Adult users of all skill levels who are situated in North America can download the proprietary gaming software needed to participate in poker tournaments and to play online interactive games of poker for real money at www.FullTiltPoker.com.
- Before you can participate in any poker tournaments or play any games of poker, you must register an account with us in accordance with the procedures set out below.
- The money with which you pay for gaming transactions will be deposited with and held by us pending the outcome of the poker tournaments in which you participate and the poker games in which you play.
- We provide for you to access a virtual poker card room service which is operated on our behalf by a business associate (which itself is a licensee of the AGCC).
1.1.1. the content, materials, information, documents, graphics and images made available on or from the Website (the “Content”);
1.1.2. the uploading by you of content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) on the Website (“Postings”);
1.1.3. the software that can be downloaded from the Website (“Software”);
1.1.4. your participation in poker tournaments and the playing of online interactive games of poker for real money on the Website (“Games”).
1.2. You may not view the Content, upload any Postings, download the Software, participate in or play any of the Games unless you represent and warrant that each time you access the Website:
1.2.1. you are at least 18 years of age, or of at least the minimum permitted age for participating in such activities if you are situated in a state, province or commonwealth that stipulates a minimum age restriction that is greater than 18 years;
1.2.2. it is legal to do so from where you are situated.
1.3. You acknowledge and agree that:
1.3.1. nothing available or accessible from the Website constitutes gaming advice or any other type of advice;
1.3.3. you view the Content, upload Postings, download Software and play the Games entirely at your own risk;
1.3.4. you may only access our servers to participate in and to play the Games using a unique player ID (“Player ID”) and password (“Password”) chosen and to be kept secret by you;
- having registered an account, you allow it to remain dormant for 5 years; or
- we decide to freeze your account for security reasons; or
- we suspect that money credited to your account is or may become subject to a chargeback;
we may seize and you will forfeit any money standing to the credit of that account. If we do, that money may be donated to a charity of our choosing and / or dealt with in accordance with our internal procedures and any regulatory requirements. It may also be used to reimburse any chargeback amounts and expenses incurred by us or our associate(s) in paying to third party payment processors their fee for processing the account;
2.1.1. a licence to view, use, print and download Content from the Website for your private personal use only;
2.1.2. a licence to upload Postings to the Website for your private personal use only;
2.1.3. a licence to download, install and use the Software and to participate in and to play the Games for your private personal use.
2.2. You acknowledge and agree that:
2.2.1. none of the Licences are exclusive to you and you may not transfer your rights under any of them to any one else;
2.2.2. we may revoke or terminate any or all of the Licences and any of your rights under any of them at any time and for any reason, upon reasonable notice to you;
2.2.3. upon termination of any of the Licences you must immediately;
- cease participating in and playing the Games;
- delete the Software;
- remove any Postings; and
- destroy all Content that you have printed or downloaded.
3.1.1. not to copy or reproduce the Content, Software or Games in any way or for any reason except with our prior written permission or where such copying or reproduction is incidental to normal use of the Content, Software or Games in accordance with the Licences;
3.1.2. not to make alterations to, or modifications of, or create derivative works using the whole or any part of the Content, Software or Games, nor to permit the Content, Software or Games or any part of them to be combined with, or become incorporated in, any other content, software or games;
3.1.3. not to copy, reproduce, store or include any of the Content, Software or Games in any other website or public or private electronic retrieval system or service other than with our prior written consent;
3.1.4. to the extent that you have printed or downloaded any Content in accordance with the Licence at clause 2.1.1:
- not to use any of the graphics or images that form part of the Content separately from the corresponding text;
- to ensure that our copyright and trade mark notices and any legends, displays and designations in connection therewith appear in all copies and reproductions;
3.1.5. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
3.1.6. not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing;
3.1.7. not to provide or otherwise make available the Software (in whole or in part and including but not limited to program listings, object and source program listings, object code and source code);
3.1.8. not to disclose your Player ID or Password nor to allow any other person access to your account with us or to participate in tournaments or to play the Games using your account;
3.1.9. not to use the Software, participate in or to play the Games via any communications network or by means of remote access, except as expressly permitted herein;
3.1.10. to immediately notify us by email to [email protected], if you suspect that the Content, Software or any Postings infringe the intellectual property rights of any other person;
3.1.11. to ensure that you only play the Games when you are situated in a jurisdiction from where it is legal to do so;
3.1.12. not to access the Website if you are situated in a jurisdiction where it is illegal to do so.
INTELLECTUAL PROPERTY RIGHTS
4.1. You acknowledge that all intellectual property rights in the Content, Software and the Games anywhere in the world are owned by us or the relevant licensors and are or may be protected by copyright, trademarks, service marks, patents and other proprietary rights and protections.
4.2. You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
4.3. The integrity of this Software is protected by technical protection measures (“TPM”) so that the intellectual property rights, including copyright, in the Software of the relevant licensor are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
4.4. We reserve the right to remove any or all of the Content, Software and Games from the Website if we suspect that they infringe another person’s intellectual property rights.
4.5. We reserve the right to terminate the account of any person we suspect to be guilty of uploading any Posting which infringes another person’s intellectual property rights.
Unless otherwise required or directed by the AGCC in accordance with the relevant provisions of the Alderney eGambling Regulations 2006, all decisions regarding the opening, maintenance and closing of players' accounts rests with us or our agents or sub-contractors and any decisions we take regarding any aspect of the Software, your participation in or the playing of the Games or any aspect of a player's account (including without limitation whether you have engaged in any prohibited activities) is final.
VISITOR MATERIAL AND CONDUCT
6.1. By submitting to us or uploading any content or materials for use on the Website as a Posting, you grant to us and our designers a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, publicly perform, publicly display digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world and the right to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
6.2. You represent and warrant to us that you are the legal owner of all content and materials submitted to us or uploaded for use on the Website as a Posting and that you are entitled to and / or have obtained all necessary consents, permissions and authorities to grant us the licence under clause 6.1.
6.3. Other than personally identifiable information, which is covered under our Privacy Statement, any content or materials that you submit to us or upload for use on the Website as a Posting shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to it.
6.4. You are prohibited from submitting to us or uploading content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) for use on the Website as a Posting, and from transmitting or distributing to, from, or on the Website any Content:
6.4.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, threatening, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
6.4.2. for which you have not obtained all necessary licences and/or approvals; or
6.4.3. which constitutes or encourages conduct that would be considered a criminal offence, which would or might give rise to civil liability, or which is or might otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
6.4.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
6.4.5. which contains any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation other than as permitted under the next clause or with our written permission.
6.5. In interactive areas of the Website you may as part of a Posting, where appropriate:
6.5.1. list, along with your name, address and email address, your own website’s URL; and
6.5.2. recommend third party websites, goods or services, as long as you have no financial interest in and receive no direct or indirect benefit from any such recommendation.
6.6. All content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) submitted to us or uploaded for use on the Website as a Posting must be accompanied by your real name and must not be made anonymously.
6.7. You must not under any circumstances:
6.7.1. misrepresent your identity or affiliations with any person or entity; or
6.7.2. solicit anyone using data obtained from the Website; or
6.7.3. misuse the Website (including, without limitation, by hacking).
6.9. We have not reviewed, do not monitor and are not responsible for content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) uploaded on the Website by other persons and we reserve the right to delete any of it at any time, for any reason and without your permission.
LINKS TO THIRD PARTY CONTENT AND WEBSITES
7.1. Third party content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) may appear on the Website or be accessible from the Website via links to other websites (“Third Party Content”). Such Third Party Content or the presence of such links are provided solely for your convenience. If you click on any of the links, you leave the Website.
7.2. We are not responsible for and assume no liability for any infringement, mistakes, negligence, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the materials, content, statements, opinions or representations contained in any Third Party Content. You understand that we do not endorse any Third Party Content nor does it necessarily reflect our opinions or beliefs. If you decide to access, use or rely upon any of the Third Party Content you do so entirely at your own risk.
7.3. You may create links to the home page of the Website provided that you link to, but do not replicate, that home page, and subject to the following conditions:
7.3.1. you have first given us notice of such link by sending an email to [email protected];;
7.3.3. you do not create a frame or any other browser or border environment around the Website;
7.3.4. you do not in any way imply that we are endorsing any products or services other than our own;
7.3.5. you do not misrepresent your relationship with us nor present any other false information about us;
7.3.6. you do not otherwise use the Full Tilt Poker name and/or any related trading name or trade marks displayed on the Website without our express written permission which you can request for sending an email to [email protected]. We may then notify you whether we agree to your request or the terms on which we might negotiate and agree to in the exercise of our sole discretion.
7.3.7. you do not link from a website that is not owned by you; and
7.3.8. your website does not contain any content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) that:
- infringe any intellectual property or other rights of any other person;
- is inaccurate, mistaken, negligent or that amounts to a misrepresentation or a misstatement of law;
- is defamatory, slanderous, libellous, inaccurate, obscene, pornographic, threatening, distasteful, offensive or controversial;
- does not comply with all applicable laws and regulations.
7.4. You may not create any link to any page other than the home page of the Website without our written permission which you can request by sending an email to [email protected]. We may then notify you whether we agree to your request or the terms on which we might.
REGISTRATION AND DEPOSITS
8.1. You are required to register with us and create an account to access certain sections of the Website.
8.2. When registering for an account with us you must provide us with evidence (in a form acceptable to us):
8.2.1. of your identity and place of residence; and
8.3. You represent and warrant that all information and evidence provided to us is accurate and complete and you undertake to notify us immediately if there are any changes to that information or evidence.
8.5. You must make deposits only in US dollars at our bank account as notified from time to time.
8.6. You may deposit up to a maximum of $600 per day or $1,500 per week or $2,000 in any 30 day period unless we notify you otherwise.
8.7. You may place restrictions on your account for a period ranging from 24 hours to 180 days. Such restrictions will allow you to log in to your account and to withdraw money but will not allow you to play Games for real money during the selected period. You may also request closure of your account and the return of any money standing to the credit of your account at any time after any Games in which you are participating or playing have ended.
8.8. We process all deposits and withdrawals in US dollars. Where an exchange rate applies it will be set and applied by your bank or credit card company.
8.9. We do not extend credit to any of our players and you may not participate in or play the Games unless and until you have deposited sufficient funds in to your account. We do not allow accounts to become overdrawn and if your account balance is less than the minimum buy-in for a selected Game, you will not be permitted to sit at the table.
8.10. In the event that there is a loss of connectivity whilst you are participating in or playing a Game, the Connection Status window will load with the text: Trying Again. The card deck is animated back and forth. If you are unable to reconnect, the Connection Window will close. The tables will set the player "sitting out" with the "Deal Me In" button presented. The buy-in amount will decrease or stay the same depending on the situation of the last hand.
8.11. Where we consider there to have been a system failure affecting a tournament or a Game which prevents the tournament or Game from completing, we will declare that tournament or Game void and any outstanding stake will be returned to your account.
PROFESSIONAL ETHICS NOTICE
If you are a professional participating in any aspect of this Website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the rules of professional conduct of the jurisdictions where you are licensed (the “Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of your profession, and misrepresentations of fact. We exclude all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on the Website, including but not limited to the message boards, that you will not offer professional advice, but will only provide general information.
The Software and the Games are intended solely for your personal use. Commercial use of the Software is strictly forbidden without our prior written permission. You are only allowed to participate in and to play the Games for your personal entertainment. Under no circumstances are you permitted to use your real money account with us for any purpose other than for participating in or playing the Games. You are responsible for verifying the laws which govern your access to the Website, participation in and playing of the Games or use of the Software in order to determine any restrictions that may apply and to act in accordance with them. You must provide full and truthful information regarding your legal name and identity when such information is requested by us. You may not have more than one account with us. Violators of this rule are subject to an account review, which may result in the suspension or termination of all your accounts.
Collusion between players by sharing hole cards or by other methods, including chip dumping or talking about a hand before action is completed, is strictly forbidden. We reserve, in addition to other measures, the right to restrict seating and/or to prohibit you from participating in a particular tournament or playing a particular Game, including restricting two or more players from playing together at the same table or in the same tournament. Additionally, you must act in accordance with those policies against fraud and collusion as stated on the Website and which can be viewed from www.fulltiltpoker.com/fraud_collusion_policy.php .
10.3. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPAs)
We prohibit the use of external player assistance programs (EPA programs) which are designed to provide an "unfair advantage" to players. EPA programs include computer software (other than the game client provided by us), and non-software-based databases or profiles (e.g., web sites and subscription services). In this clause 10.3 an "unfair advantage" is gained where a player accesses or compiles information on other players beyond that which the player has personally observed through the player's own game play.
10.4. AUTOMATIC PLAYERS (BOTS)
10.4.1. 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 you must be executed personally by you through the user interface accessible by use of the Software.
10.4.2. You agree that we 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 our Software on your computer.
For further information, see the Prohibited Program Policy for a detailed description of prohibited software, which can be viewed from www.fulltiltpoker.com/prohibited_programs.php.
10.5. FRAUDULENT BEHAVIOUR
PROHIBITED LANGUAGE OR CONTENT
11.1. OFFENSIVE LANGUAGE OR CONTENT
You are prohibited from submitting to us or making any unlawful, obscene, libelous, defamatory, threatening, or other comments, content or material that would violate any law, via the Software (online chat), online forums or in correspondence with our staff, agents or sub-contractors.
You are prohibited from impersonating any person or entity, including, but not limited to an official of our company or from falsely stating or otherwise misrepresenting your affiliation with a person or entity.
11.3. UNSOLICITED CONTENT
You are 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 our staff or other players.
11.4. ILLEGAL CONTENT
You are prohibited from posting, via the Software (online chat), online forums or in correspondence with our staff, agents or sub-contractors 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).
You 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 your account.
You are prohibited from harassing any player on our site. Such harassment may result in the suspension or termination of your account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments.
11.7. ENGLISH ONLY
All conversation at an active ring game or tournament table must only be conducted in English. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of your chat privileges.
12.2. We shall not be obliged to correct nor shall we be liable for any errors, omissions or defects that may from time to time be present or manifest themselves on the Content, Software or Games or any other content, materials, information, advertisements, services and software accessible from or made available on the Website (including without limitation any Postings).
12.3. Whilst we endeavour to ensure that the Website is normally available 24 hours a day access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable if this is the case.
12.4. We reserve the right to decline access to the Website from certain IP addresses.
You acknowledge that no part of the Content, Software or Games have been developed to meet your individual requirements.
13.1. We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive, special, consequential or incidental loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use, inability to use or the results of use of the Content, the Software, the Games or the Third Party Content, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or any third party links available from the Website or from your downloading any Content or Third Party Content.
13.2. To the extent that we shall fail to limit our liability under clause 13.1, our maximum liability shall be no greater than £100.
13.3.1. death or personal injury caused by negligence, or
13.3.2. fraud, or
13.3.3. misrepresentation as to a fundamental matter, or
13.3.4. any liability which cannot be excluded or limited under applicable law.
13.4. If your use of Content, Software, the Games or Third Party Content results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
GOVERNING LAW AND JURISDICTION
16.3. Contact details for the AGCC are as follows:
The Alderney Gambling Control Commission
St Anne’s House, Queen Elizabeth II Street
Email: [email protected]