END USER LICENSE AGREEMENT
1. Grant of License
2. No Warranties
3. Authority
4. Prohibited Uses
4.1 Software Modification
4.2 Personal Use
4.3 Collusion
4.4 External Player Assistance Programs
4.4.1 Automatic Players
4.5 Fraudulent Behaviour
5. Prohibited Language Or Content
5.1 Offensive Language Or Content
5.2 Impersonation
5.3 Unsolicited Content
5.4 Illegal Content
5.5 Begging
5.6 Harassment
5.7 English Only
6. Breach
7. Limitation Of Liability
8. Security
9. Disputes
10. Amendments
11. Governing Law
12. Severability
13. Assignment
This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and Full Tilt Poker (referred to herein as "FTP"), which owns and operates the Internet site found at www.FullTiltPoker.com (the "Site"). In addition to the terms and conditions of this Agreement, please review our Privacy Policy (http://www.fulltiltpoker.com/privacy-legal.php), which is incorporated herein by reference.
Introduction
The software that you are about to download (the "Software") is being licensed to you by Full Tilt Poker for your private personal use solely on "AS IS" basis. Please note that the Software is not for use by:
- Individuals under 18 years of age
- Individuals under the legal age of majority in their jurisdiction
You shall use the Software together with your unique Player ID ("Player ID") and unique and secret password ("Password"), chosen by and known only to you, to access the Full Tilt Poker' servers (the "Servers") in order to play the Full Tilt Poker real money or play money games and tournaments (the "Games").
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
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Subject to the terms and conditions contained herein, Full Tilt Poker grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Servers and play the Games.
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Full Tilt Poker disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to you "AS IS". Furthermore, we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected, or that the services found therein shall be free from viruses or bugs.
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Full Tilt Poker retains authority over the issuing, maintenance, and closing of players' accounts at Full Tilt Poker. The decision of Full Tilt Poker management, as regards any aspect of a player's account, use of the Software, or dispute resolution is final.
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PROHIBITED USES.
User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
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The Software is intended solely for your personal use. Commercial use of the Software is strictly forbidden without express permission of Full Tilt Poker. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her real money account with Full Tilt Poker for any purpose other than for playing the Games. Before the User plays at Full Tilt Poker, he/she is responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto. The User must provide full and truthful information regarding his/her legal name and identity when such information is requested by Full Tilt Poker. A User may not have more than one account with Full Tilt Poker. Violators of this rule are subject to an account review, which may result in the suspension or termination of all accounts.
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Collusion between players by sharing hole cards or by other methods, including but not limited to, chip dumping, talking about a hand before action is completed, or allowing multiple players to share a single account, is strictly forbidden. Full Tilt Poker reserves, in addition to other measures, the right 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. Collusion may also result in the forfeiture of your entire Full Tilt Poker balance.
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4.4 EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPAs).
Full Tilt Poker prohibits external player assistance programs (EPA programs) which are designed to provide an "unfair advantage" to players. Full Tilt Poker defines external to mean computer software (other than the Full Tilt Poker game client provided by Full Tilt Poker), and non-software-based databases or profiles (e.g., web sites and subscription services). Full Tilt Poker defines an "unfair advantage" as a User accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play.
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4.4.1 AUTOMATIC PLAYERS (BOTS).
The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a User must be executed personally by players through the user interface accessible by use of the Software.
You agree that Full Tilt Poker 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 Full Tilt Poker Software on the User's computer.
For further information, see the Prohibited Program Policy http://www.fulltiltpoker.com for detailed description of prohibited software.
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In the event that Full Tilt Poker deems that a User has engaged in fraudulent, unlawful, dishonest or improper activity while using the Software or playing the Games, including without limitation, engaging in any of the activities set forth above 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, Full Tilt Poker shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with Full Tilt Poker, seizing all monies held in the relevant Full Tilt Poker real money account, disclosing such information (including the identity of the User) to banks, credit card companies and/or any person or entity that has the legal right to such information, and/or taking legal action against such User.
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PROHIBITED USES.
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PROHIBITED LANGUAGE OR CONTENT.
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5.1 OFFENSIVE LANGUAGE OR CONTENT.
The User is prohibited from posting any unlawful, obscene, libellous, defamatory, threatening, or other material that would violate any law, via the Software (Online Chat), Online Forums or in correspondence with Company staff.
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The User is prohibited from impersonating any person or entity, including, but not limited to, a Full Tilt Poker official or falsely state or otherwise misrepresent the User’s affiliation with a person or entity.
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The User is prohibited from posting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" or any other form of solicitation via the Software (Online Chat), Online Forums or in correspondence with Company staff or other Users.
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The user is prohibited from posting, via the Software (Online Chat), Online Forums or in correspondence with Company staff, any material that contains (or provides links to) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scams).
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Users are prohibited from begging for money (real or play) while playing at or observing any of our tables. Violation may result in the suspension or termination of the player’s account.
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Harassment of any player on our site may result in the suspension or termination of the offender’s account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments.
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All conversation at an active ring game or tournament table must be conducted in English only. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of a user’s chat privileges.
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Without prejudice to any other rights, if a User fails to comply with any of the terms and conditions contained herein, Full Tilt Poker reserves the right to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with Full Tilt Poker, seizing all monies held in the relevant Full Tilt Poker real money account and/or taking legal action against such User.
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Under no circumstances, including negligence, shall Full Tilt Poker be liable for any special, incidental, 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 Software, the Games or your accessing the Site or the Servers, even if Full Tilt Poker had prior knowledge of the possibility of such damages.
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The User agrees that he/she is solely responsible for all use of the Full Tilt Poker Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
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The User accepts that the historical data of each game shall be as recorded on Full Tilt Poker' servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the server the latter shall prevail.
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Full Tilt Poker reserves the right to change this Agreement at any time, with or without notice, and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
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The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Alderney. Each party irrevocably agrees that the relevant courts of Alderney shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives 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.
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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.
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Full Tilt Poker 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.
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Last Updated 1st November 2007
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