YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
This End User Licence Agreement (the “Agreement”) should be read by you (the “User” or “you”) in its entirety. Please note that the Agreement constitutes a legally binding contract between you and the Company. The Company owns and operates the internet site SpartanPoker.com (the “Site”). The Company operates the Site under the brand name of SpartanPoker.com (together “SpartanPoker.com”).
By installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you shall not use the Software and you should promptly contact SpartanPoker.com for further instructions.
The software that you are about to download (the "Software") is being licensed to you by SpartanPoker.com for your private personal use solely on "AS IS" basis. Please note that the Software shall not be used by:
- Individuals below 21 years of age
- Individuals below the legal age of majority in their jurisdiction
You shall use the Software together with your unique Player ID ("Player ID") and unique and secret password ("Password"); chosen by and known only to you, to access the SpartanPoker.com servers (the "Servers") in order to play the play money games and tournaments available on the Site (the "Games").
The Software is protected by national and international intellectual property laws, rules and regulations.
(Each of the above action, in isolation or conjunction, shall be construed as "Unauthorized Use")
You will be solely liable for any damage, costs or expenses arising out of or in connection with any Unauthorized Use of the Software. Access from outside West Bengal is unauthorized. You further ascertain that you will be solely liable for accessing and using the SpartanPoker.com software from outside West Bengal. You shall notify SpartanPoker.com immediately upon becoming aware of any such Unauthorized Use and shall provide SpartanPoker.com reasonable assistance with any investigations conducted in the light of the information provided by you in this respect.
SpartanPoker.com disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to you "AS IS". Furthermore, we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers 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.
SpartanPoker.com EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SpartanPoker.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE. SpartanPoker.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SpartanPoker.com.
Without limiting the foregoing, you expressly understand that any other computer hardware, software, or data could be damaged by installing or using the SOFTWARE on your computer and that SpartanPoker.com is not responsible for any such damage. You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk and you are responsible for installation of the SOFTWARE and use of the SOFTWARE.
SpartanPoker.com retains authority over the issuing, maintenance, and closing of Users' accounts at SpartanPoker.com. The decision of SpartanPoker.com' 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.
User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. From time to time, SpartanPoker.com may automatically update or otherwise modify the Software, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with SpartanPoker.com. Such updates or modifications may delete or change the nature of features or other aspects of the Software, including functions you may rely upon. You hereby agree that such activities may occur at SpartanPoker.com‘s sole discretion and that SpartanPoker.com may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Software for purposes of this Agreement. By acceptance of this Agreement, you consent to such updates/modifications.
The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with SpartanPoker.com 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 SpartanPoker.com and the User is obligated to update such details in the event of any change thereto. A User may only have one account with SpartanPoker.com and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his account.
The SpartanPoker.com real money transfer facility is accessed via the "SpartanPoker.com 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 that they know who the other Users are before entering into these arrangements. Limits on transfers will be set by SpartanPoker.com per User.
As part of SpartanPoker.com' 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 SpartanPoker.com to help protect the Users and prevent SpartanPoker.com being used as a vehicle for money laundering or fraud.
The following terms and conditions also apply to the real money transfer facility:
Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. SpartanPoker.com 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, SpartanPoker.com reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly SpartanPoker.com 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.
SpartanPoker.com prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. SpartanPoker.com defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. Web sites and subscription services). SpartanPoker.com 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.
You agree that SpartanPoker.com 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 SpartanPoker.com Software on the User's computer.
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.
Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances SpartanPoker.com will be under no obligation to refund to you any monies that may be in your SpartanPoker.com account at such time.
In the event that SpartanPoker.com 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, SpartanPoker.com shall be entitled to take such action as it sees fit, including, but not limited to:
The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law, via the Software (Online Chat), Online Forums or in correspondence with Company staff.
The User is prohibited from impersonating any person or entity, including, but not limited to, a SpartanPoker.com official or falsely state or otherwise misrepresent the User's affiliation with a person or entity.
The User is prohibited from posting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" or any other form of solicitation via the Software (Online Chat), Online Forums or in correspondence with Company staff or other Users.
The user is prohibited from posting, via the Software (Online Chat), Online Forums or in correspondence with Company staff, any material that contains (or provides links to) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to "phishing" and other scams).
Users are prohibited from begging while playing at or observing any of our tables. Violation may result in the suspension or termination of the player's account.
Harassment of any player on our site may result in the suspension or termination of the offender's account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments.
All conversation at an active ring game or tournament table must be conducted in English only. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of a user's chat privileges.
The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with SpartanPoker.com' staff.
When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except SpartanPoker.com. Further, Users shall not make statements about SpartanPoker.com or the Service that are untrue or would reasonably be considered to be derogatory or critical.
Without prejudice to any other rights, if a User fails to comply with any of the terms and conditions contained herein, SpartanPoker.com reserves the right to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with SpartanPoker.com, and/or taking legal action against such User.
Under no circumstances, including negligence, shall SpartanPoker.com be liable for any special, incidental, 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 Software, the Games or your accessing the Site or the Servers, even if SpartanPoker.com had prior knowledge of the possibility of such damages
SpartanPoker.com, (IN THIS SECTION, SpartanPoker.com, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "SpartanPoker.com") SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THE PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PRODUCT OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF SpartanPoker.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
The User agrees that he/she is solely responsible for all use of the SpartanPoker.com Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefore shall be that of the User.
All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by SpartanPoker.com, SpartanPoker.com ‘s affiliates or their suppliers. All rights not specifically granted under this LICENSE are reserved by SpartanPoker.com.
The SOFTWARE may be capable of being used by you to store, process and use content created by you and third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that SpartanPoker.com may take appropriate measures to protect copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this LICENSE in the event of your use of the SOFTWARE in violation of this LICENSE or applicable laws, rules or regulations.
Separation of Components: The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly authorized by SpartanPoker.com.
Non-Circumvention: You may not bypass, modify, defeat or circumvent any of the functions or protections of the Software or any mechanisms operatively linked to the Software.
Trademarks and Notices: You may not remove, alter, cover or deface any Trademarks or notices on the Software.
Data Files: The Software may create data files automatically for use with the Software. Any such data files will be deemed as part of the Software.
Rental: You may not rent or lease the Software.
Termination: Without prejudice to any other rights, SpartanPoker.com may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy and/or erase all copies of the oftware and all of its component parts within two (2) weeks from such termination and provide SpartanPoker.com proof of such destruction and/or erasure.
The User accepts that the historical data of each game shall be as recorded on the Servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replay" features of the Software shall not be considered as the official historical record of any hand.
SpartanPoker.com reserves the right to change this Agreement at any time, with or without notice, and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
SpartanPoker.com 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.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of India, Each party irrevocably agrees that the relevant courts of India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefore 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.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the India. You irrevocably agree that, subject as provided below, the courts of India shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefore 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 SpartanPoker.com 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.
If any provision or provisions of this Agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.
SpartanPoker.com reserves the right to assign this agreement, in whole or in part, at any time without notice. The User shall not assign any of his/her rights or obligations under this Agreement.
SCOPE OF LICENSE
The Software is licensed, not sold. This agreement only gives you right to use the Software. SpartanPoker.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Software that only allows you to use it in certain ways. You may not
MODIFICATION OF LICENSE
SpartanPoker.com reserves the right to amend the specific terms of this Agreement at its sole discretion by notice to you at the email address you provided to SpartanPoker.com as part of your registration, by posting amended terms at the SpartanPoker.com, or any other legally recognizable form of notice. If you do not agree to the amended terms, with notice to you by SpartanPoker.com before they take effect, you must stop using the Software. Your continued use of the Software after notice shall be deemed to be your Agreement to be bound by such amendment.