PokerStars Online Software End User License Agreement

Download 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 PokerStars' services or products. Please note that the Agreement constitutes a legally binding agreement between you and REEL Malta Limited, Villa Seminia 8, Sir Temi Zammit Avenue, Ta' Xbiex XBX1011, Malta ("REEL Malta").

REEL Malta holds a license from ARJEL (l'Autorité de Régulation des Jeux en Ligne), under which it operates the real money poker games ("RM Games") offered to you on the Internet site found at www.pokerstars.fr, as well as sports betting ("Sportsbook") offered to you on the Internet site found at www.pokerstarssports.fr (www.pokerstars.fr and www.pokerstarssports.fr, individually and collectively being the "Site"). The terms and conditions governing your play on RM Games follow below. REEL Malta also operates the "play money"/"play for free" poker games ("PM Games") offered to you on the Site. See here for the PM Games Terms and Conditions governing your playing on PM Games.

By entering into this Agreement, you acknowledge that PokerStars and PokerStars Sports are brands owned and controlled by a group of companies known as "The Stars Group". As such, where used and the context allows, the term "Group" means REEL Malta together with its subsidiaries and any holding company of REEL Malta and any subsidiary of such holding company and any associated company with The Stars Group. References to "us", "we" or "our" refer collectively to REEL Malta and The Stars Group.

In addition to the terms and conditions of this Agreement, please review the Privacy Policy, the Cookie Policy, the Real Money Processing and Currency Exchange terms and conditions for the purposes of the RM Games only, the Withdrawal Policy, the Poker Rules, the Sports Betting Rules (and Spin and Bet Rules, as applicable) and the Stars Rewards terms and conditions, as well as the other rules, policies and terms and conditions relating to the products 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 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 Privacy Policy, the Cookie Policy, the Real Money Processing and Currency Exchange terms and conditions, the Withdrawal Policy, the Sports Betting Rules (and Spin and Bet Rules, as applicable), and the Poker Rules as each may be updated or modified from time to time in accordance with the provisions below and therein. After you've accepted this agreement, a copy of the Agreement will be sent to you in the form of a confirmation e-mail.

For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include The Stars Group software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstars.fr and www.pokerstarssports.fr, the web-based software accessible from www.pokerstars.fr and www.pokerstarssports.fr and also The Stars Group mobile software applications downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the Software (whether web-based software or client/server software).

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1

Subject to the terms and conditions contained herein The Stars Group grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access The Stars Group servers and play the RM Games and/or for Sports Betting (together being the "Games") available (the Software and Games together being the "Service").

1.2

The Software is licensed to you by The Stars Group for your private personal use. Please note that the Service is not for use by (i) individuals under 18 years of age, (ii) individuals connecting to the Site from jurisdictions from which it is illegal to do so, (iii) any employee, manager or entity affiliated to The Stars Group, directly or through an intermediary. The Stars Group is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.

1.3

In accordance with Clause 2.4 below, we shall 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.

1.4

The Stars Group, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation including copyright, trade secrets, intellectual property and other rights. You may not:

  1. copy, distribute, publish, reverse engineer, decompile (unless you ask us for the required information for the purpose of interoperability pursuant to the conditions set out in Article L. 122-6-1-IV of the Code de la Propriété Intellectuelle), disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
  2. sell, assign, sublicense, transfer, distribute or lease the Software;
  3. make the Software available to any third party through a computer network or otherwise;
  4. export the Software to any country (whether by physical or electronic means); or
  5. use the Software in a manner prohibited by applicable laws or regulations

    (each of the above is an "Unauthorised Use").

The Stars Group, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify The Stars Group immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide The Stars Group with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5

The terms "PokerStars" and "PokerStars Sports", the domain names "pokerstars.fr", "pokerstarssports.fr" and "pokerstarsmobile.fr", and any other trademarks, service marks, signs, trade names and/or domain names used by The Stars Group on the Site and/or the Software from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of The Stars Group and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, other content on the Site, including, but not limited to, the Software, images, logos, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to The Stars Group and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without The Stars Group's prior written consent.

1.6

You commit not to deposit any brand, trademark, domain name or any other clear reference to the brand, as well as any images, which could be confused with the Trademarks or Site Content. You consent to agree to our right to any work protected by copyright and which is the property of The Stars Group and/or its group companies and/or its licensors, including, but without limitation, the Site Content.

1.7

You warrant that any names or images used by you in connection with the Site or Service (for example, your username and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant REEL Malta and its Group companies a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.

1.8

Nothing in this Agreement shall be construed as granting the User the right of any property, within the framework of intellectual property, belonging or being registered in the name of The Stars Group and/or its group companies and/or its licensors.

1.9

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by REEL Malta, its Group companies and/or its licensors in the Software, the Trademarks or the Site Content nor will you do anything that damages the image or reputation of REEL Malta, its Group companies, employees, directors, officers and consultants.

2. OPENING OF A USER ACCOUNT

2.1

No use of the Service can be granted without having first opened and registered a user account.

2.2

Registration. In order to open a user account, you must register on the Site providing your name and surname, address, date and place of birth, e-mail address, phone number, account details for money deposits as well as a user ID and password. You also must accept all of the terms and conditions contained in this Agreement. In order to be able to use the Service you will have to set up 3 different mandatory limits: the Automatic Withdrawal Limit, the Weekly Deposit Limit and the 7-day Accumulated Buy-In Limit. In accordance with French law, no User can start playing on the Site without meeting the above-mentioned requirements. You can increase or decrease those limits in the lobby on the Software under 'Request' – 'Responsible Gaming' tabs.

2.3

Temporary user account. Before your user account is definitively activated, you will be able to access the Service via a temporary user account.

Please note that you will not be able to make any money transfer from your temporary user account to your payment account. The Stars Group is not authorised to transfer all or any part of your temporary user account balance to your payment account. Any deposit, winnings or other transfer from your temporary user account requires the preliminary activation of your definitive user account pursuant to Clause 2.4 below.

2.4

Activation. Within thirty (30) calendar days following your initial registration, you are required to provide the following documents to The Stars Group:

  1. a copy of both sides of your valid ID, passport or driving license as proof of identity and date of birth;
  2. a copy of a recent valid proof of address (such as a utility bill, latest personal income tax return, insurance card, rental receipt); and
  3. a document (such as a bank statement) showing your name and address, the details of your payment account and bank address, which shall be located in a Member State of the European Union or the European Economic Area.

These documents must be sent to support@starsaccount.fr or uploaded directly during the relevant stage of the registration process.

Upon receipt of these documents, The Stars Group will send you by post to your registered address a personal activation code which is necessary to complete the creation of your user account. You will be able to activate your definitive user account after connecting to the Site with your activation code in the six (6) weeks following the issuance of your activation code.

When entering your activation code, you must also set a maximum balance amount on your user account that will define the amount of automatic withdrawals on your bank account.

If The Stars Group doesn’t receive all the documents listed above within one (1) month following your initial registration, your temporary user account will be de-activated until you provide us with the required documents. The de-activation of your temporary user account will prevent you from playing or cashing out. Your user account will be re-activated should all the documents listed above are provided after thirty (30) days but before sixty (60) days.

If The Stars Group doesn’t receive all the documents listed above within sixty (60) days following your initial registration, or if your activation code has not been used within six (6) weeks following its issue, your temporary user account will be automatically terminated.

No User will be able to start using the Service before setting the deposit and table limits as well as the maximum balance limit on their user account.

In addition, participation to shared tables games with other jurisdiction shall, in accordance with applicable regulation, be restricted to Users holding a fully verified user account.

In the event of termination of a temporary user account, in accordance with the applicable rules, you will not be able to cash out any amount or deposit until you provide us with the required documents. The total sum of the balance remaining on your temporary user account after its termination will be kept on a reserve account owned by The Stars Group in your name for a period of six (6) years from the initial registration and will be transferred to your personal bank account once you have provided us with the documents mentioned in paragraphs (a) and (b) and subject to regulatory verifications. A five (5) euros custody and administrative fee shall apply to reserve balance of closed accounts three (3) months prior to expiration of above mentioned six (6) year term. Beyond this six (6) year period any funds remaining on your user account will be forfeited to the French State as per applicable regulations.

2.5

Modifications of user account information. You are not authorised to modify the date and place of birth on your user account.

Any modification of user information must be confirmed by sending a document acting as proof of such information within one (1) month following the registration of the modification. If we do not receive the adequate document within one (1) month, your user account will be de-activated and you will not be able to play or cash out. Your user account will be re-activated upon reception of the documents showing the modification. If we do not receive the adequate document within two (2) months your user account will be automatically terminated and no cash-out will be authorized until you have provided us with the adequate document.

In the event of a change of address, The Stars Group will send by post a new activation code to your new address. In order to validate this new piece of information, you will have to register this new activation code within six (6) weeks following its date of issue. If you do not connect to PokerStars.fr or PokerStarsSports.fr and do not register the activation code within six (6) weeks following its date of issue, your user account will be automatically terminated.

3. TERMINATION OF A USER ACCOUNT

3.1

Without prejudice to Clauses 4 and 10 below, a user account can be terminated in the following cases:

  1. following request by the User;
  2. if the information contained in the bank and ID documents mentioned in Clause 2.4 above does not correspond to the information provided at the time of the initial registration or at the time of any later modification;
  3. if the User is on the black list of prohibited players held by the French Ministry of the Interior;
  4. if no playing activity has been registered on the User account for a period of twelve (12) consecutive months.

In accordance with French law, no cash-out will be authorised unless the User account has been activated, pursuant to Clause 2.4 above. In any other case, any balance remaining on your User account will be transferred to your payment account, unless you are suspected of fraud or collusion or barred from playing in France.

The account created by a User shall hereinafter be known as a Stars Account. The User’s Stars Account will provide access to the Site, made available to you under the terms of this Agreement, by The Stars Group, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account’ or ‘account’ means your Stars Account.

4. NO WARRANTIES

4.1

The Stars Group 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.

4.2

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 Software and the Site shall be free from viruses, bugs or other contaminants.

4.3

The Stars Group 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 where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by The Stars Group in this regard.

5. AUTHORITY

The Stars Group retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of The Stars Group's management, with regards to any aspect of a User's account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.

6. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

6.1

(i) you are aged 18 or more, (ii) your name is not on the black list of persons prohibited to play owned by the French Ministry of the Interior, and (iii) you are not an employee, manager or associate of The Stars Group, nor the parent of an employee, manager or associate to The Stars Group;

6.2

there is a risk of losing money when using the Service and that The Stars Group has no responsibility to you for any such loss;

6.3

your use of the Service is at your sole option, discretion and risk;

6.4

in order for you to access and use our Software and/or our Service through the Site you will need to provide us with certain personal details about yourself (including details regarding your methods of payment) as well as consenting us (or third parties acting on our behalf) to have access to or make use of your location data and/or such other data or information that may be derived from your Device/PC, to enable the Service/Software to be made available to you. You hereby consent to us (or third parties acting on our behalf) to access and use such data for the purposes outlined above. You are not permitted to use our Software and/or Service if you do not wish to be bound by this provision. The Stars Group will process your personal details in compliance with the data protection laws and regulations of Malta, all in accordance with and as set out in our Privacy Policy. Pursuant to Articles 39 and 40 of the law n° 78-17 of 6 January, 1978 as amended, you have the right to access your personal details and modify them free of charge by writing to support@starsaccount.fr. You, however, expressly waive your right to block your personal information process provided under paragraph 1 of Article 38 of law n°78-17 of January 6, 1978. You also waive your right to erase your personal information for a maximum period of six (6) years following closing of your User account;

6.5

you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service;

6.6

The Stars Group does not provide advice to Users regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;

6.7

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of The Stars Group and The Stars Group shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

6.8

you understand and acknowledge that you may play Games against players registered under another license jurisdiction (such as Italy, Spain and/or Portugal) and you agree that only this Agreement and the regulations applicable to the license under which your user account is registered shall be applicable to you;

6.9

you have provided true and accurate information concerning your physical address and identity, including nationality;

6.10

you are not currently on any list of persons that would prohibit The Stars Group from engaging in business or other dealings, or otherwise offering the Service to you;

6.11

you are not prohibited due to your geographic location or otherwise from receiving funds from The Stars Group; and

6.12

if you are identified as such a person as detailed in Clause 6.10 or 6.11, The Stars Group may immediately terminate your account and all access to any of the Services.

7. UNAUTHORISED USES

7.1

SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile (unless you ask us for the required information for the purpose of interoperability pursuant to the conditions set out in Article L. 122-6-1-IV of the Code de la Propriété Intellectuelle), reverse-engineer or disassemble the Software in any way.

7.2

PERSONAL USE. The Service is intended solely for the User's personal use. The User is only authorised to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her Stars Account with The Stars Group 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 The Stars Group and the User is obligated to update such details in the event of any change thereto.

7.3

COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. The Stars Group may, in addition to other measures, 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, The Stars Group may consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly The Stars Group may terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

If you were involved in a proven collusion while using the Service, The Stars Group shall be entitled to confiscate all or part of the money in your User account obtained in an inappropriate manner at the time and to redistribute such amount among the other Users, pursuant to the mandate granted to The Stars Group by you, pursuant to Clause 10.2 below.

7.4

EXTERNAL PLAYER ASSISTANCE TOOLS. The Stars Group prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. The Stars Group defines "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). The Stars Group takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level. If you were to use EPA Tools while using the Service The Stars Group shall, to the extent permitted under applicable law, be entitled to confiscate all the money in your User account at the time and to redistribute such amount among other Users, pursuant to the mandate granted to The Stars Group, pursuant to Clause 10.2 below.

7.5

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, and without the assistance of any form of artificial intelligence.

You agree that The Stars Group may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with The Stars Group’s Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. If you were to use bots while using the Service, The Stars Group shall, to the extent permitted under applicable law, be entitled to confiscate all the money in your User account at the time and to redistribute such amount among other Users, pursuant to the mandate granted to The Stars Group, pursuant to Clause 10.2 below.

7.6

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 participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their Stars Account may be terminated immediately. In such circumstances The Stars Group will be under no obligation to refund to you any monies that may be in your Stars Account at such time subject to applicable law. If you were involved of chip dumping or attempt at chip dumping while using the Service, The Stars Group shall be entitled to confiscate all the money in your User account at the time and to redistribute such amount among other Users, pursuant to the mandate granted to The Stars Group, pursuant to Clause 10.2 below.

7.7

Persons located in or residents of the United States and United States Territories (the "Prohibited Jurisdictions") are not permitted to make deposits into their accounts or engage in real-money play. They may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.

Players located in, or residents of, France and applicable territories, Italy, Estonia, Belgium, Denmark, Portugal or Spain (the "Restricted Jurisdictions") are required to play according to the regulations in each Restricted Jurisdiction, using the appropriately designated, licensed, game clients, including in authorized pooled games among several jurisdictions as applicable.

Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement.

An attempt at circumvention includes, but is not limited to, manipulating the information used by The Stars Group to identify your location and providing The Stars Group with false or misleading information regarding your location or place of residence.

7.8

FRAUDULENT BEHAVIOR. In the event that The Stars Group deems, beyond a reasonable doubt, 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 in this Clause 7, or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback (i.e. charging in return of a service) or money laundering, The Stars Group shall be entitled to take such action as it sees fit, including without limitation, pursuant to the applicable rules:

  1. immediately blocking a User’s access to the Service;
  2. terminating the User’s account with The Stars Group;
  3. seizing, as the case may be, the lesser of: all funds held in the User's The Stars Group account, or an amount equal to the funds resulting from the fraudulent act(s) and/or game manipulation and, with respect to acts of collusion and/or game manipulation or similar redistribute the money among the Users, pursuant to the mandate granted to The Stars Group, pursuant to Clause 10.2 below;
  4. 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
  5. taking all legal action, including criminal, against such User.

This Clause 7.8 together with any Clauses cross-referenced herein shall be considered as a pre-fixed indemnity provision to remedy contractual breach.

8. WITHDRAWAL POLICY

The policy and criteria for a User to effect a withdrawal from his/her Stars Account can be found in our Withdrawal Policy. The Stars Group reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time.

9. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with The Stars Group’s staff.

10. BREACH

10.1

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, The Stars Group or any other company within the Group which provides services to the User, may take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by The Stars Group, terminating such User's account on the Site, seize, quarantine and redistribute all the money in such User's account on the Site or on any other site operated by the Group, in accordance with Clause 7.8, and pursuant to the mandate granted to The Stars Group pursuant to Clause 10.2 below and/or taking legal action against such User.

10.2

Without prejudice to Clause 12.10, The Stars Group is invested thereof by the User with a mandate to ensure compliance with the clauses contained in the Poker Rules and in this Agreement, and, by virtue of Clause 7.8, becomes the User’s assigned legal depository entitled to (i) confiscate or quarantine all money inappropriately obtained, in the event of a breach of any clause contained in this Agreement or attempt to commit such breach of agreement while using the Service, and (ii) to redistribute the confiscated amount (cancelled wrongful winnings or others) among the Users, pursuant to the clauses in the Poker Rules and in this Agreement.

10.3

You agree to fully indemnify, defend and hold harmless The Stars Group, its Group companies 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:

  1. your breach of this Agreement, in whole or in part;
  2. violation by you of any law or any third-party rights; and
  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.

11. LIMITATION OF LIABILITY

11.1

The Stars Group shall not be held liable for any breach of its obligations, when such breach can be attributed to the User, in the event of unforeseen action arising from a third party, or in case of force majeure.

11.2

The Stars Group shall not be held liable for any indirect damage arising from the use of the Service. Such indirect damages are those which do not directly and exclusively arise from The Stars Group’s breach of its obligations, including (without limitation), damages arising from loss of business profit, interruption of business activity and loss of business data.

12. SECURITY AND YOUR ACCOUNT

12.1

Each User account shall be accessible through the use of a combination of a unique username ("Username "), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication feature together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto. The User shall also provide his/her date of birth upon each connection to his/her User account.

12.2

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 nor permit another person to use the Service via his/her User account.

12.3

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.

12.4

A User may only have one User account with REEL Malta and shall only use the Service using such single account. It is prohibited for User to open multiple User accounts with REEL Malta. In the event that REEL Malta becomes aware of additional User accounts opened by a User, REEL Malta may close such additional User accounts without notice and may confiscate funds held in such additional User accounts.

12.5

Please note that monies held in your User account do not accrue interest.

12.6

You will not be able to place any bets using the Service in an amount greater than the total amount of money in your User account.

12.7

You are fully responsible for paying all monies owed to The Stars Group. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse The Stars Group for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

12.8

The Stars Group reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose and will act solely under the authority and following the directives of The Stars Group. The Stars Group reserves the right to procure from the User information related to the origin of the money transferred to his/her User account.

12.9

The Stars Group 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.

12.10

You acknowledge and agree that monies deposited by you in your The Stars Group account are held in a trust account on your behalf. In order to ensure increased protection of the monies deposited in your User account, REEL Malta reserves the right to appoint an independent regulated third party trustee to manage the Users’ monies with the approval of ARJEL.

12.11

Pursuant to Clause 12.10 above we notify You that the appointed trustee is FIRST NAMES TRUSTEE Company (UK) Limited of 4th Floor 45 Monmouth Street, London, WC2H 9DG, United Kingdom. The trust agreement entered into between FIRST NAMES TRUSTEE Company (UK) Limited and REEL Malta covers monies deposited by players in a User account opened via the Site in accordance with French regulation.

12.12

Users are strictly prohibited from utilizing the Service to facilitate any type of illegal money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If The Stars Group has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Service will be terminated immediately and/or your Stars Account blocked. If your Stars Account is terminated or blocked in such circumstances, The Stars Group is under no obligation to refund to you any funds that may be standing to the credit of your Stars Account at such time. In addition The Stars Group shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with The Stars Group to investigate any such activity.

12.13

The policy and procedure for a User to effect a period of self-exclusion are set out on The Stars Group Responsible Gaming page of the Site.

12.14

If VAT, GST or any other similar tax, hereinafter described as "Sales Tax", applies to any payments made by you in connection with your use of the Service, such payments shall be treated as inclusive of all Sales Tax (if any).

13. THIRD PARTY SOFTWARE

13.1

The Software contains, as a component, third party software, including software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the "Licensed Software").

13.2

The User's use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

13.3

The Licensed Software may not be altered, modified or extracted from the Software.

13.4

The User's use is limited to "Internal Use" meaning use of the Licensed Software only in the course of the User's customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. "Customary and ordinary internal business use" shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User's customary and ordinary internal business. "Customary and ordinary personal use" shall mean, for an End User that is an individual, use by such User or a member of such User's household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.

13.5

All rights not expressly granted in the Licensed Software are reserved.

13.6

The OpenSSL Toolkit and cryptographic software is provided by the OpenSSL Project and by Eric Young "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit and cryptographic software, even if advised of the possibility of such damage.

14. DISPUTES

The User accepts that the historical data of each game shall be as recorded on The Stars Group servers. In the event of a discrepancy between the cards displayed on your computer and the game records on The Stars Group’s server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.

Should you remain dissatisfied with the resolution of your complaint after interacting with our customer support team at support@starsaccount.fr for twenty (20) days or more,  you may refer the matter for alternative dispute resolution through the Online Gaming Ombudsman : Monsieur Denys Millet, Autorité de régulation des jeux en ligne (ARJEL), 99-101 rue Leblanc, 75015 Paris, France, 01.57.13.13.00, mediation@arjel.fr.

For more information please visit the Ombudsman website on http://www.mediateurdesjeuxenligne.fr and follow the guidance provided in relation to complaint prerequisite and to file your complaint. As part of this process, we remind you that no complaint shall be filed if no attempt to amicably resolve the matter between you and our support team have been made and failed after at least twenty (20) days. Our support team is acting as internal conciliator for the mediation purpose and may be reached at support@starsaccount.fr.

 

15. AMENDMENT

The Stars Group reserves the right to update or modify this Agreement or any part thereof at any time with notice, however, you will be bound by such amended Agreement within 14 days of it being posted at the Site even without notice. 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.

16. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with French law.

Each party irrevocably agrees that the relevant French courts shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

17. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

18. ASSIGNMENT

The Stars Group 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.

19. MISCELLANEOUS

19.1

No waiver by The Stars Group of any breach of any provision of this Agreement (including the failure of The Stars Group 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 Agreement.

19.2

Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the Group.

19.3

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.

19.4

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.

19.5

The User must provide full and truthful information in respect of all details and information requested by The Stars Group in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

Copyright © 2020 Rational Intellectual Holdings Limited. All rights reserved.

With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project. All rights reserved.
Copyright © 1995-1998 Eric Young. All rights reserved.

More information is available at www.pokerstars.fr or www.pokerstarssports.fr.

REEL Malta can be contacted via Support.

POKERSTARS END USER LICENSE AGREEMENT – PLAY MONEY GAMES

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of REEL Malta's service or products. Please note that the Agreement constitutes a legally binding agreement between you and REEL Malta Limited, Villa Seminia 8, Sir Temi Zammit Avenue, Ta' Xbiex XBX1011, Malta (referred to herein as "REEL Malta", "us", "we" or "our").

REEL Malta operates the "play money" poker games ("PM Games") offered to you on the Internet site found at www.pokerstars.fr (the "Site"). The terms and conditions governing your play on PM Games are below.

By entering into this Agreement, you acknowledge that REEL Malta is part of a group of companies. As such, where used and the context allows, the term "Group" means REEL Malta together with its subsidiaries and any holding company of REEL Malta and any subsidiary of such holding company and any associated company with REEL Malta including, but not limited to associated companies providing services under the trade mark "PokerStars".

In addition to the terms and conditions of this Agreement, please review our Privacy PolicyCookie Policy, the Poker Rules, and the Stars Rewards terms and conditions as well as the other rules, 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 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 Privacy PolicyCookie Policy, and the Poker Rules as each may be updated or modified from time to time in accordance with the provisions below and therein.

For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore "Software" will include The Stars Group’s PokerStars poker software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstars.fr, and also The Stars Group’s PokerStars mobile application software (the "Mobile Software") downloadable or made available to you on your mobile end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the Software (whether web-based software or client/server software).

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1

Subject to the terms and conditions contained herein REEL Malta grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access the REEL Malta servers and play the PM Games (the "Games") available (the Software and Games together being the "Service").

1.2

The Software is licensed to you by REEL Malta for your private personal use. Please note that the Service is not for use by individuals: (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Site from jurisdictions from which it is illegal to do so. REEL Malta is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.

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.

1.4

In order to verify your identity, physical address, age and/or source of funds and meet our regulatory obligations, we may ask that you provide personal details and/or documentation (such as a copy of your passport, proof of address or payment method details) from time to time. Please see our Privacy Policy for more information on how we use such personal data.

1.5

REEL Malta, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

  1. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
  2. sell, assign, sublicense, transfer, distribute or lease the Software; 
  3. make the Software available to any third party through a computer network or otherwise;
  4. export the Software to any country (whether by physical or electronic means); or
  5. use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an "Unauthorised Use").

REEL Malta, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify REEL Malta immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide REEL Malta with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.6

The terms "REEL Malta", the domain names "pokerstars.fr" and "pokerstarsmobile.fr", and any other trademarks, service marks, signs, trade names and/or domain names used by REEL Malta on the Site and/or the Software from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of REEL Malta and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to REEL Malta and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without REEL Malta' prior written consent.

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by REEL Malta, its Group companies and/or its licensors in the Software, the Trademarks or the Site Content nor will you do anything that damages the image or reputation of REEL Malta, its Group companies, employees, directors, officers and consultants.

1.7

You warrant that any names or images used by you in connection with the Site or Service (for example, your username and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant REEL Malta and its Group a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.

LICENSE FOR VIRTUAL CHIPS

1.8

While using the Service, you may "earn", "buy" or "purchase" virtual chips for use in the Service (the "Virtual Chips"). You hereby acknowledge that these "real world" terms are only used figuratively, and you agree that you have no right or title in Virtual Chips appearing or originating in any Game, whether "earned" in a Game or "purchased" from REEL Malta, or any other attributes associated within an account or stored on the Service. Any "virtual currency" balance shown in your User account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

1.9

REEL Malta prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by REEL Malta in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by REEL Malta. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.

1.10

You may purchase a license to use Virtual Chips for valuable consideration, by visiting the purchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.

1.11

When you purchase a license to Virtual Chips, we may send you a confirmatory e-mail that will contain details of the Virtual Chips you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. If you have any concern, please contact customer support. REEL Malta keeps records of transactions in order to deal with any queries.

1.12

For the purchase of a license to use Virtual Chips, your order will represent an offer to us to purchase a license for to use such Virtual Chips which will be accepted by us when we make the Virtual Chips available in your account for you to use in our PM Games (the "Acceptance"). Your license to use Virtual Chips in the PM Games is a service provided by REEL Malta that commences upon Acceptance by REEL Malta of your purchase. A purchase of a license to use Virtual Chips is non-refundable by REEL Malta.

1.13

REEL Malta may revise the pricing for the Service and the Virtual Chips it licenses to you through the Service at any time. You acknowledge that REEL Malta is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Chips when a User account is closed, whether such closure was voluntary or involuntary.

1.14

For the avoidance of doubt, it is hereby clarified that the purchase of a license to use Virtual Chips does not entitle you to any rights whatsoever other than those reflected by the license. It is furthermore clarified that a license purchased may only be transferred as explicitly provided for within the terms of the license and that such license may not be redeemed, sold, transferred, bequeathed, leased, rented or otherwise disposed of in return for valuable consideration.

2. NO WARRANTIES

2.1

REEL Malta 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 Software and the Site shall be free from viruses, bugs or other contaminants.

2.3

REEL Malta 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 where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by REEL Malta in this regard.

3. AUTHORITY

REEL Malta retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of REEL Malta' management, with regards to any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal. The account created by a User shall hereinafter be known as a Stars Account. The User's Stars Account will provide access to the Site, made available to you under the terms of this Agreement, by REEL Malta, as applicable to your geographical location. Any and all references in this Agreement to the term 'User account' or 'account' means your Stars Account.

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

your use of the Service is at your sole option, discretion and risk;

4.2

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of REEL Malta and REEL Malta shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

4.3

you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf). Virtual Chips have no value in and of themselves and are not transferable and exchangeable within a User account. Further, such Virtual Chips have no value in themselves and are not redeemable for any 'real' currency or prize. Thus you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your User account or any Virtual Chips associated with your User account to a third person;

4.4

you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider;

4.5

you have provided true and accurate information concerning your physical address and identity, including nationality;

4.6

you are not currently on any list of persons that would prohibit The Stars Group from engaging in business or other dealings, or otherwise offering the Service to you;

4.7

you are not prohibited due to your geographic location or otherwise from receiving funds from The Stars Group; and

4.8

if you are identified as such a person as detailed in Clause 4.6 or 4.7, The Stars Group may immediately terminate your account and all access to any of the Service.

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 and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to REEL Malta and the User is obligated to update such details in the event of any change thereto.

5.3

COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. REEL Malta 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, REEL Malta reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly REEL Malta 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 TOOLS. REEL Malta prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. REEL Malta defines "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). REEL Malta takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.

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, and without the assistance of any form of artificial intelligence.

5.6

You agree that REEL Malta may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on the User's PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his Virtual Chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, while using the Service may be permanently banned from using the Service and their User account may be terminated immediately. In such circumstances REEL Malta will be under no obligation to return or credit to you any Virtual Chips that may be in your User account at such time.

5.8

FRAUDULENT BEHAVIOR. In the event that REEL Malta 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 in this Clause 5 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, REEL Malta shall be entitled to take such action as it sees fit, including, but not limited to:

  1. immediately blocking a User's access to the Service;
  2. terminating a User's account with REEL Malta;
  3. seizing all Virtual Chips within a User's account; and/or
  4. taking legal action against a User.

6. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with REEL Malta's staff.

7. BREACH

7.1

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, REEL Malta or any other company within the Group which provides services to the User reserves the right, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by the Group, terminating such User's account on the Site or on any other site operated by the Group, seizing or quarantining all Virtual Chips held in the User's account on the Site or on any other site operated by the Group and/or taking legal action against such User.

7.2

You agree to fully indemnify, defend and hold harmless REEL Malta, its Group companies 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:

  1. your breach of this Agreement, in whole or in part;
  2. violation by you of any law or any third-party rights; and
  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

8.1

Under no circumstances, including negligence, shall REEL Malta or any other member of the Group 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 REEL Malta had prior knowledge of the possibility of such damages.

8.2

Nothing in this Agreement shall exclude or limit REEL Malta's or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

9. SECURITY AND YOUR ACCOUNT

9.1

Each User account shall be accessible through the use of a combination of a unique username ("Username "), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.

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 nor permit another person to use the Service via his/her User account.

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

A User may only have one User account with REEL Malta and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with REEL Malta. In the event that REEL Malta becomes aware of additional accounts opened by a User, REEL Malta may close such additional accounts without notice and may confiscate Virtual Chips held in such additional accounts.

9.5

You will not be able to place any bets (with Virtual Chips) using the Service in an amount greater than the total amount of Virtual Chips in your User account.

9.6

You are fully responsible for paying all monies owed to REEL Malta. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse REEL Malta for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

9.7

REEL Malta reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.

9.8

REEL Malta 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.

9.9

If VAT, GST or any other similar tax, hereinafter described as "Sales Tax", applies to any payments made by you in connection with your use of the Service, such payments shall be treated as inclusive of all Sales Tax (if any).

10. THIRD PARTY SOFTWARE

10.1

The Software contains, as a component, third party software, including software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the "Licensed Software").

10.2

The User's use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

10.3

The Licensed Software may not be altered, modified or extracted from the Software.

10.4

The User's use is limited to "Internal Use" meaning use of the Licensed Software only in the course of the User's customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. "Customary and ordinary internal business use" shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User's customary and ordinary internal business. "Customary and ordinary personal use" shall mean, for an End User that is an individual, use by such User or a member of such User's household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.

10.5

All rights not expressly granted in the Licensed Software are reserved.

10.6

The OpenSSL Toolkit and cryptographic software is provided by the OpenSSL Project and by Eric Young "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the OpenSSL Project, Eric Young or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit and cryptographic software, even if advised of the possibility of such damage.

11. DISPUTES

The User accepts that the historical data of each PM Game shall be as recorded on the REEL Malta servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the REEL Malta' server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.

12. AMENDMENT

REEL Malta 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 French law.

Each party irrevocably agrees that the relevant French courts shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

14. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

15. ASSIGNMENT

REEL Malta 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. MISCELLANEOUS

16.1

No waiver by REEL Malta of any breach of any provision of this Agreement (including the failure of REEL Malta 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 Agreement.

16.2

Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the Group.

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.

16.5

The User must provide full and truthful information in respect of all details and information requested by REEL Malta in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

Copyright © 2020 Rational Intellectual Holdings Limited. All rights reserved.

With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project. All rights reserved.
Copyright © 1995-1998 Eric Young. All rights reserved.

More information is available at www.pokerstars.fr.

REEL Malta can be contacted via Support.

Version in force from April 2020.

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