End user agreement for Live Poker
Terms and Conditions of Use
IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT AND STORE ALONG WITH ALL TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE.
These terms and conditions constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) the website Live 3D Poker ("Live3dpoker.com"), a brand of Fun Games International N.V. and each of its officers, directors, agents, employees, consultants, suppliers, vendors and affiliated companies (collectively "Company") which Company is licensed and regulated by the Government of Curaçao.
1. Applicability of Terms and Conditions.
By clicking on the "Accept" or "Continue" button, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions (including all posted guidelines or rules applicable to our service which guidelines and rules are hereby incorporated into this Agreement), and that failure to abide by these terms and conditions may result in disqualification, Account closure, forfeiture of funds and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to clicking on the "Accept" or "Continue" button.
2. Registration and the Games.
To play at Live 3D Poker, you will need to first register for an Account ("Account") by choosing a unique Account Name and password and entering other information such as your first and last name, address, email and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering at Live 3D Poker, you will be able to access both play money games and tournaments ("Play Money Games" or “Play for Free Games”) and real money games and tournaments ("Real Money Games" or “Play for Real Money Games”), collectively the Live 3D Poker games ("Games").
3. Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted poker rules and procedures as specifically set out in the Games Section of the Live 3D Poker website, as well as other sections of the Live 3D Poker website and Software, including but not limited to How to Play, Table Stakes, Tournaments, and Disconnection and All-in Policy, and any other page that governs any particular event, game or tournament, all of which are specifically incorporated herein by way of reference.
4. Limited Use.
You agree to keep your Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to play the Play Money Games and you may play the Play Money Games without betting money. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Live 3D Poker to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of Live 3D Poker is strictly prohibited.
5. Legality of Participation in Games.
You may only participate in the Games if you are over 18 years of age and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have complete legal right to play the Games. Participation in the Games is void for whomever and/or wherever prohibited by law.
6. Artificial Intelligence.
We are committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on our site. Such programs are often designed to send information about cards, dice or players to an external program. Information sent to an outside program is not permitted. The company will take measures to prevent and detect the use of such programs using methods including but not limited to screen scraping or reading the list of currently running programs on a player’s computer.
8. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent of Company or one of its affiliated or subsidiary companies, or suppliers or vendors, you are not permitted to register with Live 3D Poker or to participate directly or indirectly in any of the Games (each an “Unauthorised Person”). Similarly, relatives of Unauthorised Persons are not permitted to register with Live 3D Poker or to participate directly or indirectly in any of the Games. For these purposes, the term “relative” shall mean spouse, partner, parent, child or sibling. Any person found to have violated this section will not be entitled to collect any winnings.
9. Copyrights and Trademarks.
The terms L3DP, Live3dpoker.com, Live 3D Poker and Live3DPoker are the trademarks, service marks and/or trade names of Company. Further, all material on Live 3D Poker, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games belongs to Company or an affiliated entity of the Company and is protected by copyright law. You obtain no right to use such terms, graphics, text, concepts or methodologies, by using Live 3D Poker and the materials contained therein and/or herein.
You may install and use the computer programs ("Software") available from Live 3D Poker on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for your own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which you are the primary user. The Software is owned by Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of Company and its licensors. The Software is protected by copyright law and International Treaty provisions, and you obtain no rights to the Software except to use it in accordance with this Agreement. You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part thereof or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by Company solely for the purpose of enabling end users of the Software to fully utilize the Games. You may use the Software for online play only on Company's servers. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others, except for your own use to play online via Company's servers. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
11. Shared Games, Table and Database Platform.
Company reserves the right to run and utilize a shared table, server and database platform ("Shared Game/Table Platform") which enables players from Live 3D Poker to play with players coming into the games, tables and tournaments from other sites and brands to the same Shared Game/Table Platform so that the players may be pooled into common game/tables regardless of which site or brand they may have entered from. In such event, you agree that you may be pooled into these common game/tables, at Company's sole discretion, and that to the extent that you breach the terms and conditions of one site or brand, Company may have you blocked, in part or full, from the entire system so that you may not play through any site or brand. Further 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 Company shall decide in its sole discretion.
12. Play Money and Real Money Account Funding.
Play money funds are kept separate from bona fide (real) money funds and are not transferable or exchangeable within an Account. Further, such play money funds have no value in and of themselves and are non-transferable nor redeemable for any bona fide currency. To play the Real Money Games, you will be required to deposit bona fide funds into your Account by any of the methods specified at Live 3D Poker, which may change from time to time in Company's sole discretion. Generally, said funds will be promptly deposited into your Account upon actual receipt of funds by Company and/or its agents. Minimum and maximum limits apply to deposits depending upon your history with Live 3D Poker, the method of deposit, and other factors as determined solely by Company. Company is not a bank and funds are not insured by any government agency. Company is not a bank and funds are not insured by any government agency. All funds will be paid, tracked and maintained in United States Dollars, except as otherwise stated, and shall not bear interest.
Complimentary or bonus amounts credited by Company, if any, into your Account for promotional purposes may only be used to play in the Games and you are not entitled to withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are by way of reference specifically incorporated herein. Further, Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified.
14. Cash Outs.
Your account balance ("Account Balance") is the amount of real money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you or amounts forfeited or reclaimed by Company. Except as otherwise required by each deposit method, bonus restriction or our security team, you may request to cash out and withdraw any or all of your Account Balance at any time and there is no requirement to play the Games in order for you to make such request. All amounts cashed out are subject to the transaction limits and processing fees as set forth at Live 3D Poker and may change from time to time in Company's sole discretion. Further, Company may report and withhold any amount from winnings as required by law, and in any event, all federal, state and local taxes due in connection with any winnings awarded to you are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed out shall be made by check, wire, credit card and/or any other manner which Company selects in its sole discretion. Payments will be made as promptly as possible, subject to any reasonable necessary security reviews by Company.
15. Electronic Service Provider.
As stated, in order to play the Real Money Games, you will be required to financially transact with us, i.e., to send and receive money with us. Company reserves the right to sub contract and use third party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you irrevocably authorize us, as necessary, to instruct such ESPs to handle Account deposits and cash outs from your Account and you irrevocably agree that Company may give such instructions on your behalf. Further, you agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between this Agreement and the ESP's terms and conditions, then this Agreement shall prevail.
16. Security Checks and Review and Releases.
To maintain a high level of security, Company 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. As such you authorize us and our agents to make any inquiries with any third party we and they consider necessary to validate the information you provide to us. This may include ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security checks, you agree to provide such identification or other information or documentation as Company, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Company reserves the right to void your Account. You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.
17. Abandonment of Account Balance.
The Company reserves the right to cancel your Live 3D Poker Account for any justifiable reason whatsoever at any time without notice to you. If you do not access your Live 3D Poker Account by "logging in" to your Account by using your AccountName and password for a period of one hundred and eighty (180) days, your Account will be closed and the entire Account Balance will be deemed abandoned and forfeited; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game, deposit funds or participate in any activity at Live 3D Poker other than logging in. For the avoidance of doubt, pursuant to this section, Company may also close any Account with any ESP which you have.
18. Forfeiture, Account Closure and Confiscation.
Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Live 3D Poker Account (and any ESP Account or Company related Account including other websites and casinos owned or operated by Company) in any of the following circumstances:
i If you have more than one active Account at Live 3D Poker;
ii If the name on your Live 3D Poker Account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at Live 3D Poker;
iii If you participate in a Live 3D Poker promotion and withdraw before fulfilling the requirements of that particular promotion;
iv If you provide incorrect or misleading registration information;
v If you are not of legal age;
vi If you connect from a jurisdiction where participation in the Games is prohibited by law;
vii If you have "charged back" or denied any of the purchases or deposits that you made to your Account;
viii If you are found cheating or attempting to cheat, or if it is determined by Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other players of Live 3D Poker in order to defraud the Company;
ix If you have allowed or permitted (intentionally or unintentionally) someone else to use your Account;
x If you fail to comply with any of the terms and conditions set forth in this Agreement; OR
xi If Company should become aware that you have played at any other online gaming site under any of the circumstances set out at i) to x) above.
19. Disclosure to Third Parties.
You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your AccountName and password to another person, and such disclosure results in a third party participating in the Games using your AccountName and password, such participation shall be valid, and you will not be refunded any resulting losses at Live 3D Poker, regardless of whether or not the third party had your consent or not. The Company shall not be required to maintain AccountNames or passwords if you misplace, forget, lose, or are otherwise unable to enter Live 3D Poker because of anything other than Company's error.
You agree to hold Company, its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your entry, use, or reuse of Live 3D Poker, participation in the Games, or acceptance of any cash payoff.
21. Suspension, Modification, Removal and Addition of Games.
The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, Company will not be liable.
22. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated in the chat boards, multi-player Games or with Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by Company to ensure compliance.
23. Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have cheated or attempted to defraud the Games, Live 3D Poker or Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to Company's operation in any media or forum, Company reserves the right to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, Company may close any Accounts, and forfeit Account balances, that you have at Live 3D Poker or at any other Company website, casino and/or business.
24. NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO LIVE 3D POKER, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. LIVE 3D POKER, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN LIVE 3D POKER, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF LIVE 3D POKER, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF LIVE 3D POKER, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS LIVE 3D POKER. THE COMPANY 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 LIVE 3D POKER, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL COMPANY 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, COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
25. Settlement of Disputes.
You fully accept and agree that the random number generator ("RNG") software will determine the outcome of the Games. Further, in the event of a discrepancy between the result showing on the Software and the gaming server, the result showing on the gaming server shall be the official and governing result of the Game. Moreover, you understand and agree that Live 3D Poker and Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting therefrom and the circumstances in which they occurred.
If you have any dispute with regard to any outcome in the Games or other activity at Live 3D Poker, you must submit your complaint to Company in writing within fourteen (14) days of incident by email to email@example.com and, if unsatisfied with the response, then to firstname.lastname@example.org.
27. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands Antilles without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Netherlands Antilles for settlement of any disputes arising out of or concerning this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
28. Entire Agreement, Modification and Amendments.
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. Live 3D Poker 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 at Live 3D Poker. 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 Company and supersede any and all prior agreements, representations or statements made by Company.
PLEASE PRINT THIS PAGE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.