This end user license agreement (the “Agreement“) should be read by you (the “User” or “you“) in its entirety prior to your use of Poker BTC’s service or products. Please note that the Agreement constitutes a legally binding agreement between you and “Poker BTC” and acting in coordination with Enterra Holding Inc ,WHEREAS, Enterra is engaged, inter alia, in the design, development, license, and distribution of certain innovative Product and related Services, as “us” or “we“.
Poker BTC, in coordination with Enterra, offers online gaming services under the brand “Poker BTC” via the Internet at the site found at http://www.poker-btc.com/ (the “Site“) which operates criptocurency games, (“CC Games”) . Poker BTC, in coordination with Enterra own licence for online poker game and is regulated in Curacao by the Curacao Gaming Authority.
The terms and conditions governing your play on CC Gamesfollow below.
For the purposes of this Agreement, the definition of “Software” will include the Poker BTC software downloadable to your personal desktop or laptop computer (“PC“) from www.Poker-BTC.com (the “PC Software“)
Poker BTC offer Software (as defined in Section 1.1 below) which is offered under its own brand but is licensed to Poker BTC by a third party owner (“Enterra Holding”).
GRANT OF LICENSE/INTELLECTUAL PROPERTY
1. Subject to the terms and conditions contained herein Poker BTC grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access the Poker BTC servers and play the CC Games such as poker
2. The Software is licensed to you by Poker BTC for your private personal use. Please note that the Service 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. Poker BTC 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.
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.
4. Poker BTC, its Group companies and its licensors (including any Third Party Providers) 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:
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;
sell, assign, sublicense, transfer, distribute or lease the Software;
make the Software available to any third party through a computer network or otherwise;
export the Software to any country (whether by physical or electronic means); or
use the Software in a manner prohibited by applicable laws or regulations,
(each of the above is an “Unauthorised Use“).
Poker BTC, its Group companies and its licensors (including any Third Party Providers) 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 Poker BTC and REEL immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Poker BTC with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
5. The terms “Poker BTC”, the domain names “Poker-BTC.com” and any other trade marks, service marks, signs, trade names and/or domain names used by Poker BTC on the Site and/or the Software from time to time (the “Trade Marks“), are the trade marks, service marks, signs, trade names and/or domain names of Poker BTC and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. 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 Poker BTC and/or its Group companies and/or its licensors (including any Third Party Providers) 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 Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Poker BTC’s 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 Poker BTC, its Group companies and/or its licensors (including any Third Party Providers) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of Poker BTC, its Group companies, employees, directors, officers and consultants.
1. Poker BTC disclaim 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. 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.
3. Poker BTC 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 Poker BTC in this regard.
1. Poker BTC retains authority over the issuing, maintenance, and closing of Users’ accounts on the Site. The decision of Poker BTC’s 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 or appeal.
YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
1. We are not related to how users acquire cryptocurencys.There is a risk of losing cryprocurency’s when using the Service and that Poker BTC has no responsibility to you for any such loss;
2. Poker BTC is not a financial institution and don’t work with none and BITCOIN (BTC) and POKERCOIN (POKER) are defined as a cryptocurrency, is not real money so it’s not under any regulation and no interests will accrue on deposited cryptocurrencyes with Poker BTC;
3. your use of the Service is at your sole option, discretion and risk;
5. you are solely responsible for any applicable taxes which may be payable on using cryptocurrency through your use of the Service;
6. Poker BTC does not provide advice to Users regarding BTC other cryptocurencys ,tax and/or legal matters. Users who wish to obtain advice regarding BTC,cryptocurencys , tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;
7. the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Poker BTC and Poker BTC shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
8. 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.
1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
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 account” with Poker BTC 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 Poker BTC and the User is obligated to update such details in the event of any change thereto.
3. CRYPTOCURRENCY TRANSFERS. The Poker BTC cryprocurrency transfer facility is accessed via the “Poker BTC Lobby” (under the heading “requests” and then “transfer funds”). Users must enter the amount to transfer and the player ID of the intended recipient. Users are reminded that it is their responsibility to ensure they know who the other Users are before entering into these arrangements. Limits on transfers will be set by Poker BTC per User.
As part of Poker BTC’s licensing agreement and in compliance with anti money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their transfer to be processed. This allows Poker BTC to help protect the Users and prevent Poker BTC being used as a vehicle for money laundering or fraud
The following terms and conditions also apply to the cryprocurrency transfer facility:
Poker BTC reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver.
A sending User agrees that they may only make an account transfer to enable a receiving User to play the Games and not for any other purpose.
A receiving User agrees that they may only use the funds from an account transfer to play the Games and not for any other purpose.
Users cannot cash out funds directly received from a transfer, (refer to sub-paragraph (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a cash out request will be reviewed in accordance with Poker BTC’s internal controls, policies and procedures.
4. COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Poker BTC 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, Poker BTC reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Poker BTC 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. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). Poker BTC prohibits those External Player Assistance Programs (“EPA Programs“) which are designed to provide an “Unfair Advantage” to players. Poker BTC defines “External” to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). Poker BTC 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.
6. 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.
7. You agree that Poker BTC 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 Poker BTC Software on the User’s computer. Poker BTC software may perform several functions in order to detect the use of illicit automated programs and ensure that we maintain a ‘cheat free’ environment for all users . 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.
8. 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-dumpings with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances Poker BTC will be under no obligation to refund to you any monies that may be in your Poker BTC account at such time.
9. FRAUDULENT BEHAVIOR. BTC or any Cryptocurrecyes stolen from users can be tracked using block explorer. In the event that Poker BTC 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 Cryptocurrecyes accounts or fraudulent chargeback or money laundering, Poker BTC shall be entitled to take such action as it sees fit, including, but not limited to:
immediately blocking a User’s access to the Service;
terminating a User’s account with Poker BTC;
seizing the funds within a User’s 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 a User.
10. Poker BTC prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions were persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game) clients from making deposits into their accounts or engage in CC Games (the “Prohibited Jurisdictions”). They may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in cryprocurrency poker play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Poker BTC to identify your location and providing Poker BTC with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User account.
1. The policy and criteria for a User to effect a cashout from his/her User account can be found in our Cashout Policy. Poker BTC reserves the right to use additional eligibility criteria to determine the cashout options Users may be offered at any given time.
2. Every deposit you make in Pokercoin you can only withdraw it in Pokercoin.
OFFENSIVE LANGUAGE OR CONTENT
1. 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 with respect to which please refer to the Room Rules, the player images option or in correspondence with Poker BTC’s staff.
1. You agree to fully indemnify, defend and hold harmless Poker BTC , the Group,Enterra 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:
a User has more than one active account;
you provide incorrect or misleading information to Poker BTC when registering for the Service;
you are not of legal age to use the Service;
you reside in a jurisdiction where using the Service is prohibited by law;
you have allowed or permitted (intentionally or unintentionally) someone else to play using your Poker BTC account;
you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
you have cheated when using the Service including having breached any provision of Clause 5 and/or 10.17;
you use the Site, the Service or your Poker BTC account in bad faith; or
you breach Clause 7 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity,
Poker BTC or any other company within the Group reserves the right, in its unfettered discretion, 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 all monies 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.
2. You agree to fully indemnify, defend and hold harmless Poker BTC, the Group 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:
your breach of this Agreement, in whole or in part;
violation by you of any law or any third party rights; and
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.
LIMITATION OF LIABILITY
1. Under no circumstances, including negligence, shall Poker BTC or any other member of the Group or any of its licensors (including any Third Party Providers) 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 Poker BTC had prior knowledge of the possibility of such damages.
SECURITY AND YOUR ACCOUNT
1. A User may only have one User account with Poker BTC and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Poker BTC. In the event that Poker BTC becomes aware of additional accounts opened by a User, Poker BTC may close such additional accounts without notice and may confiscate funds held in such accounts.
2. 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 other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features 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.
3. 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.
4. 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.
5. ACTIVATION. All Users may be sent an email to their registered email address for the activation of their User account. In the event that the activation process is not completed, Poker BTC reserves the right to suspend all activities on the account until the account details are verified.
6. Should a User account with a positive balance remain dormant or inactive with no account transactions for a consecutive period exceeding 30 months Poker BTC will attempt to contact you with a view to return the balance.
7. You will not be able to place any bets using the Service in an amount greater than the total amount of cryprocurrency in your User account.
8You are fully responsible for paying all owed to Poker BTC. 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 Poker BTC for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
9. Poker BTC reserves the right to run identity checks on a User, with third party reference agencies or services, using the information provided to us by a User on registration with the Service.
10. You acknowledge and agree that if your User account is “active” (i.e. you have logged into your User account at any time during the prior 12 month consecutive period) any BTC cryptocurencys deposited by you in your User account are held in a trust account on your behalf and are considered to be “End User’s Deposits”. In the event that your User account is “inactive” (i.e. you have not logged into your User account for a consecutive 12 month period, BTC cryptocurencys deposited by you in your User account will cease to be “End User’s Deposits” and will not be held in trust but will be immediately available to you for withdrawal or to use the Service in accordance with the terms of this Agreement from such time as you log into your User account and will be automatically reclassified as “End User’s Deposits”. Moreover if no transactions are recorded on your User account for 30 months, your User account will be deemed to have become “dormant” and Poker BTC reserves the right to close a User’s account.
11. Poker BTC reserves the right to close a User’s account for any reason whatsoever at any time without notice to to such User. Any balance standing to the credit of the User’s account at the time of the closure will be credited to that User’s credit card and/or sent to that User by cheque.
12. Poker BTC may close a User’s account in accordance with Clause 9.1.
13. A User may at any time request that their User account be closed by contacting [email protected] Should Poker BTC deem it unwise for the User account to be reopened, it will be closed permanently at the sole discretion of Poker BTC.
14. Users are strictly prohibited from utilising the Service to facilitate any type of illegal cryprocurrency 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 Poker BTC 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 User account blocked. If your User account is terminated or blocked in such circumstances, Poker BTC is under no obligation to refund to you any funds that may be standing to the credit of your User account at such time. In addition Poker BTC 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 Poker BTC to investigate any such activity. As Curacao-registered companie Poker BTC powerd by ENTERRA is also governed by the prevailing anti-money laundering laws of Curacao.
THIRD PARTY SOFTWARE
1. The Software contains, as a component, third party software, including software developed by the Enterra Holding inc, 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”).
2. The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
3. The Licensed Software may not be altered, modified or extracted from the Software.
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 use, by a 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.
5. All rights not expressly granted in the Licensed Software are reserved.
1. The User accepts that the historical data of each game shall be as recorded on the Poker BTC servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Poker BTC’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.
1. Poker BTC 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.
1. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Curacao. You irrevocably agree that, subject as provided below, the courts of Curacao shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive 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. Nothing in this clause shall limit the right of Poker BTC to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
1. 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.
1. Poker BTC 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.
1. No waiver by Poker BTC of any breach of any provision of this Agreement (including the failure of Poker BTC 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.
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 except in favour of any company within the Group and any Third Party Provider.
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.
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.
6. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Copyright © 2017 Poker BTC. All rights reserved.
Copyright 2001-2017 Enterra Inc. All rights reserved.
More information is available at www.Poker-BTC.com.
Poker BTC can be contacted by email at [email protected]