Gambler's Anonymous.
GamblingTherapy (World Wide)
Self-Exclusion
If you want even more help in controlling your online game play, you can request to be excluded from playing on our site for a defined period of time, ranging from 12 hours to 18 months. Once you ask to be excluded from playing on our site, your decision is irreversible.
Before choosing Self-Exclusion, please take a moment to review the following questions:
• Did you ever lose time from work or school due to playing online?
• Has playing online caused you to neglect your own welfare or that of your family?
• Have you ever sold anything or borrowed money to finance your playing?
• Have you often played until your last dollar was gone?
• Have you ever played longer than you had planned?
• Have you ever considered self-destruction or suicide as a result of your playing?
If you answered "Yes" to several of these questions, we encourage you to visit Gamblers Anonymous.
To request exclusion, either email support@pokerpartyhouse.com or select your preferred exclusion period directly through our game software. Once we receive your request and verify that it is you, the authorized user who has made the request, you will:
• Be automatically unregistered for any tournaments that begin during your exclusion period
• Not be allowed to make deposits or send and receive player-to-player transfers
• Not be allowed to end your exclusion early
If your account is self-excluded you can complete the account pairing process to connect your Poker Party House and PPH accounts and make a one-time transfer of funds between the two. Please note that once the pairing process is completed, you will be unable to transfer funds between accounts if one is excluded from playing. You will be prohibited from playing until your exclusion period expires, however you can withdraw your funds, should you wish.
Setting your own limits
Poker Party House has introduced a number of features to allow our players to better manage their time, funds and general gaming experience. These are:
• Self-Imposed Deposit Limits
• Self-Imposed Session Time Limits
The limits you set will be enforced across all online games offered by Poker Party House.
At any time, you can request a report which lists all the Self-Imposed Limits changes that have taken place on your account. To do this, simply email support@pokerpartyhouse.com and they shall address your request.
Self-Imposed Deposit Limits
Using Poker Party House's Self-Imposed Deposit Limit feature, you can better manage your online gaming budget.
You can set your specific limits for how much you wish to deposit on a Weekly basis. To access the Self-Imposed Deposit Limit feature, simply open the Cashier and choose 'Restrict Deposit Limit'. This can also be accessed through the Responsible Gaming menu, under Requests in the game lobby.
Once you have set a Self-Imposed Deposit Limit, any transfers from your paired PPH account will count towards that limit. For example, if your Self-Imposed Deposit Limit is $100 per week, and you transfer $50 from your PPH account to your Full Tilt account, you will only be able to deposit an additional $50 during the remainder of that week.
For more information, please contact support@pokerpartyhouse.com.
Self-Imposed Session Time Limits
Using our Session Time Limit feature, you can allocate as much or as little time to your online gaming as you wish.
You may choose from one hour up to eight hours per day. Also, you can remove your restrictions at a later date if desired. You can access this feature via the Responsible Gaming menu, which appears under Requests in the game lobby.
If you need further assistance, please do not hesitate to contact support@pokerpartyhouse.com.
Terms & Conditions
Party Poker END USER LICENSE AGREEMENT
This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of PPH's service or products. Please note that the Agreement constitutes a legally binding agreement between you and PPH.
By entering into this Agreement, you acknowledge that PPH is part of a group of companies. As such, where used and the context allows, the term "Group" means PPH together with its subsidiaries and any holding company of PPH and any subsidiary of such holding company and any associated company with PPH including, but not limited to associated companies providing services under the trade mark "PPH".
Our Software
This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of PPH's service or products. Please note that the Agreement constitutes a legally binding agreement between you and Poker Party House (referred to herein as “PPH", "us" or "we").
PPH operates the "play money" poker games ("PM Games") offered to you on the Internet site found at www.pokerpartyhouse.com (the "Site"). The terms and conditions governing your playing on the PM Games are below.
By entering into this Agreement, you acknowledge that PPH is part of a group of companies. As such, where used and the context allows, the term "Group" means PPH together with its subsidiaries and any holding company of PPH and any subsidiary of such holding company and any associated company with PPH including, but not limited to associated companies providing services under the trade mark "PokerStars".
In addition to the terms and conditions of this Agreement, please review our Privacy Policy , Cookie Policy, the How to Play, the Site Rules as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.
By entering into the software installation process and/or using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policy, Cookie Policy, the How to Play pages of the Site, the Site Rules as each 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 PPH software downloadable to your personal desktop or laptop computer ("PC") from www. pokerpartyhouse.com (the "PC Software") and the mobile software application (the "Mobile Software") downloadable to a mobile device (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the software (whether web-based software or client/server software).
GRANT OF LICENSE
INTELLECTUAL PROPERTY
1.1 Subject to the terms and conditions contained herein PPH grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access the PPH 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 PPH for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. PPH 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 PPH, its Group companies and its licensors 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:
PPH, 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 Unauthorised Use. You shall notify PPH immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide PPH with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
1.5 The terms "PPH", the domain names "pokerpartyhouse.com", "mobile.pokerpartyhouse.com, "pokerpartyhouse.com", "mobile.pokerpartyhouse.com", "pokerpartyhouse.com" and "mobile.pokerpartyhouse.com" and any other trade marks, service marks, signs, trade names and/or domain names used by PPH 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 PPH 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 PPH 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 PPH'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 PPH, 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 PPH, its Group companies, employees, directors, officers and consultants.
1.6 You warrant that any names used by you in connection with the Site or Service (for example, your user name) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant PPH and its Group a worldwide, irrevocable, transferable, royalty free, sub-licensable licence to use such names for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.
1.7 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 PPH, 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 licence.
1.8 PPH 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 PPH in writing. Accordingly you may not sublicence, 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 PPH. 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.
LICENSE FOR VIRTUAL CHIPS
1.9 You may purchase a license to use Virtual Chips for valuable consideration, by visiting thePurchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.
1.10 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. PPH keeps records of transactions in order to deal with any queries.
1.11 For the purchase of a licence 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 PPH that commences upon Acceptance by PPH of your purchase. A purchase of a license to use Virtual Chips is non-refundable by PPH.
1.12 PPH may revise the pricing for the Service and the Virtual Chips it licenses to you through the Service at any time. You acknowledge that PPH 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.
1.13 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.
NO WARRANTIES
2.1 PPH 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 PPH 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 PPH in this regard.
AUTHORITY
PPH retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of PPH'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.
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 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. PPH will process your personal details in compliance with the data protection laws and regulations of the Isle of Man, all in accordance with and as set out in our Privacy Policy;
4.3 the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of PPH and PPH shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
4.4 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 User 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 User account or any Virtual Chips associated with your User account to a third person. and
4.5 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.
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 PPH 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. PPH 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, PPH reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly PPH 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). PPH prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. PPH defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). PPH 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. We encourage you to read the Prohibited Programs page of the Site.
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 PPH 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 Software on the User's PC or Device. 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 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 account may be terminated immediately. In such circumstances PPH will be under no obligation to return or credit to you any Virtual Chips that may be in your User account at such time.
5.8 FRAUDULENT BEHAVIOR. In the event that PPH 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, PPH shall be entitled to take such action as it sees fit, including, but not limited to:
immediately blocking a User's access to the Service;
terminating a User's account with PPH;
seizing all Virtual Chips within a User's account; and/or
taking legal action against a User.
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, with respect to which please refer to the Legal Information page and the Site Rules, or in correspondence with PPH's staff.
BREACH
7.1 Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, PPH 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 Virtual Chips 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.
7.2 You agree to fully indemnify, defend and hold harmless PPH, 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:
your breach of this Agreement, in whole or in part;
violation by you of any law or any third party rights; and
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.
LIMITATION OF LIABILITY
8.1 Under no circumstances, including negligence, shall PPH 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 PPH had prior knowledge of the possibility of such damages.
8.2 Nothing in this Agreement shall exclude or limit PPH's or its Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
SECURITY AND YOUR ACCOUNT
9.1 Each User account shall be accessible via the following means:
in the event that the User holds a User account which is not a Guest Mode User Account (as defined below) (a "PPH User Account"), he/she may access such PPH User Account via a PC or Device and 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 methods together being referred to as the "PPH Login Credentials").
in the event that the User holds a "Guest Mode" User account as described in more detail at the PPH page of the Site (a "Guest Mode User Account"), he/she may access such Guest Mode User Account only via a Device and through the use of a User ID alone (the User ID being referred to as the "Guest Mode Login Credentials" and the Guest Mode Login Credentials together with the PPH Login Credentials constitute the "Login Credentials").
The User is obligated to choose his/her own User 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 User 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 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.
9.4 A User may only have one User account with PPH and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with PPH including (without limitation) the opening of a Guest Mode User Account by any User who already has a PPH User Account. In the event that PPH becomes aware of additional accounts opened by a User, PPH may close such additional accounts without notice and may confiscate funds 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 User account.
9.6 You are fully responsible for paying all monies owed to PPH. 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 PPH for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
9.7 PPH 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.
9.8 PPH 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.
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 (eay@cryptsoft.com) 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 use, by a 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 and cryptographic software is provided by the OpenSSL Project 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 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 and cryptographic software, even if advised of the possibility of such damage.
DISPUTES
The User accepts that the historical data of each PM Game shall be as recorded on the PPH servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the PPH server the latter shall prevail. The User accepts that the "Last Hand History" feature of the Software shall not be considered as the official historical record of any hand.
AMENDMENT
PPH 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.
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 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 PPH 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.
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.
ASSIGNMENT
PPH 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.
MISCELLANEOUS
16.1 No waiver by PPH of any breach of any provision of this Agreement (including the failure of PPH 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 PPH 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.
Contact
PPH