Pacific Poker - Fair Gaming

Fair Gaming
Responsible Gambling
User Agreement

One of the main concerns of Online gaming operators is to guarantee fair gaming. Casino-on-Net, the parent of Pacific Poker, understands the importance of explaining how this is actually done:

The Pacific Poker "dealer" is really a computer. A Random Number Generator (RNG) is utilized to ensure that performance is truly random. Pacific Poker uses the trusted MD5 RNG, which provides consistently random results. The system has been rigorously tested by running millions of rounds and examining results.

Pacific Poker - Responsible Gambling

Gambling is a form of entertainment enjoyed by millions of people. The majority of people gamble without experiencing any problems. However, just as some people can become addicted to alcohol or tobacco, it is possible for a person to become obsessed with gambling. Although, according to many studies, only 1 percent of the adult population faces this problem, for us even one compulsive gambler is one too many.

It is not possible to predict who will develop a gambling problem, but once identified, the problem can be successfully treated.

Casino-on-Net and Pacific Poker endorse responsible gaming. Although compulsive gambling is not easily detected, we have implemented a number of measures to address the problem:

1. Casino-on-Net's and Pacific Poker's training program incorporates methods and techniques that assist our employees in recognizing and taking appropriate actions when they identify compulsive or underage gambling.
2. We have implemented a self-eviction program for those who may need our assistance. Upon your request, we will cancel your membership and will prevent you from entering our Casino and Poker Rooms.
3. We will also let you set your own maximum allowed deposit amount.
4. Upon your request, we will remove your name from our Email list.

To have an enjoyable experience when visiting our Casino or Poker Rooms, we advise you to follow these guidelines:

1. Make sure that the decision to gamble is your personal choice.
2. Establish what constitutes an acceptable loss before starting to gamble.
3. Never gamble if:
   1. You are younger than the legal gambling age.
   2. It interferes with your work or other responsibilities.
   3. You are in recovery for addictive disorders or dependencies.
   4. You are under the influence of alcohol or other substances.
   5. You are attempting to make up for prior gambling losses.

Please know how to set limits and when to stop. Like many things, what is enjoyable in moderation can be disastrous in excess.

Seek professional help from the following organizations if gambling is not something that you want to do, but rather something that you need to do.

Underage Gambling

Poker gambling is one of the least popular forms of gambling among young people. Participating in gambling activities by persons under the age of 18 is not permitted in Gibraltar, where Pacific Poker is licensed.

Our Casino and Poker Rooms are not designed to attract children and we aggressively discourage and track minors who attempt to play at them.

Underage gambling is not a harmless activity and it may begin when adults take children along to visit a Casino and/or Poker Room or give them the "gift" of a lottery ticket.

If young people have access to a computer with Casino and/or Poker software, we encourage you to:

Install child protection software.

Not leave children unattended near your computer when your Casino and/or Poker software is running.

Password-protect your Casino and/or Poker program.

Not allow persons under 18 to participate in any gambling activity.

Keep your Casino-on-Net and/or Pacific Poker Username, Password and Credit Card(s) out of the reach of children.

Educate your children about the legality and the potential damage of underage gambling.

Unfortunately, no system is foolproof. Some young people may escape our detection. If you know a person under the age of 18 who is registered with Casino-on-Net and/or Pacific Poker, please immediately notify our Security Department at: mailto:security@PacificPoker.com

Casino-on-Net and Pacific Poker are registered with the Internet Content Rating Association.

ICRA is a non-profit organization that brings together major Internet industry players, telecommunications companies, content providers and child protection bodies. The dual aims are to protect children and free speech rights on the Internet.

For assistance, Please click here to contact us.

User Agreement

Cassava Enterprises (Gibraltar) Limited is fully licensed and regulated by the relevant laws of the Gaming Ordinance of Gibraltar for the purposes of operating an Internet Casino under the name: Pacific Poker.

Such gambling, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and read our terms and conditions carefully:

SITE USER AGREEMENT

1. Introduction

(i) Once you have accepted the terms and conditions of our offer (as expressed herein) this User Agreement (the "Agreement"), being a legally binding agreement between you and Cassava Enterprises (Gibraltar) Limited (the "Company") as updated from time to time, will govern your use of the pacificpoker.com website or equivalent or replacement uniform resource locators (the "Site") and our Software (as defined in Section 4 below).

(ii) The Company operates under a licence granted by the Government of Gibraltar under the provisions of the Gaming Ordinance for the purpose of operating virtual casino gambling on the Internet. All transactions between you and the Company take place in Gibraltar where the Company's principal servers are located.

(iii) The Site allows you to download and/or use our Software for the purposes of gambling on the Internet (the "Service"). The Company reserves the right to suspend, modify, remove or add to the Service in its sole discretion with immediate effect and without notice and we shall not be liable for loss suffered in consequence of any changes made.

(iv) You may use the Software to communicate your bets to other users through the Site. All bets placed by you are with other users, not with us. We do not assume any risk whatsoever for bets placed between you and any other user. We do not under any circumstances either place or accept bets ourselves.

(v) We operate the Site 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:

1. a commission (known as a rake) which is calculated in accordance with the House Rules; or
2. a percentage of the "buy-in" fee for tournaments.

(vi) No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Service under the laws of any jurisdiction that applies to you, whichever is greater, may download the Software or use the Service under any circumstances and any person under the age of 18 or the age of legal consent for engaging in gambling activities under the laws of any jurisdiction that applies to you, whichever is greater, who downloads the Software or uses the Service will be in breach of the terms of this Agreement. We reserve the right to request proof of age at any stage to verify that minors are not using the Service. We may cancel a person's account and exclude a person from using the Software or the Service if proof of age is not provided or if the Company suspects that a person using the Software or the Service is underage.

(vii) No officer, director, employee, consultant or agent of the Company or any of its group companies or its suppliers or vendors is permitted to use the Service directly or indirectly, nor is any supplier or vendor. This restriction also applies to relatives of such persons and for this purpose 'relative' includes, but is not limited to, any of a spouse, partner, parent, child or sibling. Further, neither Gibraltarians nor residents of Gibraltar are permitted to download the Software or use the Service.

(viii) At all times, you may only have one account, for which you will register using your own, correct name. You may not access the Software or use the Service 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 Service by means of any other person's account, we will be entitled to immediately close all your accounts and bar you from future use of the Service.

(iv) By using the Software or the Service you agree that you have read and understood the terms and conditions of this Agreement and you acknowledge that these terms and conditions shall apply to you.

2. Agreement

(i) If you do not agree to any of the provisions of this Agreement you should click 'Decline'. By clicking "I Agree"/"I Accept" at the end of this Agreement you accept our offer (with this Agreement being concluded when such acceptance is received by our servers in Gibraltar) and are bound by the terms and conditions of this Agreement, our House Rules and our Privacy Policy in each case as updated from time to time. You are bound by this Agreement in any event if you use the Service or the Software, including, but not limited to, initiating or making a deposit through the Service or submitting your deposit details to us.

(ii) We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement at any time and will bring such changes to your attention by either email notification to the address you provided us on your Registration Form and/or by placing an update icon on the "Lobby" page accessible when you use the Software. Your continued use of the Service or the Software after changes have been made and notified to you in this manner will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and we advise you to check for updates on a regular basis. You shall be responsible for familiarising yourself with the content of the Service at any time (including the "House Rules", and our "Privacy Policy".)

3. Compliance With Laws

Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances and that you are solely responsible for verifying and complying with the law in any jurisdiction that applies to you before registering. The Service is directed only towards users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that you comply with all applicable laws, statutes and regulations in relation to your use of the Software and the Service. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or this Service by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Service 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.

4. Information Technology/Intellectual Property

(i) The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the computer programs downloadable from the Site (the "Software") and all content derived from the Software, including, but not limited to, the copyright and all intellectual property rights therein, in connection with the Service 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 Service through a computer of which you are the principal user. The Software's code, structure and organization are protected by intellectual property rights. You must not:

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

(ii) The terms Pacific Poker and 888 and any other trade marks, service marks and/or trade names used by the Company on the Site from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other 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 the Company or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, the Software and the Site you obtain no rights in the Trade Marks or the Site Content and must not use them without the Company's prior written consent.

5. Your Representations and Undertakings

In consideration for the rights granted to you to use the Service and the Software, you represent, warrant, covenant and agree that:

(i) You are at least 18 years old, or the age of legal consent for engaging in gambling activities under the laws of any jurisdiction that applies to you, whichever is greater, you are of sound mind and you are capable of taking responsibility for your own actions.

(ii) All the details contained in your Registration Form as submitted or any details given when making a deposit to the Service are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive revenues in your account. You will promptly notify us of any changes to those details. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the Software or the Service, in addition to any other action that we may choose to take. You hold only one account on the Site.

(iii) You shall not allow any third party to use your account, password or identity to access or use the Service or the Software and you shall be responsible for any activities undertaken on your account by a third party. You will not reveal your user name or password to any person or use any other person's account, password, identity or means of payment to access or use the Service or the Software. You shall not allow any person under the age specified in 5(i) above any form of access to the Service or Software. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account, password or identity so that we may inspect your account.

(iv) You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to you.

(v) You fully understand the methods, rules and procedures of the Service 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.

(vi) You are fully aware that there is a risk of losing money when gambling by means of the Service and that you are fully responsible for any such loss. You agree that your use of the Service is at your sole option, discretion and risk.

(vii) You acknowledge that in registering and using the Service you have to provide us with certain personal details about yourself (including details regarding your methods of payment). We may disclose certain of these details to third parties, as set out in our Privacy Policy. You consent to this and to the terms of our Privacy Policy.

(viii) You shall use the Site, the Service and the Software in accordance with the terms and conditions of this Agreement, as amended from time to time and you shall abide by the rules and instructions for playing the games that comprise the Service and the House Rules.

(ix) You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax of other levy that may be payable on any winnings paid to you.

(x) You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Service.

6. Prohibited Uses of the Site and Service

(i) Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Site is not illegal and that you will not use the Service in any way as a money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you (in particular, the laws of Gibraltar). 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 Service 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 to you any funds that may be in your account. In addition to terminating your access to the Service 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 and you will cooperate fully with the Company to investigate any such activity.

(ii) Circumvention:: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Service or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company's security measures. If, in the Company's sole discretion, you are in breach of this clause, the Company may terminate your access to the Service immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.

(iii) 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. 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 and their account may be terminated immediately. 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 behaviour, 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.

(iv) Artificial Intelligence - Robots: You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence ("AI Software") in connection with your use of the Service. We constantly review the use of the Service in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Service to the offending user, terminating such user's account and seizing all monies held in such account.

7. Your Account

(i) Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.

(ii) We take no responsibility for any third party access to your account and 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 and all transactions where your user name and password has been entered correctly will be regarded as valid, whether or not authorised by you.

(iii) Monies held in your account shall not attract any interest.

(iv) Should you fail to use your account for six months your account will be considered a dormant account. The six-month period will run from the date of your last login to your account. In the case of a dormant account, the Company will levy a monthly administration fee at a rate of 10% of the balance in the account on the date that it became dormant, starting from the last day of the sixth month in which the account is inactive and occurring on the last day of every month thereafter, until the account is closed in accordance with clause 16 below. The administration fee will be debited on the last day of the sixteenth month in which the account is inactive but will be waived if accounts are re-activated prior to the fee actually being debited.

(v) The Company may, at any time, set off any positive balances on your account against any amount owed by you to us.

(vi) We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account.

8. Payment Transactions and Payment Fraud

(i) Each user is fully responsible for paying all monies owed to the Company. In respect of any payment made by you, you agree that you will not make any charge-backs, and/or deny or reverse any such payment and 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. The Company may, at its sole discretion, cease to provide the Service or payment to certain users or to users paying with certain credit cards.

(ii) We reserve the right to run credit checks on a user, with third party credit agencies, on the basis of the information provided to us on registration.

(iii) We reserve 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. 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.

(iv) In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We 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 liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.

(v) All payments into your Pacific Poker account must be from a single payment source, such as a credit card, debit card or charge card, on which you are the named account holder.

9. Bonuses

10. Obligations of the Company

(i) The Company has no obligation to check whether users are using the Service in accordance with this Agreement or the House Rules, as updated from time to time.

(ii) Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a player against any other player using the Service or to take any other 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 behaviour or otherwise violating the terms of this Agreement, but is under no obligation to do so.

(iii) 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.

11. NO WARRANTY

(I) THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS". WE MAKE 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 SERVICE OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGUALTIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.

(II) WE MAKE NO WARRANTY THAT THE SOFTWARE OR SERVICE 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 SERVICE.

(III) IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICE OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

(IV) 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.

12. Limitations of Liability

(i) You agree that you are free to choose whether to use the Service and do so at your sole option, discretion and risk.

(ii) We shall not 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, or any third party's, use of the Software or the Service, 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).

(iii) We shall not 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 Site. We are not responsible for the content of any linked sites.

(iv) You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Service.

(v) 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.

(vi) You agree that, in the event that the Software or Service 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 Site or its contents or any error or omission in content or any other factors beyond our control:

1. we will not be responsible for any loss, including loss of winnings, that may result; and
2. 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, at 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.

13. Breach of these terms and conditions

i) You agree to fully indemnify, defend and hold us and our suppliers 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:

1. of any breach of this Agreement;
2. violation by you of any law or the rights of any third party;
3. use by you of the Service or Software or use by any other person accessing the Service or Software using your user identification, whether or not with your authorization; or
4. acceptance of any winnings.

14. Payment Disputes

Each user is fully responsible for paying any and all monies owed by it to other users and/or the Company. Any claim which a user may have for payment of winnings to it in respect of losing bets placed by another user are against that other user, not the Company. The Company is in no way responsible to pay you if any player fails to pay for whatever reason, or for taking any action whatsoever against such players. Each player is fully responsible for paying all monies owed to any other player using the Service and you assume all risks of receiving payment from other players. All disputes that arise between players, including those relating to payment fraud, are not the responsibility of the Company.

15. Duration and Termination

(i) This Agreement shall come into force immediately upon clicking upon "Accept" and shall continue in force unless and until terminated in accordance with its terms.

(ii) We may terminate this Agreement and your account (including your username and password) immediately without notice:

1. if for any reason we decide to discontinue to provide the Service;
2. if we believe that you have breached any of the terms of this Agreement;
3. if your use of the Service has been in any way improper or breaches the spirit of this Agreement; or
4. for any other reason we see fit.
   Save for as otherwise provided, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.

1. discontinue the use of the Software and the Service;
2. pay all amounts due and owing to the Company; and
3. remove the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.

16. General

(i) We reserve the right to modify or terminate the Service or elements of the Service at any time, without notice, and we will not be liable to you as a result of any such action.

(ii) 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.

(iii) 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.

(iv) Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.

(v) 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.

(vi) This Agreement contains the entire agreement between you and us relating to the Service and supersedes any and all prior agreement between you and us. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.

(vii) We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

(viii) You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

(ix) In this Agreement, "you" or "your" or "player" or "user" means any person who uses the Service or the Software under this Agreement. Unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

(x) 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 any amounts standing to the credit of your account.

17. Gibraltar Gaming Regulations

The Company is regulated by the laws and interactive gaming regulations of Gibraltar. You acknowledge that the Company may be bound to disclose certain information about you and your account to the Gibraltarian authorities pursuant to such laws and regulations.

18. Chat Feature

The Company reserves the right to review the chat facility in relation to any game on the Site and to keep a record of all statements made on such facility. In the event that you use the chat facility on the Site you shall be bound by the following rules:

(i) Users shall not make statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.

(ii) Users shall not make statements that are abusive, defamatory or harassing or insulting to other Users.

(iii) Users shall not make statements that advertise or promote any other online entities.

(iv) Users shall not make statements about the Company or the Site or any other Internet site connected to the Company that are untrue and/or malicious and/or damaging to the Company.

In the event of your breaching any of the above rules, the Company shall have the right to immediately terminate your membership. Upon such termination the Company shall refund to you any funds which may be in your account over and above any amount which may be owing to the Company at such time (if any).

19. Language Discrepancies

In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.

20. Governing Law

This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Gibraltar and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Gibraltar to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.

PLEASE PRINT OFF AND RETAIN A HARD COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.