Enduser License Agreement
You (the “User” or “you”) should read this agreement (the “Agreement”) in its entirety prior to downloading and/or using DoingPoker. Please note that the Agreement constitutes a legally binding congruity between you and DoingPoker, which owns and operates www.DoingPoker.com (the “Site”). Please review our Privacy Policy and all Poker Rules as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Site, as posted in the About Us section of the Site?s homepage. The Agreement as well as other policies may change. It is the responsibility of the User to review and abide by the Site?s rules, policies, and this Agreement. DoingPoker, from time to time, may amend or change the Agreement, and may or may not notify you of such changes.
Introduction
DoingPoker licenses you to use the software (the “Software”) that you are about to download. This Software is for private and personal use only, and provided solely on an “as is” basis. The Software is only licensed for use by:
* Individuals who are 21 years of age or older.
* Individuals of legal age in their jurisdiction.
You shall use the Software together with your unique player identification (Player ID) and secret password, chosen by and known only to you, for access to DoingPoker servers in order to play the DoingPoker real money or play money games and tournaments.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties are in place to protect the Software.
1. Grant Of Licence. Subject to the terms and conditions contained herein, DoingPoker grants the User a non-exclusive, personal, non-transferable right to install and use the Software in order to access the DoingPoker Servers and play money games and tournaments.
2. No Warranties. DoingPoker disclaims any and all warranties (expressed or implied) in connection with the Software, the Site, and any games, all of which are provided to you “as is.? Furthermore, we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness, or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the DoingPoker servers will be uninterrupted, timely or error-free, that defects will be corrected, or that the services found therein shall be free from viruses or bugs.
3. Authority. DoingPoker retains authority over the issuing, maintenance, and closing of player´s accounts at DoingPoker. The decision of DoingPoker management, as regards any aspect of a player´s account, use of the Software, or dispute resolution is final.
4. Prohibited Uses.
a. Software Modifications.
b. User may not attempt to modify, decompile, reverse-engineer, or disassemble the Software in any way. Personal Use.
c. The Software is intended solely for your personal use. Commercial use of the Software is strictly forbidden without express permission of DoingPoker. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her real money account with DoingPoker for any purpose other than for playing money games and tournaments. Before the User plays at DoingPoker, he/she is responsible to verify the laws on gambling that govern the User use of the Software in order to determine restrictions and act in accordance thereto. The User must provide full and truthful information regarding his/her legal name and identity when DoingPoker requests such information. A User may not have more than one account with DoingPoker. Violators of this rule are subject to an account review, which may result in the suspension or termination of all accounts. Collusion.
d. Collusion between players who share hole card information by any method, commit any acts of ?chip dumping,? or talk about a hand before action is completed, is strictly forbidden. DoingPoker reserves, in addition to other measures, the right to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, to include restricting two or more Users from playing together at the same table or in the same tournament. External Player Assistance Programs (EPAs).
e. DoingPoker prohibits external player assistance programs (EPA programs) designed to provide an unfair advantage. DoingPoker defines external to mean computer software (other than the DoingPoker game client provided by DoingPoker), and non-software-based databases or profiles (e.g., web sites and subscription services). DoingPoker defines “unfair advantage” as a User accessing or compiling information on other players beyond that which the User has personally observed through the User´s own game play. Automatic Players (BOTS).
The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and money games and tournaments.
You agree that DoingPoker may take steps to detect and prevent the use of prohibited EPA programs. These steps may include, but are not limited to, examination of software programs running concurrently with the DoingPoker Software on the User´s computer.
For further information, see the DoingPoker Prohibited Program Policy at http://www.DoingPoker.com under About Us in the General Info for a detailed description of prohibited software.
5. Prohibited behavior, Language Or Content.
a. Fraudulent Behavior.
b. In the event that DoingPoker deems that a User has engaged in fraudulent, unlawful, dishonest or improper activity while using the Software or playing the Games, including without limitation, engaging in any of the activities set forth above or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, DoingPoker shall be entitled to take such action as it sees fit, including immediately blocking access to the any games or tournaments to such User, terminating such User´s account with DoingPoker, seizing all monies held in the relevant DoingPoker real money account, disclosing such information (including the identity of the User) to banks, credit card companies and/or any person or entity that has the legal right to such information, and/or taking legal action against such User. Prohibited Language or Content.
c. The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law, via the Software (i.e., Online Chat), online forums or in correspondence with DoingPoker company staff. Impersonation.
d. The User is prohibited from impersonating any person or entity, including, but not limited to a DoingPoker official, or falsely stating or otherwise misrepresenting the User?s affiliation with a person or entity. Unsolicited Content.
e. The User is prohibited from posting any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam,” forms of solicitation via the Software, any online forums, or in correspondence with DoingPoker staff or other Users. Illegal Content.
f. The user is prohibited from posting, via the Software, online forums, or in correspondence with Company staff, any material that contains (or provides links to) software viruses or any other computer codes, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scams). Begging.
g. Users are prohibited from begging for money (real or play) while playing at or observing any of our tables. Violation may result in the suspension or termination of the player´s account. Harassment.
h. Harassment of any player on our site may result in the suspension or termination of the offender?s account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments. English Only.
All conversations among an active ring game or tournament table must be conducted in English only. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of a user´s chat privileges.
6. Breach Of Use. Without prejudice to any other rights, if a User fails to comply with any of the terms and conditions contained herein, DoingPoker reserves the right to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User´s account with DoingPoker, seizing all monies held in the relevant DoingPoker real money account and/or taking legal action against such User.
7. Liability Limitation. Under no circumstances, including negligence, shall DoingPoker be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or misuse of the Software, its money games and tournaments, or your accessing the Site or the DoingPoker servers, even if DoingPoker had prior knowledge of the possibility of such damages.
8. Security. The User agrees that he/she is solely responsible for all use of the DoingPoker Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User.
9. Disputes. The User accepts that the historical data of each game shall be as recorded on DoingPoker´ servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the server the latter shall prevail.
10. Amendment. DoingPoker reserves the right to change this Agreement at any time, with or without notice, and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
11. Governing Law. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of United States of America. Each party irrevocably agrees that the relevant courts of Los Angeles, California, United States of America shall have exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Agreement and any matter arising there from. The Agreement irrevocably waives the right of any person making a claim, or anyone who objects to an action being brought in those courts, who claims that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
12. Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
13. Assignment. DoingPoker 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.
