PokerStars and Full Tilt Online Software End User License Agreement

Download End User License Agreement

You should read the following end user license agreements (Real Money and Play Money) and those rules, policies and terms and conditions incorporated by reference into it as set out below in their entirety prior to your use of PokerStars', PokerStars Casino's, PokerStars Sports' and Full Tilt's services or products. Please note that the End User License Agreement – Real Money Games constitutes a legally binding agreement between you and TSG Interactive Plc (Malta) and the End User License Agreement – Play Money Games constitutes a legally binding agreement between you and Stars Mobile Limited (Isle of Man).

The term "Flutter Group" in both RM and PM end-user license agreements below refers to that group of companies that are controlled, directly or indirectly, by Flutter PLC and which operate the Flutter Group's various businesses from time-to-time such as Paddy Power, Betfair, Sportsbet, FanDuel, TVG, Adjarabet, Sky Betting and Gaming and the 'PokerStars' and 'Full Tilt' brands.

Who you contract with when you play a "Real Money" Game

TSG Interactive Plc offers real money gambling games such as poker, card games, casino games and fixed-odds sports betting and pool betting ("RM Games") on the websites found at www.pokerstars.uk, uk.fulltilt.com, www.pokerstarscasino.uk and www.pokerstarssports.uk (the "Sites"). If you are playing RM Games on the Sites you are contracting with TSG Interactive Plc, a company incorporated in Malta (company number C53434) with its registered office at Villa Seminia, 8 Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta. Your use of the RM Games is subject to the terms and conditions of the End User License Agreement – RM Games between you and TSG Interactive Plc set out below.

This company is a member of The Flutter Group and offers the RM Games to you on the Sites under the 'umbrella' of the remote gambling operating license granted by the Gambling Commission of Great Britain (the "Gambling Commission") to Stars Interactive Limited (also a member of The Flutter Group) on November 1st, 2014, with license number 39108.

Who you contract with when you play a "Play For Free" Game

The "play money"/"play for free" games ("PM Games") offered to you on the Sites are offered to you by Stars Mobile Limited (Isle of Man) a company incorporated in the Isle of Man (company number 008457V) with its registered office at Douglas Bay Complex, King Edward Road, Onchan, Isle of Man, IM3 1DZ. Your use of PM Games is subject to the terms and conditions of the End User License Agreement – PM Games between you and Stars Mobile Limited set out below.

This company is also a member of the Flutter Group.

The terms of the Agreement were last updated on July 28th, 2020. Please print and retain a copy of the Agreement for your records.

END USER LICENSE AGREEMENT – REAL MONEY GAMES

This end user license agreement – RM Games (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of TSG Interactive Plc's service or products. Please note that the Agreement constitutes a legally binding agreement between you and TSG Interactive Plc a company incorporated in Malta (company number C53434) with its registered office at Villa Seminia, 8 Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta (referred to herein as "TSG", "us", "we", or "our").

We may offer you gambling products which are offered under our own brands as well as those which are licensed to TSG by a third party owner ("Third Party Providers").

In addition to the this Agreement, please review our Privacy Policy and Cookie Policy, which contain important information about how we use your personal information and cookies in providing the Sites and Service (as defined in Section 2.1 below).

The following rules, policies and terms and conditions form part of this Agreement:

References in this Agreement to the "Agreement" include all of the above rules, policies and terms and conditions as amended from time to time in accordance with Section 12 of this Agreement.

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 Poker Rules, the Games Rules, the FAQs, the Sports Betting Rules, the Real Money Processing and Currency Exchange Terms and Conditions, the Stars Rewards Terms and Conditions, and the Home Games Terms and Conditions as each may be updated or modified from time to time in accordance with the provisions below and therein.

How we protect customer funds

The Gambling Commission requires us to set out clearly in our terms and conditions information about how the funds that you deposit with us are protected in the event of our insolvency. We are required to tell you how we do this and the level of protection that you can expect for the funds that you deposit with us. Please therefore read the following notice carefully.

A sum of money equivalent to TSG's liabilities to users is kept in a special purpose Isle of Man trust account which is under the legal ownership of an independent third party trust company. The trust company holds these monies on the terms of a trust deed which require the trust company to make these monies available for withdrawal by users upon the occurrence of certain 'trigger events'. These include where TSG's remote casino operating license is revoked and not reinstated within three (3) months, where TSG fails to honour the withdrawal requests of its users in the normal course of its business or where TSG enters into voluntary winding up or liquidation or becomes insolvent. Although we cannot guarantee the return of 100% of user funds in every case The Flutter Group believes that this arrangement provides the highest level of protection for user funds available in the remote gambling industry. The Gambling Commission has published a customer funds rating system for licensees, and The Flutter Group rates its customer funds protection as 'High' in line with that rating system. You are encouraged to contact The Flutter Group for full information about the way in which we protect the funds that you deposit with TSG. Further information on our requirements with regards to the level of protection we offer can be found on the Gambling Commission's website, here.

1. ELIGIBILITY CRITERIA

1.1

Underage gambling is a criminal offence and the Service is not for use by: (i) individuals under 18 years of age; (ii) individuals under the legal gambling age in their jurisdiction; or (iii) individuals connecting to the Sites from jurisdictions from which it is illegal to do so. TSG is not able to verify the legality of the Service in each jurisdiction and it is your responsibility to ensure that your use of the Service is lawful.

1.2

To register an account and use the Service you must:

  1. be 18 years of age or older and also (if older) of the legal gambling age in your jurisdiction;
  2. you are physically located in a territory from which we accept users on our '.uk' Sites from time to time as set out in more detail in Section 1.3 below;
  3. have a valid payment method that is approved and accepted by us and which you are authorised and entitled to use (and in this regard please note that under British regulations you may not pay for gambling using a credit card as explained in more detail in Section 6.7 below);
  4. not currently be excluded or self-excluded from any of the Sites (other than where you have elected to apply your self-exclusion to some products or Sites only and have informed us of your decision);
  5. not currently be registered on the national GAMSTOP database of self-excluded persons; and
  6. register in your own name and gamble on your own account with money that you are entitled to use and for your own benefit.

1.3

Due to licensing restrictions, these Sites are only for the use of: (1) persons who wish to play the RM Games whilst they are physically located in Great Britain (whether or not they are a British citizen or resident, for example if you are on holiday in or visiting Great Britain); and (2) all persons who have registered with us using an address in Great Britain, regardless of what country they are in at the time when they wish to play the RM Games (but subject in such cases to any local law or regulation that might prevent or otherwise affect your usage of the Sites - some countries (e.g. France) will not allow persons within their borders to play on these Sites). Persons who fall into one of the foregoing two categories must make deposits into their accounts and engage in real-money play on these Sites alone and such persons will not be eligible to register on any other of our sites. Any attempt to circumvent the restrictions on play contained in this Section (for example by a person located in Great Britain, or who has provided us with an address in Great Britain, trying to access the RM Games via a Flutter Group site other than "www.pokerstars.uk", "uk.fulltilt.com", "www.pokerstarscasino.uk" and "www.pokerstarssports.uk") is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by TSG to identify your location and providing TSG with false or misleading information regarding your location. For the purposes of this Section we will treat Northern Ireland and the Channel islands as part of 'Great Britain'.

1.4

We may request from you at any time evidence of your age in order to ensure that you are of legal age to use the Service. We may suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if you do not, or are unable to, provide satisfactory proof of age or if we suspect that you are underage.

1.5

If you are: (a) registered as a self-excluded person on the GAMSTOP database of self-excluded persons; or (b) are excluded or self-excluded from any of the Sites (other than where you have elected to apply your self-exclusion to some products or Sites only and informed us of your decision), then you are not permitted to create or to attempt to create any other account on any of our Sites. We take no responsibility for, and exclude any and all forms of liability whatsoever, in cases where you violate the terms of this Agreement by opening or attempting to open multiple accounts with us and/or by providing false and/or misleading data/personal details and/or attempting to bypass limits, functionalities, exclusions and/or other responsible gaming tools previously set and/or requested by you on any of the Sites or The Flutter Group's other websites.

1.6

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

2. INTELLECTUAL PROPERTY RIGHTS

Grant of License

2.1

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 software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstars.uk, www.pokerstarscasino.uk, www.pokerstarssports.uk and uk.fulltilt.com, the web-based software accessible from www.pokerstars.uk, www.pokerstarscasino.uk, www.pokerstarssports.uk, uk.fulltilt.com, and also the mobile software applications downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a "Device") as well as all ancillary software to the Software (whether web-based software or client/server software). Subject to the terms and conditions of this Agreement we grant you a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access TSG's servers and play the RM Games made available on the Sites (the Software and RM Games together being the "Service"). The Software is for your private personal use only.

2.2

The Flutter Group and its licensors own all rights in the Software (and any underlying code, structure and organisation), including copyright, trade secrets, intellectual property and other rights. You may not, other than as expressly permitted under law:

  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);
  5. use the Software in a manner prohibited by applicable laws or regulations; or
  6. any use other than your private personal use,

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

2.3

The Flutter Group and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to you in this Agreement and retain all rights, title and interest in and to the Software.

2.4

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

2.5

The terms "PokerStars", "PokerStars Sports", "Full Tilt" and "PokerStars Casino", the domain names www.pokerstars.uk, uk.fulltilt.com, www.pokerstarscasino.uk, www.pokerstarssports.uk and uk.mobilepokerstars.com and any other trade marks, service marks, signs, trade names and/or domain names used by The Flutter 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 Flutter Group 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, Games, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belong to The Flutter Group and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You acknowledge that by using the Software 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 TSG's prior written consent.

2.6

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by The Flutter Group, 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 TSG, The Flutter Group generally and all our and its employees, directors, officers and consultants.

Your license to us

2.7

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

Third Party Software

2.8

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; PSTCollection View 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").

2.9

Your use of the Licensed Software is subject to your compliance with all of the terms and conditions of this Agreement.

2.10

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

2.11

Your use of the Licensed Software is limited to personal use and not for further resale, sublicensing or distribution or any commercial purpose.

2.12

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

2.13

The OpenSSL Toolkit, the ungif software, the PSTCollection View 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 damages arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollection View software and cryptographic software, even if advised of the possibility of such damage.

2.14

In order for you to use certain RM Games it may be necessary to provide you with Licensed Software provided by a third party. The providers of such software may require you to agree to additional terms and conditions governing the use of their products including individual RM Game supplier rules. These additional third party terms and conditions can be found within each RM Game and you should review them and ensure that you agree and consent to them prior to using any such third party Licensed Software. If you continue to play any RM Game or access any part of the Service where we have notified you that third party terms and conditions apply, we will deem you to have accepted and to be bound by the same. If you do not accept these third party terms and conditions, you may not use the relevant third party Licensed Software. You shall not interfere with, modify or reverse engineer any Software provided to you by us or any third party whether Licensed Software or any other Software.

We do not accept any liability in respect of any third party Licensed Software and in particular we do not provide any representation or warranty that any third party gambling products will comply with the terms, conditions or game rules applicable to them, all of which is the responsibility and liability of the relevant Third Party Provider.

Virtual Items

2.15

The RM Games may include virtual chips and/or other virtual items for use in the RM Games (together the "Virtual Items"). Depending on the RM Game, you may be able to "earn" Virtual Items through gameplay and/or "buy" Virtual Items by visiting the relevant purchase page(s) and completing the necessary transaction. These "real world" terms are used figuratively, and you agree that you have no right or title in Virtual Items, whether "earned" in a RM Game or "purchased" from TSG. Any "virtual currency" or similar virtual 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 to use the relevant Virtual Items in-game.

2.16

Virtual Items are for in-game use only. You may not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of a RM Game (or attempt to do any of these things). Any such action or attempted action is prohibited and void and may subject your user account to termination. In addition, you acknowledge that TSG may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Items outside of the RM Games.

2.17

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

2.18

TSG may revise the pricing for Virtual Items at any time.

2.19

You acknowledge and agree that Virtual Items will not be usable if either (a) the RM Game in question is withdrawn for any reason; or (b) the Virtual Item in question is withdrawn for any reason. TSG will endeavour to give you reasonable prior notice of any withdrawal of a RM Game/Virtual Item. If TSG does not give you such prior notice for whatever reason, you will be entitled to contact TSG for a refund of any unused Virtual Items that you have "purchased" with real money (not "earned" through gameplay) and which are affected by the withdrawal the RM Game/Virtual Item. However, if TSG gives you reasonable prior notice of a withdrawal of a RM Game or Virtual Item, you will not be entitled to a refund of any affected Virtual Items and TSG will have no further liability to you.

2.20

Save as set out in Section 2.19 above, you acknowledge that TSG is not required to provide a refund of Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items when a user account is closed, whether such closure was voluntary (e.g. where the user account is closed by you) or involuntary (e.g. where the user account is closed because you materially breach any term of this Agreement).

3. AUTHORITY

We retain authority over the issuing, maintenance, and closing of users' accounts on the Sites. Our decision with regards to any aspect of your account or use of the Service is final and shall not be open to review or appeal, subject always to your right to refer any unresolved complaints to the independent disputes resolution process set out in Section 11 of this Agreement or to bring a claim against us in accordance with Section 13.

4. YOUR PROMISES TO US

Prior to your use of the Service, and on an ongoing basis, you confirm to us that:

4.1

you understand that there is a risk of losing money when using the Service;

4.2

all details that you provide to us will be true and accurate, and you will update such information if at any time it should become out of date;

4.3

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

4.4

you meet the eligibility criteria set out in Section 1 of this Agreement;

4.5

 

  1. you are not currently subject to a self-exclusion from a Betfair, Paddy Power, Sky Betting and Gaming (which includes Sky Bet, Sky Vegas, Sky Casino, Sky Poker, Sky Lotto and Sky Bingo) website or for any of the Sites (other than where you have elected to apply your self-exclusion to some products or Sites only and have informed us of your decision);
  2. you have not signed up to a national self-exclusion register (such as GAMSTOP) which excludes you from gambling, and you will inform us as soon as possible if you enter into a self-exclusion agreement with any gambling provider;

4.6

you will only use the Service in accordance with the terms and conditions of this Agreement;

4.7

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

4.8

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

4.9

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

4.10

if you are identified as such a person as detailed in Sections 4.5, 4.8 or 4.9, TSG may immediately terminate your account and all access to any of the Service.

5. PROHIBITED USES, COLLUSION AND CHEATING

5.1

SOFTWARE MODIFICATIONS. You may not attempt to modify, decompile, reverse-engineer or disassemble the Software (including any Licensed Software from third parties) in any way.

5.2

PERSONAL USE. The Service is intended solely for your personal use and entertainment. You are only allowed to use the Service to gamble for your personal entertainment and not for any commercial purpose. Under no circumstances are you permitted to use your account for any purpose other than for using the Service (including using the Real Money Transfer Facility in any way other than as set out in Section 7 below).

5.3

COLLUSION AND CHEATING. Collusion and cheating (and any attempted collusion and cheating) by users is strictly forbidden. This includes, but is not limited to, the sharing of hole cards with other users, following a common strategy with other users, and/or deliberately playing in any way that benefits another user, we take collusion and cheating very seriously and may take various measures to prevent such activities, such as restricting seating and prohibiting 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. Users who suspect other users of the Sites of collusion or cheating should immediately report the matter to our Support.

5.4

EXTERNAL PLAYER ASSISTANCE PROGRAMS. You are prohibited from using any computer software or non-software-based system (for example websites, subscription services and physical materials) which are designed to provide you with an unfair advantage ("EPA Tools"). This includes any software or system that enables you to access or compile information on other users beyond that which you could personally observe through your own game play or that provides you with advice, direction or assistance on how to play, in real time, that goes beyond a basic level. For further information on what we deem to be an "unfair advantage" and specific guidance on what EPA Tools are prohibited, please see our Third Party Tools and Services FAQ.

5.5

AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" or "bots" is strictly forbidden in connection with the Service. All the actions that you take in relation to the Service must be executed personally by you through the user interface accessible by use of the Software and without any kind of assistance that might lead you to take a different action than you would have taken without such assistance. You should report any suspected use of "bots" by any other users to our Support.

5.6

INVESTIGATIONS. You agree that we may take steps to detect and prevent the use of prohibited EPA Tools and bots. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on your computer. You must not attempt to bypass, interfere with, or block such steps, including, without limitation, through the use of third party software.

5.7

CHIP-DUMPING. The engagement in, or attempted engagement in, chip-dumping is prohibited. Chip-dumping occurs when any user intentionally loses a hand in order to deliberately transfer his chips to another user.

5.8

FRAUDULENT BEHAVIOUR. You are prohibited from engaging in, or attempting to engage in, collusion, cheating, fraudulent, unlawful, dishonest or improper activity while using either the Service or any of the other services, products or facilities of the wider Flutter Group. This includes the opening of multiple accounts for fraudulent purposes, any game manipulation, or the making of any fraudulent payment, including without limitation, the use of a stolen bank card or fraudulent chargeback or money laundering.

5.9

CURRENCY EXCHANGE. The use of the Currency Exchange Facility (further details of which are set out in Section 7 below) and/or a user's account to engage in currency trading or speculation (rather than for the use in RM Games) is strictly prohibited.

5.10

OFFENSIVE LANGUAGE OR CONTENT. You must not post any unlawful, indecent, racist, obscene, libellous, defamatory or threatening material, or any material that would violate any law or generally be considered to be offensive, via the Service (including when using the chat function, the player images option or in correspondence with TSG's or the Flutter Group's staff).

5.11

ILLEGAL GAMBLING. To register as a player you must reside in a territory from which we accept users from time to time. You must not use the Service whilst in a territory in which it is illegal to do so.

5.12

FLUTTER EMPLOYEES. You understand that, in accordance with the Flutter's Group policies and procedures, certain officers, employees and contractors of The Flutter Group are not allowed to participate in the RM Games, and you confirm that you do not fall into any of these categories.

6. DEPOSITING AND WITHDRAWING FUNDS

6.1

The policy and criteria for a user to effect a withdrawal from his/her user account can be found in our Withdrawal Policy.

6.2

You may request a withdrawal from your account at any time. Please note the restrictions that may apply to the processing of such withdrawals as set out in the Withdrawal Policy. In particular, you will not be able to withdraw any funds from your account and we will not be obliged to return any funds to you until we have satisfactorily verified: (a) your identity and that you are of legal age to gamble; (b) that you have not deposited funds from criminal, illegal or fraudulent activities; and (c) that you have not made or attempted to make any chargebacks, cancellations or reversals of payments.

6.3

You may add funds to your account by the payment methods that we accept from time to time as listed on the Cashier. You confirm and promise to us that you are the rightful owner of the money which you deposit in your account and (in particular but without limitation) you are not depositing money originating from criminal and/or other illegal activities.

6.4

A minimum may apply to the amount that you can deposit into your account in a single transaction using certain payment methods.

6.5

We are not responsible for any charges or fees applied by your card issuer, bank or financial institution as a result of your making a deposit into your account.

6.6

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).

6.7

You may not use a credit card to deposit funds into your account. This includes depositing into your account via a money service business, such as a digital or e-wallet, where the original source of the deposited funds is a credit card.

7. CURRENCY EXCHANGE AND REAL MONEY TRANSFER FACILITIES

Use of the Currency Exchange Facility

7.1

Users are able to effect currency exchange transactions on their PC or Device using 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 TSG 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. You should ensure that you are aware of fluctuations in the exchange rate and the impact this may have on your available funds before using the Currency Exchange Facility. We will not be held responsible for any losses that you incur by using the Currency Exchange Facility, except where caused by our negligence. You should also be aware that we charge a fee on currency exchanges effected via the Currency Exchange Facility (although we may waive this fee for some types of transaction). We may also revoke or withdraw support for any particular currency without notice at any time.

7.2

To help maintain the integrity of the Currency Exchange facility, we may:

  1. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility;
  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. retrospectively apply any fee which was waived as part of a currency conversion transaction.

7.3

Your use of the Currency Exchange Facility is subject to the terms and conditions relating to real money transaction processing and currency exchange located here.

Use of the Real Money Transfer Facility

7.4

TSG's real money transfer facility is accessed via the "Lobby" (first click on "Cashier" and then on "Transfer to Player"). To undertake a transfer you must enter the amount that you wish to transfer and the username of the intended recipient. It is your responsibility to ensure that you know who the recipient is, and that the details of the transfer are accurate. The availability of transfers and limits on the amounts you can transfer from time to time may be set by TSG in its discretion.

7.5

You may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) for a transfer to be processed. This allows TSG to help protect you and other users and prevent TSG or other entities in the Flutter Group being used as a vehicle for money laundering or fraud.

7.6

The following terms and conditions also apply to the real money transfer facility:

  1. TSG reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or the receiver.
  2. If you are sending funds to another user, you agree that you may only make an account transfer to enable the recipient to play the RM Games and not for any other purpose.
  3. If you are receiving funds from another user, you agree that you may only use the funds from an account transfer to play the RM Games and not for any other purpose.
  4. You cannot withdraw funds directly received from a transfer. The funds received must be used to play the RM Games, and you may then withdraw the winnings accumulated from such play. The withdrawal of such winnings shall be subject to our Withdrawal Policy, as set out in Section 6 above.

8. CONSEQUENCES OF YOUR BREACH

8.1

In addition to our other rights set out in this Agreement and under law, if you materially breach any term of this Agreement, we may: (a) terminate your account; (b) immediately freeze or block your access to the Service, part of the Service, or to any other service offered by TSG or the wider Flutter Group; (c) and/or take legal action against you. A breach of this Agreement by a user shall be deemed to be a breach of every other agreement between the user and a member of the Flutter Group.

8.2

In addition to the above, if you are found to have engaged in, or attempted to engage in, any collusion or cheating (in breach of Section 5.3), chip dumping (in breach of Section 5.7, including where you are the recipient of funds/chips), fraudulent behaviour (in breach of Section 5.8), or illegal gambling (in breach of Section 5.11), we may seize or quarantine any funds within your account, notify other companies within the Flutter Group and disclose such information (including your identity) to any relevant financial institutions or authorities and/or any person or entity that has the legal right to such information.

8.3

You agree to reimburse us for all losses, costs and expenses, including reasonable legal fees and any other charges, that may arise as a result of a breach by you of the terms of this Agreement, any law or any third party rights.

9. LIMITATION OF LIABILITY

9.1

Nothing in this Agreement shall exclude or limit TSG's liability for: (a) death or personal injury resulting from its negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be excluded or limited under applicable law (including, for the avoidance of doubt, the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999).

9.2

We may from time-to-time be required to take certain actions that affect you and/or your user account in order to comply with our regulatory and legal obligations and in particular to comply with the regulations imposed upon us by the Gambling Commission.

9.3

You have certain legal remedies if we breach any of the statutory rights which you may enjoy apply irrespective of the terms of this Agreement. Nothing in the Agreement is intended to affect these statutory rights.

9.4

Subject to the above, we are not responsible to you for:

  1. losses not caused by our breach of the Agreement including losses arising where we exercise our rights under Section 9.2 above;
  2. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of you entered into this Agreement;
  3. business losses, and/or losses to non-consumers;
  4. losses caused by the equipment, devices and networks (including internet and telecommunication networks) you use to access the Sites and/or Service; and
  5. failure to provide the Service or to meet any of our obligations under these terms where such failure is due to events beyond our control. "Events beyond our control" means any cause beyond our reasonable control which prevents us from providing the services or fulfilling any of our other obligations under these terms and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

9.5

Subject to your rights under law as set out above:

  1. we disclaim any and all warranties, expressed or implied, in connection with the Service and any other services or products that we may offer to you from time-to-time all of which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy; and
  2. we make no promises 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 refer you to our detailed policies relating to interrupted play on the FAQs page of the Sites.

9.6

We may suspend, discontinue, modify, remove or add to the Service with immediate effect and without an obligation to provide you with notice or any liability to you where we consider it necessary for the management, maintenance or update of the Sites and/or Software.

10. USE OF YOUR ACCOUNT

Security Obligations

10.1

Your account is accessible through the use of a combination of a unique User ID ("Username"), your chosen password, and other optional numeric authentication methods that the you may select (the Username, password and any other authentication features together being referred to as the "Login Credentials").

10.2

You are responsible for all use of the Service under your Login Credentials. You must not disclose your Login Credentials to any other person nor permit another person to use the Service via your account.

10.3

You must keep your Login Credentials secret and confidential at all times and take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials due to your fault shall be your responsibility and be deemed to be your use.

Multiple accounts (CHANGES EFFECTIVE JULY 28th, 2020)

10.4

You are only permitted to hold one account for play on any 'PokerStars', 'PokerStars Casino', 'PokerStars Sports' and 'Full Tilt' Sites and shall only use the Service using this single account. You are not permitted to open multiple accounts for gambling on the Sites. If we become aware that you have opened one or more duplicate accounts, we may (in respect of each such duplicate account):

  1. close the duplicate account without notice, leaving you with only the original account (unless we have reason – for example if you have deliberately or fraudulently opened more than one account – to close all your accounts) and to treat all bonuses and promotions, and all winnings accrued from such bonuses and promotions, obtained using the duplicate account as void;
  2. void all Virtual Items obtained using the duplicate account;
  3. void all future bets/wagers made using any duplicate account; and
  4. retain the positive balance of the duplicate account.

Funds in your account

10.5

Please note that monies held in your account will not accrue any interest.

10.6

You will not be able to place any bets or stakes on RM Games in an amount greater than the total amount of money in your user account.

10.7

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

10.8

(CHANGES EFFECTIVE JULY 28th, 2020)

In order to meet our regulatory obligations and protect your funds, you accept that we or third party credit reference agencies or services on our behalf will perform such identification, credit and other verification checks from time to time as we may require or as may be required by applicable laws and regulations and/or by the relevant regulatory bodies (the "Verification Checks"). You agree to provide all requested documents/information and you accept that, until we have received the requested documents/information and completed the Verification Checks to our reasonable satisfaction, we are entitled to restrict your account in any manner that we reasonably deem appropriate, including by preventing you from placing any bets or wagers, or temporarily from withdrawing your funds. We may also ultimately suspend or close your account and/or pass on any necessary information to the relevant authorities. 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.

10.9

We may 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.

10.10

(NEW CLAUSE EFFECTIVE JULY 28th, 2020)

If we mistakenly credit your account with winnings that do not belong to you, whether this is due to a technical or human error or otherwise, the amount will remain our property and the amount will be transferred back to us from your account. We reserve the right to void any transactions placed using incorrectly/mistakenly credited funds, including related winnings paid out in error. To satisfy any such liability, we further reserve the right to freeze and withhold these funds and set-off any subsequent winnings owed to you. If prior to our becoming aware of the error you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available to us at law, the mistakenly paid amount will constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email to Support.

You may not abuse or take advantage of any error or instance of incompleteness on any of the Sites or in any of the RM Games provided by us (via any of the Sites). Should you become aware of such an error or incompleteness, please notify us immediately. If you do not comply with this Section and take advantage of or divulge any information about an error or incompleteness, we will be entitled to pursue any remedies available at law.

Responsible Gaming (CHANGES EFFECTIVE JULY 28th, 2020)

10.11

We take responsible gambling very seriously. We provide our users with the facility to exclude themselves from using the Service and/or to use other responsible gambling tools that we offer, such as time-outs and setting financial limits in relation to their gambling. Some details about these tools are set out in this Section. For more information on the responsible gambling tools that we provide (including self-exclusion), or if you have any concerns in relation to your gambling, please see our Responsible Gaming page.

10.12

We provide you with the ability to exclude yourself from playing for various periods of time. To do this, you can either:

  1. go to the main lobby of the desktop Software, select 'Tools' > 'Responsible Gaming' > 'Exclude me from playing';
  2. on mobile, go to 'More' > 'Settings & Tools' > 'Responsible Gaming'; or
  3. on the Sites, login to your account then go to 'Account' > 'Responsible Gaming'.

Self-exclusions are irreversible for the period of time selected.

10.13

On 5 May 2020 (the "Merger Date") TSG's parent company merged with the Flutter group of businesses which operate as 'Betfair' and 'Paddy Power' which together with TSG's existing group business Sky Betting and Gaming (which includes Sky Bet, Sky Vegas, Sky Casino, Sky Poker, Sky Lotto and Sky Bingo) we will refer to collectively as the "Flutter Brands".

During your period of self-exclusion we will take all reasonable steps to prevent the opening of any new accounts by you on the Sites. However, having implemented all reasonable checks and safeguards to ensure that whilst you are self-excluded you cannot use or open an account, we will not be liable for any losses you or any third party may suffer if you circumvent our self-exclusion procedures and continue to use the Service or any other service offered by The Stars Interactive Group during a period of self-exclusion, or if you continue to gamble with any third party.

You will inform us as soon as you become aware of any errors in respect of your self-exclusion or any player protection mechanisms we make available to you. If you do not inform us when you become aware of such errors, then we shall not be liable for any losses which you may suffer.

We shall not be liable for any losses you or any third party may suffer if you circumvent our self-exclusion procedures and continue to use our products or services or if you continue to gamble with any third party.

We may also terminate your right to access some or all of the Sites where we consider it reasonable to do so (for example where we receive information that you have entered into any self-exclusion agreement with any gambling provider or are registered with the GAMSTOP national database of self-excluded persons). You acknowledge and agree that neither we nor any other member of The Flutter Group will be liable to you in any way for any such actions or for any consequences of such actions.

10.14

If you are considering self-excluding, you may wish to register with GAMSTOP. GAMSTOP is a free service that enables you to self-exclude from all online gambling companies licensed in Great Britain. To find out more and to sign up with GAMSTOP please visit www.gamstop.co.uk.

11. COMPLAINTS AND DISPUTES

11.1

The historical data of each RM Game shall be as recorded on TSG's servers. In the event of a discrepancy between the records displayed on your computer and the RM Game records on TSG's server, the latter shall prevail. The user accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand and that (without prejudice to your other rights and remedies, including to bring a claim against us in accordance with Section 13) the records on TSG's servers shall be the final authority in determining results.

11.2

We hope that you are happy with the use of the Service and Sites. If, however, you have a complaint, you can follow the following procedure:

STEP 1: contact Support and provide as much detail about your complaint as you are able to. Our customer service team will do their best to respond to you within 24 hours of receiving your complaint acknowledging receipt. Our customer service team will then respond to you setting out our full response. Such response will be our final decision on the matter.

STEP 2: If our customer service team cannot resolve the complaint to your satisfaction and the complaint relates to a gambling transaction (for example the placement of a bet or wager, the grant of a bonus, account management, or your ability to access funds or winnings), you may refer the dispute for independent dispute resolution free of charge.

If you exhaust our internal complaints procedure, or your complaint has not been resolved within 8 weeks of you having made it, we will send a notification to you setting out further details as to the process to follow to do so.

Our third-party dispute resolution provider is IBAS and can be contacted at: adjudication@ibas-uk.co.uk. For further details visit IBAS' website at: http://www.ibas-uk.com.

You should note that IBAS may reject your request if it considers it to be groundless or malicious, or if you have not undertaken Step 1 of the complaints procedure above.

You acknowledge that we are required by regulation to provide information about each dispute referred to IBAS to the Gambling Commission.

You are entitled to receive a copy of the above procedure on request or upon the making of a complaint.

Alternatively, if you remain dissatisfied with the resolution of your complaint after interacting with our customer support team, you may refer to the EU's Online Dispute Resolution Platform (the "ODR"). For more information please visit their website here, and follow the guidance provided to log your complaint.

Neither IBAS' or the ODR's decisions, nor our response to your complaint, precludes you from bringing a claim against us in accordance with Section 13 below.

12. AMENDMENT

We may update or modify the terms of this Agreement from time to time to: (a) make corrections and clarifications to the terms and conditions; (b) reflect changes in law or regulation; (c) reflect operational/administrative changes and/or amendments to our policies and procedures; and (d) cater for changes in the services we provide. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to accept such changes in order to continue using the Service (you will be deemed to accept the revised Agreement by continuing to access and use the Service) and the changes will apply immediately following your acceptance. We encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Copies of previous versions of the Agreement can be obtained by writing to TSG, Villa Seminia, 8 Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta.

13. GOVERNING LAW

We shall do our best to resolve any disputes between us. Any disputes shall be subject to the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. However, if you reside elsewhere in the European Union, you still have the benefit of any applicable rights under the laws of, and the right to bring an action before the courts of, your country of habitual residence. Nothing in this Section shall limit the right of TSG to take proceedings against you in any other jurisdiction, and if TSG commences proceedings in any one or more jurisdictions this does not preclude it from commencing proceedings in any other jurisdictions.

14. SEVERABILITY

If a provision of this Agreement (or any part thereof) 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 (or any part of a provision) of the Agreement or the validity or enforceability in other jurisdictions of that or any other provision (or any other part of that or any other provision) of the Agreement.

15. ASSIGNMENT

We may assign this Agreement, in whole or in part, at any time, including to another company within The Flutter Group or any other legal entity (including but not limited to if we restructure our business or if there is a sale of our business). You may not assign any of your rights or obligations under this Agreement. We may wish to transfer our rights or obligations under these Terms and Conditions to any other company.

16. MISCELLANEOUS

16.1

If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the 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 Flutter 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

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

Copyright © 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

Version no. 1.15 of the PokerStars and Full Tilt Online Software End User License Agreement. In force from July 28th, 2020.

TSG can be contacted via Support.

END USER LICENSE AGREEMENT – PLAY MONEY GAMES

This end user license agreement – PM Games (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 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.uk, uk.fulltilt.com and www.pokerstarscasino.uk (the "Sites"). The terms and conditions governing your play on PM Games are below.

In addition to the terms and conditions of this Agreement, please review our Privacy Policy, Cookie Policy, the Poker Rules, and the Stars Rewards Terms and Conditions as well as the other rules, policies and terms and conditions relating to the games and promotions available on the 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 below 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, Cookie Policy ,and the Poker Rules as each may be updated or modified from time to time in accordance with the provisions below and therein.

1. GRANT OF LICENSE

INTELLECTUAL PROPERTY

1.1

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.uk, www.pokerstarscasino.uk and uk.fulltilt.com and the web-based software accessible from www.pokerstars.uk, www.pokerstarscasino.uk, uk.fulltilt.com and also Stars Mobile's 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). Subject to the terms and conditions of this Agreement 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. 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

The Flutter Group 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").

The Flutter Group 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 The Flutter 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”, "FullTilt" and "Stars Mobile", the domain names "www.pokerstars.uk", "www.pokerstarscasino.uk", "uk.fulltilt.com" and "uk.pokerstarsmobile.com” and any other trade marks, service marks, signs, trade names and/or domain names used by the Flutter 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 Flutter Group 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 Flutter Group 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 the Flutter Group 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, the Flutter Group generally and all of our and its 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 us for the benefit of the Flutter Group 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.

VIRTUAL ITEMS

1.7

The PM Games may include virtual chips and/or other virtual items for use in the PM Games (together the "Virtual Items"). Depending on the PM Game, you may be able to "earn" Virtual Items through gameplay and/or "buy" Virtual Items by visiting the relevant purchase page(s) and completing the necessary transaction. These "real world" terms are used figuratively, and you agree that you have no right or title in Virtual Items, whether "earned" in a PM Game or "purchased" from Stars Mobile. Any "virtual currency" or similar virtual 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 to use the relevant Virtual Items in-game.

1.8

Virtual Items are for in-game use only. You may not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of a PM Game (or attempt to do any of these things). Any such action or attempted action is prohibited and void and may subject your user account to termination. In addition, you acknowledge that Stars Mobile may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Items outside of the PM Games.

1.9

When you purchase a license to use Virtual Items in-game, Stars Mobile may send you a confirmatory email that will contain details of the Virtual Items you have ordered. Please check that the details in the confirmatory email 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.

1.10

Stars Mobile may revise the pricing for Virtual Items at any time.

1.11

You acknowledge and agree that Virtual Items will not be usable if either (a) the PM Game in question is withdrawn for any reason; or (b) the Virtual Item in question is withdrawn for any reason. Stars Mobile will endeavour to give you reasonable prior notice of any withdrawal of a PM Game/Virtual Item. If Stars Mobile does not give you such prior notice for whatever reason, you will be entitled to contact Stars Mobile for a refund of any unused Virtual Items that you have "purchased" with real money (not "earned" through gameplay) and which are affected by the withdrawal the PM Game/Virtual Item. However, if Stars Mobile gives you reasonable prior notice of a withdrawal of a PM Game or Virtual Item, you will not be entitled to a refund of any affected Virtual Items and Stars Mobile will have no further liability to you.

1.12

Save as set out in Section 1.11 above, you acknowledge that Stars Mobile is not required to provide a refund of Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items when a user account is closed, whether such closure was voluntary (e.g. where the user account is closed by you) or involuntary (e.g. where the user account is closed because you materially breach any term of this Agreement).

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

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 management, with regards to any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

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 Items have no value in and of themselves and are not transferable and exchangeable within a user account. Further, such Virtual Items 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 Items associated with your user account to a third person; and

4.4

you are aged 18 or older and also (if older) of the legal gambling age in your jurisdiction 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.

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

EXTERNAL PLAYER ASSISTANCE PROGRAMS. 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 material). 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.

5.4

COLLUSION AND CHEATING. Collusion and cheating by Users by sharing hole 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 cheating or attempt at collusion or cheating between or by 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. Users should report any suspected collusion or cheating to Support.

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 Users should report any suspected "bot" usage to Support.

5.6

EPA PREVENTION. 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 Stars Mobile Software on the User's PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his 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 account may be terminated immediately. In such circumstances Stars Mobile will be under no obligation to return or credit to you any chips that may be in your Stars Mobile 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 either the Service or any of the other services, products or facilities of the wider Flutter Group, including without limitation, engaging in any of the activities set forth in this Section 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen bank 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. notifying other companies within the Flutter Group;
  3. terminating a User's account with Stars Mobile;
  4. seizing all Virtual Items within a User's account;
  5. 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 or the Flutter Group's staff.

7. BREACH

7.1

Without prejudice to any other rights of Stars Mobile, if a User breaches in whole or in part any provision contained herein, Stars Mobile reserves the right, in our unfettered discretion to take such action as it sees fit, including terminating this Agreement and any other agreement in place between the User and any other member of the Flutter Group, immediately blocking the User's access to the Service or to any other service offered by the Flutter Group, terminating such User's account on the Sites or on any other site operated by the Flutter Group, seizing all Virtual Items held in the User's account on the Sites or on any other site operated by the Flutter Group and/or taking legal action against such User. A breach of this Agreement by a User shall be deemed to be a breach of every other agreement between the User and a member of the Flutter Group.

7.2

You agree to fully indemnify, defend and hold harmless Stars Mobile, all other Flutter Group companies and their 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;
  3. use by you of the Service; and
  4. 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

Subject to Section 8.2 below, under no circumstances, including negligence, shall Stars Mobile or any other member of the Flutter Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever arising out of the use (or misuse) of the Service even if Stars Mobile or the relevant member of the Flutter Group had prior knowledge of the possibility of such damages.

8.2

Nothing in this Agreement shall exclude or limit Stars Mobile's liability for: (a) death or personal injury resulting from its negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be excluded or limited under applicable law (including, for the avoidance of doubt, the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999).

9. SECURITY AND YOUR ACCOUNT

9.1

Each user account shall be accessible through the use of a combination of a unique User ID ("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 Items held in such additional accounts.

9.5

You will not be able to place any bets using the Service in an amount greater than the total amount of Virtual Items 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

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. 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.

10.7

In order for you to use certain PM Games it may be necessary to provide you with Licensed Software provided by a third party. The providers of such software may require you to agree to additional terms and conditions governing the use of their products including individual PM Game] supplier rules. These additional third party terms and conditions can be found within each PM Game and you should review them and ensure that you agree and consent to them prior to using any such third party Licensed software. If you continue to play any PM Game or access any part of the Service where we have notified you that third party terms and conditions apply, we will deem you to have accepted and to be bound by the same. If you do not accept these third party terms and conditions, you may not use the relevant third party Licensed Software. You shall not interfere with, modify or reverse engineer any Software provided to you by us or any third party.

We do not accept any liability in respect of any third party Licensed Software and in particular we do not provide any representation or warranty that any third party gambling products will comply with the terms, conditions or game rules applicable to them, all of which is the responsibility and liability of the relevant Third Party provider.

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 cards displayed on your computer and the PM Game records on the Stars Mobile server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.

12. AMENDMENT

Stars Mobile may update or modify the terms of this Agreement from time to time to: (a) make corrections and clarifications to the terms and conditions; (b) reflect changes in law or regulation; (c) reflect operational/administrative changes and/or amendments to our policies and procedures; and (d) cater for changes in the services we provide. Stars Mobile will notify you of material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to accept such changes in order to continue using the Service (you will be deemed to accept the revised Agreement by continuing to access the Service) and the changes will apply immediately following your acceptance. We encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Copies of previous versions of the Agreement can be obtained by writing to Stars Mobile, Douglas Bay Complex, King Edward Road, Onchan, Isle of Man IM3 1DZ. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.

13. GOVERNING LAW

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

14. SEVERABILITY

If a provision of this Agreement (or part thereof) 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 (or any other part of a provision) hereof or the validity or enforceability in other jurisdictions of that or any other provision (or any other part 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 Flutter 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 English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

Copyright © 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

Version no. 1.10 of the Stars Mobile End User License Agreement (PM Games).
In force from July 28th, 2020.

Stars Mobile can be contacted via Support.

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