End user agreement for OwnTheCards
OwnTheCards END USER LICENSE AGREEMENT
This end user license agreement (the "Agreement") should be read by you
(the "User" or "you") in its entirety prior to your use of OwnTheCards'
service or products. Please note that the Agreement constitutes a
legally binding agreement between you and CP DEVELOPMENT DOO BEOGRAD
(referred to herein as "OwnTheCards", "us" or "we") which owns and
operates the Internet site found at www.OwnTheCards.com (the "Site"). In
addition to the terms and conditions of this Agreement, please review
policies and terms and conditions relating to the games and promotions
available on the Site as posted on the Site from time to time, which are
incorporated herein by reference, together with such other policies of
which you may be notified of by us from time to time.
By clicking the "I Agree" button below as part of the software
installation process and using the Software (as defined below), you
consent to the terms and conditions set forth in this Agreement, the
from time to time in accordance with the provisions below and therein.
1. GRANT OF LICENSE
1.1 Subject to the terms and conditions contained herein OwnTheCards
grants the User a non-exclusive, personal, non-transferable right to
install and use the OwnTheCards poker software ("Software") in order to
access the OwnTheCards servers and play the poker games (the "Games")
available (the Software and Games together being the "Service").
1.2 The Software is licensed to you by OwnTheCards for your private
personal use. Please note that the Software is not for use by (i)
individuals under 18 years of age, (ii) individuals under the legal age
of majority in their jurisdiction and (iii) individuals connecting to
the Site from jurisdictions from which it is illegal to do so.
OwnTheCards is not able to verify the legality of the Service in each
jurisdiction and it is the User's responsibility to verify such matter.
1.3 We reserve the right at any time to request from you evidence of age
in order to ensure that minors are not using the Service. We further
reserve the right to suspend or cancel your account and exclude you,
temporarily or permanently, from using the Service if satisfactory proof
of age is not provided or if we suspect that you are underage.
2. NO WARRANTIES
2.1 OwnTheCards disclaims any and all warranties, expressed or implied,
in connection with the Service which is provided to you "AS IS" and we
provide you with no warranty or representation whatsoever regarding its
quality, fitness for purpose, completeness or accuracy.
2.2 Regardless of our efforts to provide you with service of the highest
quality, safety and security, we make no warranty that the Service will
be uninterrupted, timely or error-free, that defects will be corrected
or that the services found therein shall be free from viruses or bugs.
2.3 OwnTheCards reserves the right to suspend, discontinue, modify,
remove or add to the Service in its absolute discretion with immediate
effect and without an obligation to provide you with notice and we shall
not be liable in any way whatsoever for any loss suffered as a
consequence of any decision made by OwnTheCards in this regard.
OwnTheCards retains authority over the issuing, maintenance, and closing
of Users' accounts at OwnTheCards. The decision of OwnTheCards'
management, as regards any aspect of a User's account, use of the
Service, or dispute resolution, is final and shall not be open to review
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent,
warrant, covenant and agree that:
4.1 You acknowledge that there is a risk of losing money when using the
Service and that OwnTheCards has no responsibility to you for any such loss.
4.2 You agree that your use of the Service is at your sole option,
discretion and risk.
4.3 You agree that you are required to provide us with certain personal
details about yourself (including details regarding your methods of
payment) for the purpose of using the Service. Our control of the
4.4 You are solely responsible for any applicable taxes which may be
payable on winnings paid to you.
4.5 You are solely responsible for the telecommunications networks and
Internet access services required for you to access and use the Service
and we shall have no liability whatsoever for any deficiencies therein.
5. PROHIBITED USES
5.1 SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile,
reverse-engineer or disassemble the Software in any way.
5.2 PERSONAL USE. The Service is intended solely for the User's personal
use. The User is only allowed to wager for his/her personal
entertainment. Under no circumstances shall a User be permitted to use
his/her "real money account" with OwnTheCards for any purpose other than
for using the Service. The User must provide full and truthful
information in respect of all details and information provided by the
User to OwnTheCards and the User is obligated to update such details in
the event of any change thereto. A User may not have more than one
account with OwnTheCards.
5.3 COLLUSION. Collusion between Users by sharing hole cards or by any
other methods is strictly forbidden. OwnTheCards reserves the right, in
addition to other measures, to restrict seating and/or to prohibit Users
from playing at a particular poker table or in a tournament, including
restricting two or more Users from playing together at the same table or
in the same tournament. In addition, OwnTheCards reserves the right to
consider any collusion between players (including Users) as a material
breach of this Agreement and accordingly OwnTheCards shall have the
right to terminate a User's account if a User engages or attempts to
engage in any such activity, regardless of the outcome of such attempt.
5.4 EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). OwnTheCards prohibits
those External Player Assistance Programs ("EPA Programs") which are
designed to provide an "Unfair Advantage" to players. OwnTheCards
defines "External" to mean computer software (other than the Software),
and non-software-based databases or profiles (e.g. web sites and
subscription services). OwnTheCards defines an "Unfair Advantage" as any
instance in which a User accesses or compiles information on other
players beyond that which the User has personally observed through the
User's own game play. We encourage you to read our Prohibited Online
5.5 AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence
including, without limitation, "robots" is strictly forbidden in
connection with the Service. All actions taken in relation to the
Service by a User must be executed personally by players through the
user interface accessible by use of the Software.
5.6 You agree that OwnTheCards may take steps to detect and prevent the
use of prohibited EPA Programs. These steps may include, but are not
limited to, examination of software programs running concurrently with
the OwnTheCards Software on the User's computer.
5.7 CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses
a hand in order to deliberately transfer his chips to another User. Any
User who chip-dumps or attempts to chip-dump with any other User while
using the Service may be permanently banned from using the Service and
their account may be terminated immediately. In such circumstances
OwnTheCards will be under no obligation to refund to you any monies that
may be in your OwnTheCards account at such time.
5.8 FRAUDULENT BEHAVIOR. In the event that OwnTheCards deems that a User
has engaged or attempted to engage in fraudulent, unlawful, dishonest or
improper activity while using the Service, including without limitation,
engaging in any of the activities set forth above or any other game
manipulation, or the making of any fraudulent payment, including without
limitation, use of a stolen credit card or fraudulent chargeback or
money laundering, OwnTheCards shall be entitled to take such action as
it sees fit, including immediately blocking access to the Service,
terminating such User's account with OwnTheCards, seizing all monies
held in the User's OwnTheCards account, disclosing such information
(including the identity of the User) to financial institutions, relevant
authorities and/or any person or entity that has the legal right to such
information, and/or taking legal action against such User.
6. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, obscene, libelous,
defamatory, threatening, or other material that would violate any law or
generally be considered to be offensive, via the Service using the chat
option, the player images option or in correspondence with OwnTheCards'
When using the chat option offered to Users via the Service, Users are
prohibited from making any statements which promote any service or
product of any party except OwnTheCards. Further, Users shall not make
statements about OwnTheCards or the Service that are untrue or would
reasonably be considered to be derogatory or critical.
7.1 Without prejudice to any other rights, if a User breaches in whole
or in part any provision contained herein, OwnTheCards reserves the
right to take such action as it sees fit, including terminating this
Agreement, immediately blocking access to the Service to such User,
terminating such User's account with OwnTheCards, seizing all monies
held in the relevant OwnTheCards account and/or taking legal action
against such User.
7.2 You agree to fully indemnify, defend and hold harmless OwnTheCards
and its shareholders, directors and employees from and against all
claims, demands, liabilities, damages, losses, costs and expenses,
including legal fees and any other charges whatsoever, howsoever caused,
that may arise as a result of:
7.2.1 your breach of this Agreement, in whole or in part;
7.2.2 violation by you of any law or any third party rights; and
7.2.3 use by you of the Service or use by any other person accessing the
Service using your Login Credentials (as defined below) , whether or not
with your authorization.
8. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall OwnTheCards be
liable for any special, incidental, direct, indirect or consequential
damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use (or misuse) of the
Service even if OwnTheCards had prior knowledge of the possibility of
9. SECURITY AND YOUR ACCOUNT
9.1 Each User account shall be accessible through the use of a
combination of a unique User ID ("User ID"), a unique and secret
password ("Password"), and an optional numeric ("Secure ID") (the User
ID, Password and Secure ID together being referred to as the "Login
Credentials"). The User is obligated to choose his/her own User ID and
Password in accordance with the rules relating thereto. If a Secure ID
is associated with a User account, this Secure ID will be selected at
random by the Service.
9.2 The User agrees that he/she is solely responsible for all use of the
Service under his/her Login Credentials and that he/she shall not
disclose the Login Credentials to any person whatsoever.
9.3 The User is obliged to keep his/her Login Credentials secret and
confidential at all times and to take all efforts to protect their
secrecy and confidentiality. Any unauthorized use of the Login
Credentials shall be the sole responsibility of the User and be deemed
as his/her use. Any liability therefrom shall be that of the User.
9.4 On OwnTheCards you are betting OwnTheCards points, not real money.
Points are not worth anything.
9.5 OwnTheCards reserves the right to run credit and/or identity checks
on a User, with third party credit agencies or services, using the
information provided to us by a User on registration with the Service.
9.6 OwnTheCards reserves the right to use third party electronic payment
processors and/or financial institutions to process payments made by and
to you in connection with your use of the Service.
This product includes software developed by the OpenSSL Project for use
in the OpenSSL Toolkit (http://www.openssl.org).
The User accepts that the historical data of each game shall be as
recorded on the OwnTheCards servers. In the event of a discrepancy
between the cards displayed on your computer and the game records on the
OwnTheCards' server the latter shall prevail. The User accepts that the
"Instant Hand History" feature of the Software shall not be considered
as the official historical record of any hand.
OwnTheCards reserves the right to update or modify this Agreement or any
part thereof at any time without notice and you will be bound by such
amended Agreement within 14 days of it being posted at the Site.
Therefore, we encourage you to visit the Site regularly and check the
terms and conditions contained in the version of the Agreement in force
at such time. Your continued use of the Site shall be deemed to attest
to your agreement to any amendments to the Agreement.
13. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and
construed in accordance with, the laws of the Republic of Serbia. Each
party irrevocably agrees that the relevant courts of the Republic of
Serbia shall have exclusive jurisdiction in relation to any claim,
dispute or difference concerning the Agreement and any matter arising
therefrom and irrevocably waives any right that it may have to object to
an action being brought in those courts, or to claim that the action has
been brought in an inconvenient forum, or that those courts do not have
If a provision of this Agreement is or becomes illegal, invalid or
unenforceable in any jurisdiction, that shall not affect the validity or
enforceability in that jurisdiction of any other provision hereof or the
validity or enforceability in other jurisdictions of that or any other
OwnTheCards reserves the right to assign this agreement, in whole or in
part, at any time without notice. The User may not assign any of his/her
rights or obligations under this Agreement.
16.1 No waiver by OwnTheCards of any breach of any provision of this
Agreement (including the failure of OwnTheCards to require strict and
literal performance of or compliance with any provision of this
Agreement) shall in any way be construed as a waiver of any subsequent
breach of such provision or of any breach of any other provision of this
16.2 Nothing in this Agreement shall create or confer any rights or
other benefits in favour of any third parties not party to this Agreement.
16.3 Nothing in this Agreement shall create or be deemed to create a
partnership, agency, trust arrangement, fiduciary relationship or joint
venture between you and us.
16.4 This Agreement constitutes the entire understanding and agreement
between you and us regarding the Service and supersedes any prior
agreement, understanding, or arrangement between you and us.