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, whose identification data are those contained in the online registration request available on the Sites (as defined below), TSG Interactive Plc ("TSG") and Stars Mobile Limited ("Stars Mobile") (TSG and Stars Mobile referred to herein as "The Stars Group", "us", "we" or "our").

TSG is a company registered in Malta (C53434) with registered address at Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex XBX 1011, Malta. The office address of TSG's representative in Spain is at Calle Gran Vía Puig del Castellet, 1, bloque 2, piso 1º, 07180, Santa Ponsa (Calviá), Mallorca, Islas Baleares.

TSG holds the following licenses from the Dirección General de Ordenación del Juego ("DGOJ"): OTHER GAMES No/Ref: 03-11/GO/461241/SGR, POKER No/Ref: 04-11/POQ/46124I/SGR, BLACKJACK No/Ref: BLJ/2014/006, ROULETTE No/Ref: RLT/2014/008, SLOTS No/Ref: MAZ/2014/004, BETS No/Ref: GA/2014/004, OTHER BETS No/Ref: AOC/2017/006, HORSE RACING BETS No/Ref: AHC/2017/004 and FIXED-ODDS SPORTS BETTING No/Ref: ADC/2014/003. Under such licenses TSG operates the real money games ("RM Games") offered to you on the Internet sites found at www.pokerstars.es, www.pokerstarscasino.es and www.pokerstarssports.es (the "Sites"). The terms and conditions governing your play on the RM Games follow below. Stars Mobile operates the "play money"/"play for free" games ("PM Games") offered to you on the Sites. Click here for the PM Games Terms and Conditions governing your play on the PM Games.

By entering into this Agreement, you acknowledge that PokerStars, PokerStars Casino 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 TSG together with its subsidiaries and any holding company of TSG and any subsidiary of such holding company and any associated company with The Stars Group.

The cost to you of playing RM Games on our Sites is set out in the Our Commission page, which is incorporated herein by reference. In addition to the terms and conditions of this Agreement, please review our Privacy Policy, the Cookie Policy, the PM Games Terms and Conditions, the Poker Rules, the Game Rules, the FAQs, the Sports Betting Rules, the Real Money Processing terms and conditions for the purposes of the RM Games only and the Stars Rewards terms and conditions as well as the other rules, policies and terms and conditions relating to the games and special offers available on the Sites as posted on the Sites from time to time, which are incorporated herein by reference, together with such other policies which may be established by us from time to time in connection with the Sites as well as with the Service. You will be entitled to print and/or obtain an electronic copy of each one of the above-referred documents, rules, policies and terms as well as of any eventual update or amendment of any such documents.

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 PM Games Terms and Conditions, the Poker Rules, the Game Rules, the FAQs, the Sports Betting Rules, the Real Money Processing terms and conditions and to the charges set out in the Our Commission page 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 software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstars.es, www.pokerstarscasino.es and www.pokerstarssports.es and the web-based software accessible from www.pokerstars.es, www.pokerstarscasino.es and www.pokerstarssports.es and also The Stars Group mobile software application 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).

The Stars Group may offer Games (as defined in Clause 1.1) which are offered under its own brand as well as Games which are licensed to The Stars Group by a third party owner ("Third Party Providers").

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, such as poker, card games, casino games and fixed-odds sports betting, and the PM Games (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 only. Please note that the use of the Service is strictly prohibited for the following individuals:

  1. minors and people who have been declared disabled by law or judicial resolution, pursuant to civil legislation;
  2. people who have voluntarily requested their access to gaming be prohibited or their access has been forbidden by a final unappealable court resolution;
  3. shareholders, owners, significant participants or members of TSG, management staff and employees directly involved in the development of the Games, as well as their spouses or the people with whom they live, first-degree relations, in the games managed or operated by them, regardless of whether any one of the foregoing directly or indirectly participates in the Games through third-party individuals or legal entities;
  4. athletes, trainers or any other person who directly participates in the sporting event or activity on which the relevant bet is placed;
  5. the managers of participating sporting bodies or organisers related to the sporting event or activity on which the relevant bet is placed;
  6. the judges or referees who exercise their duties during the sporting event or activity on which the relevant bet is placed, as well as the people who resolve appeals against decisions made by the judges or referees;
  7. the Chairman, directors and executives of the DGOJ, as well as their spouses or the people with whom they live, first-degree relations and all the DGOJ staff who are in charge of carrying out inspections and controls of gaming matters; and
  8. any others established in accordance with the applicable Regulations.

Please bear in mind that in connection with letters d., e. and f. above, it shall be understood as prohibited any participation or bet made on any event taking place within the framework of the competitions in which the relevant sports entity where those individuals render their sports or professional services participates in.

1.3

We reserve the right at any time to request from you evidence of age as well as any other information referred to in Clause 1.2, in order to ensure that such individuals are not using the Service. We further reserve the right to suspend or cancel your Gaming Account (as defined in Clause 2.2) and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age or any other requested evidence is not provided or if we suspect that you are underage or an individual falling within the categories set out in Clause 1.2 (ii) - (v).

1.4

The Stars Group, 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:

  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").

The Stars Group, 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 The Stars Group immediately upon becoming aware of the commission by any person of any Unauthorised 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", "PokerStars Casino", "PokerStars Sports", the domain names "pokerstars.es", "pokerstarscasino.es", "pokerstarssports.es", "pokerstarsmobile.es" and any other trade marks, service marks, signs, trade names and/or domain names used by The Stars Group on the Sites 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 The Stars Group 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 Sites, including, but not limited to, the Software, images, 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 (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 Sites 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 The Stars Group'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 The Stars Group, 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 The Stars Group, its Group companies, employees, directors, officers and consultants.

1.6

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

2. YOUR USER'S REGISTRATION AND GAMING ACCOUNT

2.1

You will be required to set up a new User Registration and Gaming Account in order to access and use the Service. In order to do so you will have to provide all the information required in the online registration form that is available on the Sites, which shall contain the participant's identification data and, in particular, any necessary identification data in order to verify that you do not fall within any of the subjective prohibitions for participating in the games as set forth by the applicable regulations. Likewise, your tax and residence identification data will be included, together with the necessary data for conducting economic transactions on the Sites. Please note that in accordance with applicable regulation (Resolution of 31stOctober 2018 from the DGOJ (as defined herein) on the modification of certain resolutions about the gambling activities set out in Law 13/2011 of 27th May on Gambling Regulation), as of 30th March 2019 we shall implement new processes for verifying the identity of Users.

2.2

Each User gaming account (a "Gaming 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 "User Registration"). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.

2.3

In accordance with applicable regulation, the process for the activation of a User's Registration will vary depending on the type of identification data provided by the User in the online registration form. For more information please read our Withdrawal Policy.

2.4

Once you have opened a new Gaming Account and registered yourself as a new user, you will be entitled to access and use the Service pursuant to this Agreement and The Stars Group will allow you access to such Service pursuant to the conditions set forth in this Agreement and subject to any limitations that may be imposed by applicable regulation. When using the Service, you are entitled to:

  1. participate in the Games;
  2. obtain clear and true information on the rules applying to any of the Games you may participate in as well as any other relevant information connected with the Service (including the amounts played, the balance of your Gaming Account and the time spent playing the Games). In particular you will be able to consult your historic information on your participation in the Games and use of the Service (including the amounts played, the balance of your Gaming Account and the time spent playing the Games);
  3. manage your Gaming Account information;
  4. manage the funds connected with your participation in the Games;
  5. receive the prizes that may be won by you in accordance with the applicable rules of the Games that you may participate in as part of the Service and the terms and conditions of this Agreement, provided that in accordance with applicable regulation, a User who has been correctly identified through an identity verification system, but has not yet undergone documentary verification, may not effect any withdrawals until the required checks against copies of valid identifying documents have been completed to the satisfaction of TSG. For more information on how certain verified identification data provided by a User in the online registration form may affect your withdrawal please see our Withdrawal Policy;
  6. file, before The Stars Group or the Spanish gaming authorities, any claim you may deem necessary in connection with your use of the Service; and
  7. register with the General Registry of Exclusions from Accessing to Gambling Activities (RGIAJ) from the Sites.

2.5

Efficacy and term of the agreement. This agreement will be in force until either of the parties decides to terminate it.

2.6

You will be entitled to close your Gaming Account at any time by notifying The Stars Group of your intention to terminate this Agreement by means of the corresponding function in the Gaming Account's management panel available on the Sites.

2.7

In the event that you do not deposit funds in or withdraw funds from your Gaming Account for a period of 24 consecutive months, The Stars Group will be entitled to suspend your Gaming Account. You will be entitled to re-activate it by contacting our customer service and identifying yourself as the owner of the Gaming Account. Your account may be cancelled in the event it is not used in a four-year period following its suspension. An account may be suspended following a two-year term of inactivity.

Likewise, The Stars Group reserves the right to terminate the present Agreement if it is suspected that you are conducting any of the prohibited uses established in Clause 7.

3. SECURITY AND YOUR USER REGISTRATION AND GAMING ACCOUNT

3.1

The User agrees that he/she is solely responsible for all use of the Service under his/her User Registration and that he/she shall not disclose the User Registration to any person whatsoever nor permit another person to use the Service via his/her Gaming Account.

3.2

The User is obliged to keep his/her User Registration secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the User Registration shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

3.3

A User may only have one User Registration and Gaming Account with The Stars Group and shall only use the Service using such single User Registration and Gaming Account. It is prohibited for a User to open multiple User Registrations and Gaming Accounts with The Stars Group. In the event that The Stars Group becomes aware of additional User Registrations and Gaming Accounts opened by a User, The Stars Group may close such additional User Registrations and Gaming Accounts without notice and may confiscate funds held in such additional Gaming Accounts.

3.4

Please note that monies held in your The Stars Group Gaming Account do not accrue interest.

3.5

You will not be able to place any bets using the Service in an amount greater than the total amount of money in your The Stars Group Gaming Account.

3.6

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.

3.7

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.

3.8

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.

3.9

You acknowledge and agree that monies deposited by you in your Gaming Account are held in a trust account on your behalf.

3.10

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 Sites. In any case, the User will be entitled to register him/herself with the General Registry of Exclusions from Accessing to Gambling Activities (RGIAJ) through a link included in the Sites.

3.11

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).

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 Sites shall be free from viruses, bugs or other contaminants. We will take all reasonable measures in order to ensure the continuity of the Service.

4.3

The Stars Group reserves the right upon providing you with reasonable prior notice to suspend, discontinue, modify, remove or add to the Service.

5. AUTHORITY

The Stars Group retains authority over the issuing, maintenance, and closing of Users' Gaming Accounts on the Sites pursuant to the terms contained herein. The decision of The Stars Group's management, with regards to any aspect of a User's Gaming Account, use of the Service, or dispute resolution shall only be open to review upon the order of the competent authorities.

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

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;

6.2

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

6.3

you are not under 18 years of age or under the legal age of majority in your jurisdiction;

6.4

you are not connecting to the Sites from jurisdictions from which it is illegal to do so;

6.5

you are not a person who is prohibited from using the Service as listed in Clause 1.2;

6.6

you have not voluntarily requested that your access to gambling is banned or have been banned by a non-appealable court decision;

6.7

you are not a shareholder, owner, interested party, executive and/or employee of The Stars Group directly involved in the operation of the Service, nor a spouse or person with whom any of the foregoing co-habit, first degree ascendant and/or descendant managing or operating the Service;

6.8

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;

6.9

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;

6.10

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;

6.11

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

6.12

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;

6.13

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

6.14

if you are identified as such a person as detailed in Clause 6.12 or 6.13, The Stars Group may immediately terminate your account and all access to any of the Service.

7. PROHIBITED USES

7.1

SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, 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 allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money 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 poker cards or by any other methods is strictly forbidden. The Stars Group 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, The Stars Group reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly The Stars Group shall have the right to terminate a User's Gaming Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

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.

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.

7.6

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 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.

7.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker 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 Gaming 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 The Stars Group Gaming Account at such time.

7.8

FRAUDULENT BEHAVIOR. In the event that The Stars Group 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 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 or money laundering, The Stars Group 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 Gaming Account with The Stars Group;
  3. seizing the funds within a User's Gaming Account;
  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 legal action against a User.

7.9

CURRENCY EXCHANGE. Users are able to effect currency exchange transactions via the Service on their PC or Device with funds standing to the credit of such User's account (the "Currency Exchange Facility"). All currency exchange transactions on the Currency Exchange Facility will take place at the current prevailing rate offered by The Stars Group for the transaction type in question. The exchange rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. Users should ensure they are aware of fluctuations in the exchange rate and the impact this may have on their available funds before using the Currency Exchange Facility. The Stars Group will not be held responsible for gains and losses incurred by Users that utilise the Currency Exchange Facility. Users should also be aware that The Stars Group applies a margin on currency exchanges effected via the Currency Exchange Facility which it may, at its discretion, waive for some types of transaction. A margin may, for instance, be applied to currency exchanges in connection with deposits or withdrawals or auto-conversion in situations where the currency exchanged is different from the currency used in the Games. The Stars Group may also, at its discretion, revoke or withdraw support for any particular currency without notice.

The use of the Currency Exchange Facility and/or User's account to engage in currency trading or speculation is strictly prohibited. To help maintain the integrity of the Currency Exchange Facility, we have the right to, in our sole discretion:

  1. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
  2. limit the number of currencies held by a User in such User's account and the amount of money that may be converted between currencies by that User; and/or
  3. require that funds held in a User's account and converted via the Currency Exchange Facility into a different currency be used for playing the Games before being withdrawn or used for any other purpose; and/or
  4. retroactively apply any margin which was waived as part of a currency conversion transaction.

The User agrees to and accepts the terms and conditions relating to real money transaction processing and currency exchange located here.

7.10

The Stars Group prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game clients) from making deposits into their Gaming Accounts or engage in RM Games (the "Prohibited Jurisdictions"). For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply 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 The Stars Group to identify your location and providing The Stars Group 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 Gaming Account.

8. WITHDRAWAL POLICY

The policy and criteria for a User to effect a withdrawal from his/her Gaming 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 or remedies set out in this Agreement, if a User breaches in whole or in part any provision contained herein, including, without limitation, if any of the following occurs:

  1. a User has more than one active account;
  2. the name on a User's Gaming Account with The Stars Group does not match the name on the credit card(s) used to make deposits in that account;
  3. you provide incorrect or misleading information to The Stars Group when registering for the Service;
  4. you become subject to restrictions that prohibit The Stars Group from dealing with you or performing any financial services for you;
  5. you are not of legal age to use the Service;
  6. you reside in a jurisdiction where using the Service is prohibited by law;
  7. you have allowed or permitted (intentionally or unintentionally) someone else to play using your Gaming Account;
  8. you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
  9. you have cheated when using the Service including having breached any provision of Clause 7;
  10. you use the Sites, the Service or your Gaming Account in bad faith; or
  11. you breach Clause 9 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity,

The Stars Group 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 Gaming Account on the Sites or on any other site operated by the Group, seizing or quarantining all monies held in the User's Gaming Account on the Sites or on any other site operated by the Group and/or taking legal action against such User.

10.2

You agree to fully indemnify, defend and hold harmless TSG, 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 User Registration (as defined below), whether or not with your authorization.

11. LIMITATION OF LIABILITY

11.1

To the maximum extent permitted by law, under no circumstances, shall TSG, The Stars Group or any of its Group companies or 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 The Stars Group had prior knowledge of the possibility of such damages.

11.2

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

12. THIRD PARTY SOFTWARE

12.1

The Software contains third party software, including casino game software licensed to us by various third parties, sports betting software developed and licensed to us by Amelco UK Limited, software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young; ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger, 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").

12.2

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

12.3

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

12.4

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.

12.5

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

12.6

The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project, by Eric S. Raymond, by Peter Steinberger 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, Eric S. Raymond, Peter Steinberger 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, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.

13. DISPUTES

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

If a User wishes to make a complaint, the User must do so by contacting our customer service team via email at support@starsaccount.es. The term for bringing a complaint is 3 months from the date the controversial gaming event or bet took place. The Stars Group will review and respond to your claim in the maximum term of one month. If the complaint cannot be resolved satisfactorily, then the User shall be entitled to refer it to the General Gambling Directorate (DGOJ). For more information on the dispute-resolution services of the DGOJ, visit its website (in Spanish).

In accordance with our Privacy Policy, we will record all telephone and electronic communications with customers in the interests of both our customers and ourselves and by entering in this Agreement you hereby consent to us doing so. In the event that a dispute cannot be resolved by The Stars Group, the relevant recording(s) may be made available to the DGOJ for the purpose of resolving the dispute.

14. AMENDMENT

The Stars Group reserves the right to update or modify this Agreement or any part thereof at any time. The Stars Group will inform you of the amendments to be introduced to this Agreement and you will be required to accept such amendments in order to continue using the Service.

15. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Spain. You irrevocably agree that, subject as provided below, the courts of Spain 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 The Stars Group 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.

16. 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.

17. 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.

18. CASINO RETURN TO PLAYER

18.1

For our casino offering, you will be able to access on the Sites the mathematical forecast of the return to player ("RTP") for each game, which refers to the relationship between stakes and winnings calculated on a one year basis. Additionally, you will be able to review information on the actual percentage return of prizes in relation to the amount gambled for each game calculated with respect to the preceding six months' period. For the avoidance of doubt, the prizes allocated to jackpots will be excluded from the calculation of such percentage, without prejudice to the information which The Stars Group wishes to provide in relation to the latter.

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 favour of any third parties not party to this Agreement other than with respect to any company within the Group and any Third Party Providers.

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.

19.6

The Spanish language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

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.

With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger

With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond

More information is available at www.pokerstars.es, www.pokerstarscasino.es and www.pokerstarssports.es.

The Stars Group can be contacted via Support.

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 Stars Mobile's service or products. Please note that the Agreement constitutes a legally binding agreement between you, and Stars Mobile Projects Limited (referred to herein as "Stars Mobile", "us", "we" or "our").

Stars Mobile operates the "play money" poker and casino games ("PM Games") offered to you on the Internet sites found at www.pokerstars.es and www.pokerstarscasino.es (the "Sites"). The terms and conditions governing your play on PM Games are below.

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

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 special offers available on the Sites as posted on the Sites 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 Mobile software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstars.es and www.pokerstarscasino.es and the web-based software accessible from www.pokerstars.es and www.pokerstarscasino.es and also the Stars Mobile mobile software application 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 Stars Mobile 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 Mobile 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 Stars Mobile 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 Sites from jurisdictions from which it is illegal to do so. Stars Mobile 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

Stars Mobile, 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").

Stars Mobile, 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 Stars Mobile immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Stars Mobile with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5

The terms "Stars Mobile", the domain names "pokerstars.es", "pokerstarscasino.es" and "pokerstarsmobile.es" and any other trade marks, service marks, signs, trade names and/or domain names used by Stars Mobile on the Sites 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 Stars Mobile 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 Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Stars Mobile 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 Sites 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 Stars Mobile'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 Stars Mobile, its Group companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of Stars Mobile, its Group companies, employees, directors, officers and consultants.

1.6

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

LICENSE FOR VIRTUAL CHIPS

1.7

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 Stars Mobile, 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.

1.8

Stars Mobile 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 Stars Mobile 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 Stars Mobile. 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.

1.9

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.

1.10

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. Stars Mobile keeps records of transactions in order to deal with any queries.

1.11

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 Stars Mobile that commences upon Acceptance by Stars Mobile of your purchase. You may cancel your contract for the purchase of a license to use Virtual Chips and ask a refund within 14 days from the date of purchase.

1.12

Stars Mobile may revise the pricing for the Service and the Virtual Chips it licenses to you through the Service at any time. You acknowledge 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.

1.13

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

Stars Mobile 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 Sites shall be free from viruses, bugs or other contaminants.

2.3

Stars Mobile 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 Stars Mobile in this regard.

3. AUTHORITY

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

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 Stars Mobile and Stars Mobile 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; and

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 Stars Mobile 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 poker cards or by any other methods is strictly forbidden. Stars Mobile 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, Stars Mobile reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Stars Mobile 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. Stars Mobile prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. Stars Mobile defines "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). Stars Mobile 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 Stars Mobile 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 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.

5.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker 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 Stars Mobile 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 Stars Mobile 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, Stars Mobile 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 Stars Mobile;
  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 Stars Mobile'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, Stars Mobile or any other of its Group companies 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 Stars Group, terminating such User's account on the Sites or on any other site operated by The Stars Group, seizing or quarantining all Virtual Chips held in the User's account on the Sites or on any other site operated by The Stars Group and/or taking legal action against such User.

7.2

You agree to fully indemnify, defend and hold harmless Stars Mobile, 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

To the extent permitted by applicable law, under no circumstances, shall Stars Mobile or any other member of The Stars 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 Stars Mobile had prior knowledge of the possibility of such damages.

8.2

Nothing in this Agreement shall exclude or limit Stars Mobile or The Stars Group 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 Stars Mobile and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Stars Mobile. In the event that Stars Mobile becomes aware of additional accounts opened by a User, Stars Mobile 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 Stars Mobile. 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 Stars Mobile for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

9.7

To the extent permitted by applicable law, Stars Mobile 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

Stars Mobile 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; ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger 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, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project by Eric S. Raymond, by Peter Steinberger 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, Eric S. Raymond, Peter Steinberger 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, the ungif software, the PSTCollectionView software 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 Stars Mobile servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on the Stars Mobile server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Re-player" features of the Software shall not be considered as the official historical record of any hand.

12. AMENDMENT

Stars Mobile reserves the right to update or modify this Agreement or any part thereof at any time without notice. Stars Mobile will inform you of the amendments to be introduced to this Agreement and you will be required to accept such amendments in order to continue using the Service.

13. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Spain. You irrevocably agree that, subject as provided below, the courts of Spain shall have 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 Stars Mobile 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. This choice of law provision is without prejudice to the rights that may be granted to you as a consumer under mandatory provisions of European Union Law or of the law that would be applicable to you in the absence of such choice of law provision.

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

Stars Mobile 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 Stars Mobile of any breach of any provision of this Agreement (including the failure of Stars Mobile 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 favour 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 Stars Mobile in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

16.6

The Spanish language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

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.

With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger

With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond

More information is available at www.pokerstars.es and www.pokerstarscasino.es.

Stars Mobile can be contacted via Support.

Publication date/time stamp: 20200421 15:00

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