Terms & Conditions
IntelliPoker End User Agreement
This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of IntelliPoker's service or products. Please note that the Agreement constitutes a legally binding agreement between you and Rational Instructional Services Ltd. (referred to herein as "IntelliPoker", "us" or "we") which owns and operates the Internet site found at www.intellipoker.com (the "Site"). IntelliPoker is an affiliate company of Rational Entertainment Enterprises Limited (referred to herein as "PokerStars") which owns and operates the Internet site found at www.pokerstars.eu (the "PokerStars Site").
As some of the services and products provided by the Site are available also to those who are not IntelliPoker Members, the terms and conditions of this Agreement also apply, mutatis mutandis, to users who are using the Site without prior registration.
1. General Terms
- Subject to the terms and conditions contained herein IntelliPoker grants you a non-exclusive, personal, non-transferable right to use the IntelliPoker services, products and content provided on the Site, including text, images, pictures, graphics, photographs, animations, videos, music and audio (the "Site Content") (and all together: the "Service"). Any person who has completed the process of registration on the Site is referred to herein as an "IntelliPoker Member".
- 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 (each of the above referred to herein as "minors"), or (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. IntelliPoker is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matters.
- We reserve the right at any time to request 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 a minor.
- The Service is intended solely for the User's personal use. A User may only have one account with IntelliPoker and shall only use the Service by means of such single account. Furthermore a User shall not permit another person to use the Service via his account.
- IntelliPoker retains authority over the issuing, maintenance, and closing of Users' accounts with IntelliPoker. The decision of IntelliPoker'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.
- You expressly allow IntelliPoker to make the following information about you available to other users of the Site (whether registered or not) as part of your public profile: your User ID, the date on which you registered on the Site, the time you last logged in to the Site, the country of your residence, the avatar you chose, your personal image, your "message" to the other users, your tournament results and your current level on the PokerStars Site.
2. No Warranties
- IntelliPoker disclaims any and all warranties, expressed or implied, in connection with the Service (including the Site Content) 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.
- The Site Content may include legal information regarding different aspects of the game of poker. This information is provided to you as general background and does not constitute, nor is it intended as, legal advice. We strongly recommend that you consult with a qualified attorney in respect of any specific matter.
- Regardless of our efforts to provide you with services of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
- IntelliPoker reserves the right to suspend, discontinue, modify, remove or add to the Service and to the Site Content in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by IntelliPoker in this regard.
- You agree that under no circumstances will IntelliPoker, or one of its affiliates, be liable or responsible for (a) any loss or damage suffered by any user of the information contained on or omitted from the Site; (b) any user's reliance on the Site Content, whether or not the Site Content is correct, current or complete, (c) the consequences of any action you or any other person takes or fails to take, whether or not based on the Site Content or as a result of the use of the Site.
3. Intellectual Property
- The term "IntelliPoker" and any other trade marks, service marks and/or trade names used by IntelliPoker on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of IntelliPoker or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks.
- The Site Content belongs to IntelliPoker or one of its group companies 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, or any part thereof. Under no circumstances may you use the Site Content without IntelliPoker's prior written consent.
- You may use the Site Content for your own personal use and research. You may not republish, retransmit, redistribute or otherwise make the material available to any other party or make the same available on any website, online service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without IntelliPoker's express prior written approval.
4. Forums, Chats and Blogs.
- As part of the Service IntelliPoker offers you the opportunity to access and to post messages regarding poker on the Site's forums, chats and blogs (together: the "Discussion Services"). Each User must fully comply with and adhere to the following provisions in order to access and use the Discussion Services. A User's access to or use of the Discussion Services will be deemed to express his or her unreserved acceptance of all of the provisions contained herein.
- Users are prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, personal or private information of or about other people or other material that would violate any law or generally be considered to be offensive. This general rule also applies when a User uses the IntelliPoker Member's images option or in correspondence with IntelliPoker's staff.
- Users are prohibited from making any statements which promote any service or product of any party except IntelliPoker or PokerStars. Furthermore, Users shall not make statements about IntelliPoker, PokerStars or the Service that are untrue or would reasonably be considered to be derogatory or critical.
- The Discussion Services are for personal and non-commercial use only. The following uses of the Discussion Services are, without limitation, prohibited: (a) advertising or selling any products, services or otherwise (whether or not for profit) soliciting others or using the Discussion Services for commercial purposes of any kind; or (b) posting on or transmitting through the Discussion Services any messages or comments for commercial purposes of any kind including, without limitation, advertisements, surveys, contests, pyramid schemes, chain letters, charity requests, petitions for signatures, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Users may not use the Discussion Services to collect or harvest personal information about other Users, including Internet addresses, for the purpose of sending any advertisements, surveys, contests, pyramid schemes, chain letters, charity requests, petitions for signatures, junk email, spamming or any duplicative solicitations through other means (email, messaging programs, etc.).
- Users are prohibited from using the Discussion Services for posting content which contains software, programs or application which may damage or adversely affect the software or hardware of the Site or of other users.
- Any of the aforementioned prohibited uses of the Discussion Services shall be deemed a violation of this Agreement and IntelliPoker shall be permitted, in its sole discretion, to take any legal or technical action it deems appropriate with respect to the same, including temporarily or permanently blocking of the User's account.
- Each User is solely responsible for the accuracy and legality of his own postings on the Discussion Services and each User will be solely liable for any false, misleading, inaccurate, infringing or other actionable material contained or referred to therein. By posting any content on the Site you warrant that you have full rights to post that content on the Site, and that the Site's use of that content does not violate any third party's rights.
- IntelliPoker reserves the right to monitor all postings made by Users and to delete or amend, without prior notice, such postings as it sees fit and Users shall have no claims whatsoever against IntelliPoker in such regard.
- Further, IntelliPoker reserves the right to permanently block access to the Discussion Services to those Users who repeatedly or severely violate the provisions herein. IntelliPoker's decision in relation to complaints received shall be final and not open to review or appeal.
- As IntelliPoker cannot, and does not undertake to monitor all postings made by Users, any Users who register a complaint about postings made to the Discussion Services may write to IntelliPoker at firstname.lastname@example.org, clearly explaining the nature of the complaint. IntelliPoker's decision in relation to complaints received shall be final and not open to review or appeal.
- You acknowledge and accept that all content posted on the Discussion Services becomes the property of IntelliPoker, and that IntelliPoker may reuse, republish and reproduce this content in any way it may deem fit, including for commercial purposes.
- Each User agrees to indemnify and keep indemnified IntelliPoker and its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from his or her use of any postings made to the Discussion Services or from any other matter relating thereto including but not limited to use of the information posted on the Discussion Services. Further, each User waives any right to bring any claim or action against IntelliPoker for any loss, damage or injury arising from use of the Discussion Services or any material posted on the Discussion Services.
- IntelliPoker does not warrant the accuracy or veracity of any material or information on the Discussion Services, the responsibility for which rests solely with the users. Each User accepts that the Discussion Services and the materials therein are posted and provided "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement. In no event will IntelliPoker be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any User's access to, or use of the Discussion Services or any material thereon or any goods, materials or services promoted therein, whether based in contract, tort and whether negligent or otherwise, even if IntelliPoker has been advised of the possibility of such damages.
- Without prejudice to any other of IntelliPoker's rights, if a User breaches in whole or in part any provision contained herein, IntelliPoker reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with IntelliPoker, or taking legal action against such User.
- You agree to fully indemnify, defend and hold harmless IntelliPoker 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.
6. Limitation of Liability
Under no circumstances, including negligence, shall IntelliPoker 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 IntelliPoker had prior knowledge of the possibility of such damages.
7. Security and Your Account
- Each User account on IntelliPoker shall be accessible through the use of a combination of a unique User ID ("User ID"), identical to your User ID on the PokerStars Site, and a unique and secret password ("Password"), which is different from the password used by you on the PokerStars Site (the User ID and the Password together being referred to as the "Login Credentials").
- 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.
- The User shall keep his/her Login Credentials secret and confidential at all times and make 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 and he/she shall bear any liability resulting therefrom.
IntelliPoker reserves the right to update or modify this Agreement or any part hereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted on 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.
9. Governing Law
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man, excluding those provisions pertaining to conflict of laws. Each party irrevocably agrees that the relevant courts of the Isle of Man 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.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this 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.
IntelliPoker 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.
- No waiver by IntelliPoker of any breach of any provision of this Agreement (including the failure of IntelliPoker 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.
- Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
- 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.
- 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.
Isle of Man, September 2008