ShenPoker Community

Terms & Condition

Definitions and General Information: The following words shall be defined as set forth below:

‘Services’ means the services offered presently by the Operator through its website. ‘Website’ means the website or any respective page, subpage, subdomain or section located or accessible via the domain name: demo.idnpoker.com. ‘Access Device’ means any electronic means of accessing the Services including, but not limited to, computers, smartphone devices, feature phones, tablet devices, touch devices or any home entertainment system such as video game consoles and smart TVs (or by any other remote means). ‘Bonus Terms’ means any terms and conditions and/or rules regarding promotions, bonuses and special offers which may apply to any part of the Services from time to time. ‘General Terms’ means the terms and conditions set out in this Terms of Use. ‘Privacy Policy’ means the Operator’s Privacy Policy. ‘Rules’ means the betting rules and game rules specifically applicable to the relevant type of betting and/or gaming.

1.Commencement of the Terms of Use

1.1. By clicking the “Accept” button, you represent and warrant that you fully

understand and agree to comply with all the terms and conditions set forth in this Terms of Use and that failure to abide by these terms and conditions may result in disqualification, forfeiture of funds, account closure and/or legal action against you by the Operator. This Agreement incorporates all guidelines or rules applicable to the Services posted on the Website as may be amended by the Operator from time to time. 1.2. The effective date of the Terms of Use is when you accept or deemed to accept

these terms and conditions. 1.3. The Terms of Use will affect your legal rights and we strongly recommend that you

read the terms and conditions in its entirety and seek independent legal advice to address any questions you may have prior to clicking the “Accept” button. 1.4. The original text of the Terms of Use are in English and any interpretation of them will be based on the original English texts. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

2.Account Opening

2.1. When you open an account with the Operator, you will be asked to provide

personal information including your name, date of birth and other appropriate contact details including your address, telephone number and email address. You can update your contact details through Customer Service. 2.2. In opening an account, you warrant that you are over 18 years of age and above

the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to you. You also warrant that gambling is not illegal in the territory where you reside and you are legally able to enter into contracts. 2.3. Your account must be registered under your correct name and personal details and it shall only be issued once for you and not duplicated through any other person, family, household, address (postal or IP), email address, Access Device or any environment where Access Devices are shared (e.g. workplace, school, public places, etc.) and/or account in respect of the Services. Any other accounts that you open or which are beneficially owned by you shall be deemed duplicate accounts. The Operator may close any duplicate accounts (but shall not be obliged to do so). If a duplicate account is closed: 2.3.1. All bonuses, free bets and winnings accrued from such bonuses and free bets

obtained using that duplicate account will be void and forfeited. 2.3.2. The Operator, at their discretion, may void all winnings and refund all

deposits made by the duplicate account and, to the extent not recovered by the Operator the relevant duplicate account, any amounts to be refunded to the Operator by you in respect of a duplicate account may be recovered by the Operator directly from any other of your accounts including the duplicate accounts. 2.3.3. The Operator, at their discretion, may allow usage of the duplicate account

to be deemed valid in which case all losses and stakes placed by you or for you through the duplicate account shall be retained by the Operator.

3.Verification of Identity

3.1. You warrant that the name and address you supply when opening your account

are correct and you are the rightful owner of the money which you, at any time, deposit in your account. 3.2. Minors are not allowed to make use of the Website. If the Operator is unable to confirm that you are of legal age then the Operator will suspend your account until such time that the Operator is able to confirm that you are of legal age. If you are subsequently proven to have been a minor at the time you made any gambling or gaming transactions with the Operator: 3.2.1. Your account will be closed; 3.2.2. All transactions made while you were underage will be made void and all

related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable; 3.2.3. Any deposits made whilst you were a minor will be returned to you; 3.2.4. Any winnings which you have accrued during such time will be forfeited by

you and return to the Operator, on demand, any such funds which have been withdrawn from your account.

4.Account Security

4.1. After opening your account, you must take all reasonable steps to avoid disclosing

(whether deliberately or accidentally) your username, password and/or account number to anyone else. 4.2. All transactions made where your username, password, and/or account number

have been entered correctly will be regarded as valid, whether or not authorized by you, and we shall not be liable for any claims in the event that you disclose your username, password, or account number to anyone else (whether deliberately or accidentally). 4.3. If you have lost or forgotten your account details or have reason to believe that

such details are known to an unauthorized third party, please contact the Operator immediately through Customer Service. 4.4. To maintain a high level of security, the Operator reserves the right to conduct a

security review at any time to validate your identity, verify your financial transactions and further document your consent to this agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Operator, in its sole discretion, deems necessary. If you fail to comply with any security request, the Operator reserves the right to void your account. You will be notified of such verification request by email or phone and account balances will be forfeited if you fail to provide the Operator with such requested documentation and information within the time period reasonably specified by the Operator. Such request for documentation and information may include a sword affidavit of identity and eligibility, release of liability in favor of the Operator and publicity authorization. 4.5. You are solely responsible for the supply and maintenance of all of your Access

Devices and related equipment and telecommunications networks and internet access services that you need to use in order to access the Services. The Operator will not be liable in any way whatsoever for any losses (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that you have engaged in order to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third party software or hardware.

5.Forfeiture, Confiscation and Account Closure

5.1. The Operator reserves the right to void any winnings and confiscate any balance in

your account in any of the following circumstances: 5.1.1. If you have a duplicate account registered with the Operator or any of their

regional websites; 5.1.2. If the name on your account does not match the name on the credit card(s)

or other payment accounts used to make purchases at or deposits with us; 5.1.3. If you participate in one of our promotions and withdraw from the

promotion before fulfilling the requirements of that particular promotion; 5.1.4. If you provide incorrect or misleading registration information; 5.1.5. If you are not of legal age; 5.1.6. If you connect from a jurisdiction where the participation in the games is

prohibited by law; 5.1.7. If have charged back or denied any of the purchases or deposits that you

made to your account; 5.1.8. If you are found cheating or attempting to cheat, or if it is determined by the

Operator that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Website, its underlying system or the games or you are found to have colluded or attempted to collude with other players in order to defraud the Operator; 5.1.9. If you fail to comply with any of the Terms of Use.

6.Deposits and Withdrawals

6.1. You agree not to make any charge backs, reversals or otherwise cancel any

deposits into your account and to refund and compensate the Operator for such unpaid deposits including any expenses incurred by the Operator in the process of collecting your deposit. Your account shall not be used as a bank account and, should the Operator become aware of deposits into and withdrawals from your account without commensurate betting or gaming activity, the Operator reserves the right to deduct an administration charge (whether or not the Operator close or suspend the account). 6.2. The Operator is required to inform customers about what happens to the money

in your account and the extent to which such money is protected in the event of insolvency. Money deposited by you to your account will be held in a bank account and/or escrow account which will be kept separate from the Operator’s funds. Money in your account are not insured, guaranteed, sponsored or protected by any deposit or banking insurance system or by any other similar insurance system. 6.3. The Operator may, at any time, set off any positive balance on your account

against any amount you owe (including any duplicate account) to any other company within the Operator’s group (irrespective of whether there has been a breach of the Terms of Use) including but not limited to where the Operator re- settle any bets or wagers pursuant of duplicate accounts, collusion, cheating, fraud and criminal activity. 6.4. You may request withdrawal of funds from your account any time. 6.5. The Operator reserves the right to cancel your account for any reason without

prior notice pursuant to these terms and conditions. If you do not log in to your account for a period of 180 consecutive days your account will be tagged as inactive and may be closed and the entire account balance will be deemed abandoned. Such requirement to log-in does not constitute any requirement to play any game, deposit funds, or participate in any activity at our website other than logging in. 6.6. You may only use complimentary or bonus amounts credited into your account by

the Operator for promotional purposes, for play in the games. You are not entitled to and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering. The Operator reserves the right to reclaim any bonus amounts paid into your account if you do not use them within the period of time specified.

7.Use of the Website

7.1. Access to, or use of the Website or any of the Services via the Website may not be

legal for some or all residents of, or persons in certain countries. The Operator does not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal. The fact that the Website is accessible in any country, or appears in the official language of any such country shall not be construed as a representation or warranty of the legality and otherwise of the access to and use of the Website, and the deposits or receipt of any winnings from your account. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of, or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law. 7.2. It is your responsibility to determine the law that applies in the location in which

you are present. You should ensure that you will be acting legally in your jurisdiction in opening your account and/or using the Website. 7.3. You may only access the website if you are 18 years of age and over and it is legal

for you to do so according to the laws that apply in the jurisdiction from where you are connecting to this website or you are of legal age in the jurisdiction from where you are connecting from. You agree and acknowledge that the Operator has no duty to provide you any legal advice or assurances with respect to the

applicable laws governing your right to participate in the games and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to play the Games. By playing the games, you represent and warrant to the Operator that you are in compliance with applicable laws and have legal right to play the games. Participation in the games is void for whomever and wherever prohibited by law. Residents of the United States of America and all her territories, Denmark, France, Spain, Romania (WL and SSA combined), Armenia, Lebanon, North Korea, Iran, Hungary, Portugal, Germany, Ukraine, Ireland, Netherlands, Lebanon, Singapore, United Kingdom, Serbia, Poland, Czech Republic, Portugal, Italy, Estonia, Belgium, Hungary, and the Philippines are not permitted to play the games. An account open by any resident of these countries is a breach of the Terms of Use and the Operator will close such account subject to the terms and conditions in this agreement. 7.4. The Operator reserves the right to run and utilize a shared table, server and

database platform which enables players to play with other regional websites into the same shared platform. Players may be pooled into common tables regardless of which regional website they belong in. In such event, you agree that you may be pooled into these common tables, at the Operator’s sole discretion, and to the extent that you breach the terms and conditions of a regional website, the Operator has the right to restrict you from accessing the entire system. You agree further that your play patterns, personal data, depositing limits and history may be calculated and shared across the system to counter fraud, over- depositing and other matters, as the Operator shall decide in its sole discretion. 7.5. Under no circumstances should you use the Services for any purpose which is or is

likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to you. 7.6. You shall use the Website for personal entertainment only and shall not be

allowed to provide access or reproduce the Website or any part of it in any for whatsoever without the Operator’s consent, including creating links to it. 7.7. The Website uses ‘cookies’ to track your use of the internet and to assist the

functionality of the Website. A cookie is a small file of text which is downloaded onto your Access Device when you access the Website and it allows the Operator to recognize when you come back to the Website. The Operator use cookies for the operation of the Website, including (for example) to allow you to remain logged in as you browse between, and use your Account to bet on or play games on, different parts of the Website. The Operator also use cookies for their own

analytical purposes so that they can identify where customers have encountered technical problems on the Website, and therefore help the Operator improve their customers’ experience. 7.8. If you object to cookies or want to delete any cookies that are already stored on

your Access Device, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies on your file management and internet browsing software. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.

8.Changes and Alteration to the Game Platform and Website

8.1. In the event that there are changes to be done to the game platform, the following

policies will apply: 8.1.1. All real money balances will be retained and secured, all balances will

remain unchanged and transferred to the new poker platform. 8.1.2. Announced guaranteed tournaments will be retained and will run on the

announced date. In the event that the transition prevents the use of the system on the dates of the Guaranteed Tournament, it will be rescheduled on nearest date of the same original day (Saturday, Sunday… etc.) 8.1.3. All tournament tickets/registrations will remain applicable. 8.1.4. All experience points will be transferred to the new poker platform and an

appropriate value conversion will be done if necessary. 8.1.5. All money bonuses will be transferred into the new platform as pending

bonus. The same release rate will be applied to the bonus. 8.1.6. The Operator will not be liable for any declared loss or inaccuracies of bonus

or experience points on the new platform. All calculations will be based on the information available to the Operator. 8.1.7. The Operator will not be held responsible for a change of payment solutions for cash outs. If required, players must re-apply if a new payment solution is being utilized by the Operator and perform the necessary security verification. 8.1.8. The Operator, in its sole discretion, may alter or amend any product or

service (including any prizes offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment. 8.1.9. The Operator may restrict you from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.

9.Betting and Remote Gaming

9.1. When accessing the Website and playing the games, you should be aware that you

may be using a connection or equipment that may be slower than such equipment used by others and this may affect your performance in time critical events and that you may encounter system flaws, faults, errors, or service interruption. 9.2. The rules for each event or game are available and should be considered prior to

your use of the Services. 9.3. You fully accept and agree that the Operator’s random number generator (RNG)

software will determine the outcome of the games. Furthermore, in the event of a discrepancy between the result on the software and the Operator’s gaming server, the result showing on the Operator’s gaming server shall be the official and governing result of the game. Moreover, you understand and agree that the Website and Operator records shall be the final authority in determining the terms of your participation in the Games. 9.4. If you have any dispute regarding any outcome in the games or other activities on

the website, you must submit your complaint to the Operator in writing within fourteen (14) days of the incident in dispute to the Operator’s customer service. 9.5. You should not place any bets or play a game on any event until its meaning is

understood to your satisfaction. The Operator cannot accept any responsibility if you place a bet or play a game via the products offered via the Services in circumstances where you do not understand any of the terms involving or relating to the bet or game.

10.Illicit Advertising

10.1. At no time will you or any individual or organization you are affiliated with

advertise third party products or websites to fellow users via the software, chat or website without the express written permission or agreement of the Operator. The Operator reserves the right to suspend or indefinitely terminate accounts of players who misuse the Website or chat function to make statements that advertise any product, website or service that is not endorsed by the Operator.

11.Cheating, Fraud, Collusion and Criminal Activity

11.1. The following is a list of prohibited practices:

11.1.1. Chip dumping occurs when any player intentionally loses a hand in order

to deliberately transfer his chips to another player. Any player who is reasonably suspected of participating or attempting to participate in chip dumping with any other player may be permanently banned and his account

terminated immediately. 11.1.2. Grouping occurs when two or more players sharing and using their

combined knowledge to gain an advantage over other players at a table is strictly forbidden and their accounts may be banned and terminated. 11.1.3. Promotion abuse occurs when any players take any unfair advantage of

any promotion; accounts may be banned and terminated immediately. 11.1.4. Automated play occurs when there is a use of automation, bots, robots, or

artificial intelligence systems or programs that act for a player. 11.1.5. Multi Tabling occurs when a member is using multiple accounts

simultaneously on the same device to play on the same Game Type. This practice is strictly forbidden and their accounts may be banned and terminated immediately.

11.2. Prohibited practices are not permitted and will constitute a material breach of the

Terms of use. The Operator will take all reasonable steps to prevent and detect such practices to identify the relevant players concerned if they do occur. The Operator will not be liable for any loss or damage which you may incur as a result of any prohibited practices, and any action the Operator takes in respect of the same will be at their sole discretion. 11.3. If you suspect a person is engaged in any prohibited practice, you shall report it to

us through customer services. 11.4. You agree that you shall not participate in or be connected with any form of

prohibited practice.

12.Termination of Terms and Closure of Account

12.1. Provided that your account does not show that a balance is due to the Operator,

you are entitled to close your account and terminate the Terms of Use on not less than 24 hours’ notice to us at any time. 12.2. The operator will respond to your request, confirming closure of your account and

the date on which such closure will be effective, within a reasonable time, provided that you continue to assume responsibility for all activity on your account until such closure has been carried out. 12.3. When repaying the outstanding balance on your account, we shall use the same method of payment which you provided upon registration of your account, or such other payment method as we may reasonably select. 12.4. We may, in certain circumstances, be able to re-open your account with the same

account details as before if your request us to do so. In such circumstances, while your account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of re-opening and any prior entitlements including, but not limited to, bonuses or contingent winnings, will no longer be valid.

13.Third Party Software

13.1. In order to use the products offered through the Services, you may be required to

download and install software supplied by third parties on your Access Device (‘Software’). Software may include, but is not limited to: Access Device applications, poker products and any promotional, marketing and/or facility applications, products and software. 13.2. In such circumstances, you may be required to enter into a separate agreement with the owner or licensor of such Software in respect of your use of the same (a ‘Third Party Software Agreement’). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between you and the Operator. 13.3. It is your responsibility to ensure that any software is downloaded onto your

Access Device in a manner compatible with your own Access Device’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your Access Device. 13.4. Notwithstanding that the Services provided via any Access Device application

shall be subject to the Terms of Use, the terms under which any application (‘App’) is downloaded or installed onto Your Access Device shall be governed by the agreement entered into between you and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between you and the Operator. 13.5. This website may contain links to other sites. The Operator does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Operator is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Operator is affiliated or associated with same. The Operator does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service. 13.6. The Operator will not be responsible for any damages you or any third-party may

suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Operator to make, or for any errors or any changes made to any transmitted, stored or received information.

13.7. Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, we will take all reasonable steps to treat you in a fair manner.

14.Errors and Omissions

14.1. A number of circumstances may arise where a bet or wager is accepted, or a

payment is made, by us in error. A list of such circumstances is as follows but not limited to: 14.1.1. Where the Operator incorrectly state any odds or terms of a bet or gaming

wager to you as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction; 14.1.2. Where the Operator have made a palpable error. A palpable error occurs

where: 14.1.2.1. In relation to bets placed prior to an event taking place, the prices/terms

offered are materially different from those available in the general market; or 14.1.2.2. In relation to any event, the price/terms offered at the time the bet is

placed are clearly incorrect given the probability of the event occurring; 14.1.3. Where the Operator have continued to accept bets on a market which should

have been suspended, including where the relevant event is in progress (except where ‘in-running’ bets are accepted) or had already finished (sometimes referred to as ‘late bets’); 14.1.4. Where an error has been made as a result of a prohibited practice; 14.1.5. Where an error is made by the Operator as to the amount of

winnings/returns that are paid to you, including as a result of a manual or computer input error; or 14.1.6. Where an error has been made by the Operator as to the amount of free bets

and/or bonuses that are credited to your account, any such circumstances being referred to as an error. 14.2. We reserve the right to:

14.2.1. Correct any error made on a bet placed and re-settle the same at the correct

price or terms which were available or should have been available through the Operator at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; 14.2.2. Where it is not reasonably practicable to correct and re-settle, to declare the

bet void and return your stake into your account; 14.2.3. In circumstances where the error has resulted from a prohibited practice.

14.3. Neither the Operator (including its employees and agents) nor its partners or

suppliers shall be liable for any loss, including loss of winnings, that results from any error by you or the Operator. 14.4. You shall inform us as soon as possible should you become aware of any error. 14.5. Where you have used money which have been credited to your account and

awarded to you as a result of an error to place subsequent bets or play games, the Operator may cancel such bets and/or withhold any winnings which you may have won with such money, and if the Operator have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for the Operator and you shall immediately repay the Operator any such amounts when a demand for repayment is made by the Operator. 14.6.

15.NO WARRANTIES, LIMITATIONS ON LIABILITY AND DISCLAIMERS

15.1. YOUR ACCESS TO OUR WEBSITE, THE CONTENT, DOWNLOAD OF THE

SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE OPERATOR SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE OPERATOR. OUR WEBSITE, THE CONTENT, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE OPERATOR DOES NOT WARRANT THE FUNCTIONS CONTAINED IN OUR WEBSITE, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF OUR WEBSITE, THE GAMES AND THE SOFTWARE LIES WITH YOU. IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES. CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF OUR WEBSITE, THE GAMES OR THE SOFTWARE, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS

NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS OUR WEBSITE. 15.2. THE OPERATOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE OPERATOR RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE OPERATOR BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE OPERATOR IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS. 15.3. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND

TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. 15.4. THE OPERATOR ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON

THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE OPERATOR IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE OPERATOR DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED. 15.5.

16.Breach of the Terms of Use

16.1. You will fully indemnify, defend and hold the Operator and its officers, directors,

employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with: 16.1.1. The access to and use of the Services by you or by anyone else using your

username and password; and/or 16.1.2. Any breach by you of any of the terms and provisions of the Terms of Use.

16.2. Where you are in breach of the Terms of Use, The Operator may, at its sole

discretion, prior to any suspension or termination of your Account, notify you (using your Contact Details) that you are in breach, requiring you to stop the relevant act or failure to act, and/or requiring you to put right an act or fault on your part and warning you of the Operator’s intended action if you do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of your Account. 16.3. The Operator has the right to disable any user identification code or password,

whether chosen by you or allocated by the Operator, at any time, if in their reasonable opinion you have failed to comply with any of the provisions of the Terms of Use. 16.4. In addition to any other remedy available, if you breach any of the Terms of Use,

the Operator shall be entitled to recover from your account any positive balance to the extent of any amount reasonably claimed against you.

17.Intellectual Property Rights

17.1. All website design, text, graphics, music, sound, photographs, video, the selection

and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are either owned by the Operator or used under license from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for your own personal, non-commercial use. 17.2. Under no circumstances shall the use of the Services grant to you any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by the Operator or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with your personal, non-commercial use of the Services pursuant to the Terms of Use. 17.3. No rights whatsoever are granted to use or reproduce any trademarks or logos

which appear on the Website except as specifically permitted in accordance with the Terms of Use. 17.4. You must not, nor must you allow any other person to copy, store, publish, rent,

license, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use. 17.5. All intellectual property rights in the name IDNPOKER, the logos, designs,

trademarks and other distinctive brand features of the Operator and any content

provided by the Operator or any third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without our prior written consent.

18.Hacking, Viruses and Other Offences

18.1. You shall not:

18.1.1. Corrupt the Website; 18.1.2. Attempt to gain unauthorized access to the Website, the servers on which the

Website is stored or any server, computer or database connected to the Website; 18.1.3. Flood the Website with information, multiple submissions or ‘spam’; 18.1.4. Knowingly or negligently use any features which may affect the function of

the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful; 18.1.5. Interfere or tamper with, remove or otherwise alter in any way, any

information in any form which is included on the Website; 18.2. The Operator will not be liable for any loss or damage caused by a distributed

denial-of-service attack, viruses or other technologically harmful material that may infect your Access Device and related equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on such Website, or on any website linked to the Website.

19.Personal Information

19.1. All information on your Account held by the Operator is a securely data

warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy). 19.2. Prior to your use of and when you use the Services it will be necessary for the

Operator to collect certain information about you, including your name and date of birth, your Contact Details, and may also include information about your marketing preferences. 19.3. By providing us with your personal information, you consent to our processing

your personal information, including any of the same which is particularly sensitive: 19.3.1. For the purposes set out in the Terms of Use; 19.3.2. For other purposes where the Operator need to process your personal

information for the purposes of operating the Services.

19.4. The Operator may retain copies of any communications that you send to them

(including copies of any emails) in order to maintain accurate records of the information that they have received from you.

20.Transfer of Rights and Obligations

20.1. The Operator reserve the right to transfer, assign, sublicense or pledge the Terms

of Use, in whole or in part, to any person without prior notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. 20.2. You may not assign, sublicense or otherwise transfer in any manner whatsoever

any of your rights or obligations under the Terms of Use.

21.Waiver

21.1. The Operator will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government. 21.2. If the Operator fails to insist upon strict performance of any of your obligations or

if the Operator fails to exercise any of the rights or remedies to which they are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 21.3. A waiver by the Operator of any default shall not constitute a waiver of any

subsequent default.

22.Severability

22.1. If any of the Terms of Use are determined by any competent authority to be

invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 22.2. In such cases, the part deemed invalid or unenforceable shall be amended in a

manner consistent with the applicable law to reflect, as closely as possible, the Operator’s original intent.

23.Modifications, Amendments and Endurement of the Agreement

23.1. The Terms of Use and any document expressly referred to in them represent the

entire agreement between you and the Operator and supersede any prior agreement, understanding or arrangement between you and the Operator, whether oral or in writing. 23.2. The Operator each acknowledge that neither you or them has relied on any

representation, undertaking or promise given by the other or implied from anything said or written in negotiations between them except as expressly stated in the Terms of Use. 23.3. Neither party shall have any remedy in respect of any untrue statement made by

the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use. 23.4. You fully understand and agree to be bound by the terms and conditions

contained herein and as modified and/or amended from time to time. The Operator reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted on the Website. It is your sole responsibility to review this agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and the Operator and supersede any and all prior agreements, representations or statements made by the Operator. 23.5. This agreement shall endure to the benefit of and be binding upon you and the Operator and their respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement and having received a copy of this agreement.

24.Responsible Gaming

24.1. For those customers who wish to restrict their gambling, the Operator provide a

voluntary self-exclusion policy, which enables you to close your Account or restrict your ability to place bets or game on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to five years. Once your account has been self-excluded, you will be unable to reactivate the account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period you will be entitled to re-commence use of the Services by contacting Customer Services or by opening a new account. 24.2. If you require any information relating to this facility please speak to Customer

Services through the Help section or view our Responsible Gaming section. 24.3. The Operator will use our reasonable endeavors to ensure compliance with self- exclusion. However, self-exclusion requires the joint commitment of both you and the Operator. During the self-exclusion period you must not attempt to try

to open new accounts and you accept that we have no responsibility or liability whatsoever if you continue gambling and/or seek to use the Website and we fail to recognize or determine that you have requested self-exclusion in circumstances which are beyond our reasonable control.

25.Law and Jurisdiction

25.1. These Terms of Use shall be governed by and interpreted in accordance with the

laws of Philippines. 25.2. The courts of Philippines shall have non-exclusive jurisdiction over any disputes

arising out of the Terms of Use.