Terms And Conditions
By using and/or viewing the SITE you represent and warrant that you are at least 18 years of age, or the legal age for gambling in your jurisdiction, and that you have the legal capacity to enter into this Agreement.
NOTICE TO USER . This is a legal contract between you ("You" or "User") and Open Table Poker. ("Licensor") concerning the software client ("Client Software") and the server software ("Server Software"), collectively the "Software". By downloading the Client Software through clicking on the "I agree button", or by exercising any of your rights hereunder, You are consenting to be bound by all terms and conditions of this End-User License Agreement ("Agreement"). If You do not agree to all terms and conditions of this Agreement, You may not proceed to download the Client Software.
LICENSE GRANT . Licensor hereby grants to You a non-exclusive, personal and non-transferable license to use the Client Software and any enhancements, improvements, updates or bug fixes thereto provided to You by Licensor or an authorized distributor of Licensor in machine executable object code form on the terms set forth below and to access the Server Software only through operation of the Client Software.
You may use the Client Software on any single server computer and make one (1) copy of the Client Software for back-up and archival purposes, provided that any copy must contain all of the original software's proprietary notices. Commercial use of the Client Software is strictly forbidden. You are only allowed to wager for Your personal entertainment. You acknowledge and agree that Your use of the Software is in a strictly personal (and not professional) capacity. Prior to any participation at www.opentablepoker.com, You are solely responsible to inform yourself of any and all laws and regulations on gambling which apply in the jurisdiction where the Software is used in order to determine any restrictions that may apply to You and to act in accordance with such restrictions. You agree and acknowledge you have reached the age of 18 or any higher legal age which may apply in Your jurisdiction under any laws and regulations on gambling.
You may not modify, alter, translate, reverse engineer, decompile, disassemble (except to the extent applicable statutory laws specifically prohibit such restriction) or otherwise attempt to derive the source code of the Software, or create derivative works based on the Software, copy the Software (except as specified above), sell, rent, lease, sublicense, distribute or otherwise transfer the Software or any rights thereto, or remove any proprietary notices or labels on the Software, or use the Software in any multi-user, network, or multiple computer environment or in any time-sharing or computer service business, or permit or enable any third parties to use the Software or do any of the foregoing acts.
SECURITY . The Server Software runs on a remote computer. User will not have access to the Server Software, except through the means provided via the operation of the Client Software. User must identify himself or herself to the Software via an unique player identification ("Player-ID") and a secret password ("Password") which shall be known only to the User. You acknowledge and agree that You are solely responsible for all use of the Software through your Player-ID and Password. You are obliged to keep Your Player-ID and Password secret and confidential. Any unauthorized use of the Player-ID or Password shall be the sole responsibility of the User and shall be deemed as his or her use. Any liability arising from any such unauthorized use shall be that of the User.
DISCLAIMER OF WARRANTIES . YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED UNDER APPLICABLE STATUTORY LAW, LICENSOR, ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING THE SOFTWARE. NEITHER LICENSOR NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY OR RELIABILITY, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AND ALL COST AND LIABILITY AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ITS USE IS ASSUMED BY YOU. THE ABOVE EXCLUSIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS.
LIMITATION OF LIABILITY . LICENSOR'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR OTHERWISE RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE OR FIFTY (50) US DOLLARS, WHICHEVER IS LOWER. TO THE EXTENT PERMITTED UNDER APPLICABLE STATUTORY LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, AND ANY OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSOR OR ITS LICENSORS OR SUPPLIERS OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS.
TITLE . The Software is protected by copyright laws and international copyright treaties. All rights, including ownership rights and all intellectual property rights, in and to the Software and related documentation and trademarks shall remain in Licensor and/or its licensors and suppliers.
TERMINATION . This Agreement, including all of Your right to use the Software, will terminate automatically and immediately if You fail to comply with this Agreement. Upon termination, You must immediately stop using the Software and You must delete all copies of the Software. If the Software is provided to You under a limited "trail period" or similar, your right to use the Software will automatically terminate upon expiry of the applicable trial period and You must then immediately stop using the Software and delete all copies of the Software. You expressly acknowledge and agree that Licensor may have included in the Software functionality that will enable Licensor to disable your use of the Software in case of Your breach of this Agreement and/or that will automatically disable your use of the Software upon expiry of any trial period.
ENTIRE AGREEMENT AND AMENDMENTS . This Agreement represents the complete agreement between You and Licensor concerning the subject matter hereof. Licensor reserves the right amend this Agreement at any time at Licensor's sole discretion, by posting a new version of the Agreement on the website www.opentablepoker.com, in which case You will be required to agree to such new terms and conditions in order to continue Your use of the Software. You acknowledge and agree that Licensor may disable your use of the Software in case you do not agree to such revised terms and conditions.
INVALIDITY . If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
GOVERNING LAW AND JURISDICTION . This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden without reference to its conflict of law principles. Any dispute arising out of this Agreement shall be settled by the Swedish courts and the parties hereby irrevocably submit to the exclusive jurisdiction of such courts.
MTT MULTI-ACCOUNT POLICY. . Ongame Network allows players to register accounts with multiple Network Operators, but has the policy that an individual may only register for any single tournament from one of these accounts.
Any player who plays in a tournament from multiple player accounts will be in violation of this policy and suffer the following consequences:
1. They will be disqualified from a tournament in-progress if the violation is detected in real-time
2. All money in all their player accounts with Ongame Network operators will be confiscated, and the accounts closed.
3. They will be permanently banned from playing on Ongame Network
Currently, due to the distributed nature of the Network, some banned players may be able to re-register through other operators' sites without detection – though this is something we are working towards preventing. When these banned players are caught, their money will be confiscated and their account closed.
At the Network's discretion, tournament pay-outs (the distribution of tournament prize monies to winners) can be held for up to 14 days if an investigation is required (though we will try to conclude all investigations within 72 hours). Investigations are predicated on automatic processes and manual checks conducted by separate support and security teams both during and after tournaments.
Where an investigation determines there is or has been a serious problem, all accounts suspected of being involved may be frozen for the duration of the investigation. This means that players will not be able to log-in or play, and they will not be able to withdraw or transfer funds. We recognize that this will be an inconvenience and we regret that this may affect innocent players.
Where an investigation requires that tournament pay-outs be held pending distribution to winners, we will endeavour to communicate this to all players involved shortly after the tournament concludes.
Ongame Network has the policy of not sharing the results of its investigations. However, where appropriate, both the results and actions being taken will be made available to players through our Operators' websites. If prizes need to be redistributed, this information will be provided directly to players.
Ongame Network recognizes that it is critically important to provide safe gaming for all our players, and to ensure that our card room is fair. We go to great lengths to eliminate all unfair advantages and are removing the potential advantage provided by using multiple accounts to register for a tournament.
We also want to be clear that cheating of any kind will absolutely not be tolerated.
|