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Terms and Conditions
You can earn up to $500 or even more for every new member you bring to PokerStrategy.com. The Tell-a-Friend programme at PokerStrategy.com is subject to the following regulations:
• There is no time limit with regards to reaching a certain StrategyPoints tier. If a member you refer needs several months to reach a certain level, you will still be eligible for the money.
• There is also no time limit for 2nd level Tell-a-Friend and the subscription revenue share.
• 2nd level Tell-a-Friend is only paid for referrals who register after 06.12.2011.
• Subscription revenue share is only paid for referrals who register after 01.11.2011.
• If a referral registers before 06.01.2007, a previous Tell-a-Friend system applies: $50 when your referral reaches 2,000 StrategyPoints.
• If a referral registers before 01.03.2007, a previous Tell-a-Friend system applies: $10 when your referral reaches 5 StrategyPoints, another $15 when he reaches 100 StrategyPoints and a further $75 when he reaches 5,000 StrategyPoints.
• If a referral registers before 06.12.2011, a previous Tell-a-Friend system applies: $10 when your referral reaches 15 StrategyPoints, another $15 when he reaches 100 StrategyPoints and a further $75 when he reaches 5,000 StrategyPoints.
• If a referral registers before 01.10.2013, a previous Tell-a-Friend system applies: $25 when your referral reaches 100 StrategyPoints, another $25 when he reaches 500 StrategyPoints, $50 when he reaches 2,000 StrategyPoints, $150 when he reaches 5,000 StrategyPoints and a further $250 when he reaches 20,000 StrategyPoints.
• The new member must register via your referral link or enter your username as the referer when registering. This cannot be changed once registration has been completed.
• The minimum payout is $50. Smaller amounts cannot be paid out.
• Smaller amounts (min. $10) can be used to buy a bankroll at one of the available rooms.
• You can use your TaF balance to buy or upgrade a software license for one of the available software products.
• In order to prevent fraud, PokerStrategy.com reserves the right to request confirmation of your identity before transferring money into your account.
Terms and Conditions
between PokerStrategy.com Ltd, 57/63 Line Wall Road, Gibraltar (hereinafter "PokerStrategy.com", "we", "our" or "us") and the Affiliate. (hereinafter "Referrer", "you" or "your").
1. Definitions and Interpretation
1.1 "Advertised Real Money Player" means a player transferred to the Site through your placement of our Marketing Materials on Advertising Mediums who fulfils the required criteria as stated in clause 5.4.
"Advertising Medium" means websites, forums, RSS feeds owned or controlled by the Referrer, emails, instant messengers or TaF-program flyers used by the Referrer for placing our Marketing Materials;
"Referrer Accruals" means any amounts accrued to the Referrer's account pursuant to his/her participation in the Tell-a-Friend programme;
"Bonus" means any free bankroll which an Advertised Real Money Player is entitled to receive upon passing the quiz on our Site and fulfilling any additional criteria required from time to time;
"Bonus Code" means a specific code we offer on our Site for our members. That code can be entered during the process of registration on one of the Poker Sites to get special types of rewards from the Poker Sites;
"Fraud Traffic" means transactions, deposits, withdrawals, revenues, Traffic or transfers of Advertised Real Money Players generated on our Services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, collusion, manipulation of the service or system, bonuses or other promotional abuse, creation of false and/or multiple accounts for the purpose of generating transfers of Advertised Real Money Players and/or Traffic to get Referrer Accruals, and unauthorised use of any third-party accounts, copyrights, trademarks and other third party Intellectual Property Rights (which, for the avoidance of doubt, includes our Intellectual Property Rights);
"Intellectual Property Rights" means rights to all existing and future patents, trade marks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software) moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration) know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof;
"Marketing Materials" means the creatives (which may include the Marks) that have been provided or otherwise made available to you by us and pre-approved by us. These include but are not limited to banners, html mailers, Personal Referrer Links, editorial columns, images, logos, photos, drawings, flyers, sketches, emails, email signatures, forum signatures, signatures created for instant messenger software, splash pages, web-pages, CD-ROMs, DVDs, Blue-Ray discs, in-games ads, magazines, videos, software, flash movies, podcasts, video podcasts, microsites and, in addition, all creatives included in our TaF-Program design package;
"Marks" means "PokerStrategy.com" and/or any brand, logo, device, mark, domain name or trade name that contains, is confusingly similar to or is comprised of the foregoing or any other name or mark owned or adopted from time to time by us or any company within the PokerStrategy.com group;
"Personal Referrer Link" means a unique hyperlink belonging to an Referrer to direct potential Real Money Players to our Site. This allows us to link the person who clicked on that specific type of link to the Referrer who placed the link."Poker Site(s)" means the poker sites where an Referrer has an account at and where we credit the Referrer's Accruals to;"Services" means the service(s) offered by us;
"Site(s)" means any websites and any other online site or platform that is owned, operated or controlled by or on behalf of PokerStrategy.com from time to time;
“Status” means the specific level of access rights to content on the Sites, as associated with an user account, which you may be granted from time to time as a user of the Site;"StrategyPoints" means PokerStrategy.com points generated by Advertised Real Money Players through our reward system. The amount of points rewarded may be amended from time to time at our discretion. Extra StrategyPoints/Bonus points generated by the Referrer by participating in a campaign/promotion count towards the Referrer status as well as the Referrer's lifetime points, but do not count towards the Referrer Accruals of the Referrer or Top100 promotion;“Subscription Fee” means the subscription fee payable in consideration for a Subscription;
“Subscription” means a subscription to the Content on the Sites, limited by Status and the Subscription Period, in respect of which a Subscription Fee is payable;
"Traffic" means directing visitors to our Site through the Marketing Materials used/placed by you as stipulated.
1.2 The clause headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions. Where the context requires, words importing the singular shall include the plural and vice versa.
2. Requirements to receive Referrer Accruals
2.1. In order to promote our Site and Services, you have to be a registered member of PokerStrategy.com. Furthermore, to get Referrer Accruals, you must have an account on one of the Poker Sites which has been created with our Bonus Code where we can credit your Referrer Accruals to on your request.The Advertised Real Money Player must not already have an account or have previously held an account with us under the same name or any other name or alias.
2.2. You have to submit all required personal details, which are accurate, true and complete, by completing the data entry form on our Site. If there is any change to your personal details as originally supplied by you during the process of registration, you shall notify us of the relevant change without delay. To confirm your details, we have the right, inter alia, to confirm your particulars by any means available to us.
2.3 Current and former employees of PokerStrategy.com and its related corporations, partners, agents, contractors, representatives and suppliers (including their immediate family members, spouses, partners and housemates), are not eligible to participate in our TaF-Program (except where PokerStrategy.com allows it).
3. Referrer obligations
3.1. Subject to these Terms & Conditions, we grant to you for the term of this agreement, the non-exclusive and non-transferable right to market and promote our Site solely by means of placing the Marketing Materials to direct players to our Site. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.2. You shall fully comply with the general terms and conditions of PokerStrategy.com, posted on our Site.
3.3 You shall use reasonable endeavours to ensure that the Advertised Real Money Players referred by you to our Site are of the age of majority to participate in our services. This includes, but is not limited to, for example not placing Marketing Materials on Advertising Mediums where the content is per se aimed at minors.
3.4 Advertised Real Money Player referred by you through placing our Marketing Materials are considered our players. You relinquish all rights and/or ownership to the players once referred to us.
3.5 You shall not open referrer accounts on behalf of other third parties. You do not have the right to open an affiliate account for third parties, brokering an referrer account or to transfer of an referrer account.
4. Marketing & Advertisements
4.1 The Marketing Materials have to be properly formatted at all times; you shall not use other non-approved Marketing Materials on Advertising Mediums to transfer players to our Site without our prior written consent. Furthermore, you will not alter the Marketing Material's appearance in any way.
4.2 Your right to use the Marks and Marketing Materials is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks and Marketing Materials in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks and Marketing Materials, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You agree that all use of the Marks and Marketing Materials by you inures to our sole benefit and that you will not obtain any rights in our Marks and Marketing Materials as a result of such use.
4.3 PokerStrategy.com reserves all of its Intellectual Property Rights in the Trademarks and Trade Secrets.
4.4 You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to or are comprised of our Marks and Marketing Materials, and you hereby agree to transfer any such registration obtained by you to us upon demand.
4.5 You shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Marks or variations thereof. In addition, you shall not include metatag keywords which are identical or similar to any of the marks.
4.6 All of your marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with these Terms & Conditions.
4.7 You shall not by yourself place and shall not authorise, procure, assist or encourage any third party to:
4.7.1 Place the Marketing Materials on Advertising Mediums where the content is not suitable, for example, if any of the content of the Advertising Medium included, but not limited to, is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable including, without limitation, content that is aimed at minors; displays sexual, pornographic or obscene acts; contains graphic violence; contains discriminatory content (whether based on race, sex, religion, nationality, ethnicity, sexual preference, physical disability, gender or otherwise).
4.7.2 Place the Marketing Materials on Advertising Mediums where the content violates the intellectual property rights of any other party.
4.7.3 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing the sites, services or gaming in general to any persons who are less than 18 years of age (or such applicable age as may apply in the relevant jurisdiction), regardless of the age of majority in the location of marketing.
4.7.4 Disparage us or otherwise damage our goodwill or reputation in any way.
4.7.5 Copy or otherwise create a website that substantially resembles the "look and feel" of our Sites, including promoting any website that resembles in any way the "look and feel" of any of our Sites, whether in whole or in part, nor utilise any such means or website to create the impression that such websites are our Sites (or any part of our Sites).
4.7.6 Frame any page of the Site(s) in whole or in part.
4.7.7 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person.
4.7.8 Alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof or otherwise attempt to intercept or redirect (including via user-installed software) traffic from or on any website or other place that participates in the TaF-Program.
4.7.9 Offer or create any so-called rake-back schemes or similar which means to offer or allow a proportion of the Real Money Player's rake to be returned to the Advertised Real Money Player in any form.
4.7.10 Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the Sites or Services on which any functions or transactions are occurring.
4.7.11 Send any unsolicited email or other electronic communication to anyone to promote our Services. Therefore, emails inviting third parties/potential Real Money Players to visit our Site shall only be sent to recipients who are linked to you in some way (e.g. friends) and/or where you can assume that they are not offended in some way by the invitation-email.
4.7.12 Attempt to communicate to members whether directly or indirectly on our Sites to solicit them to move to any website not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables.
4.7.13 Post or transmit to any other visitors or members, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any applicable law.
4.8 Without prejudice to anything else in these Terms & Conditions, if we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we shall have the right to reclaim or withhold all or parts of your Referrer Accruals and/or terminate the Terms & Conditions immediately on written notice.
5. Referrer Accruals / Credit
5.1 In the context of the TaF-Program, we may, on your request provide you with Referrer Accruals. If the Referrer does not log on our Site for six (6) months, there is no possibility for the Referrer to request a credit of the previously generated Referrer Accruals.
5.2 Of any Referrer Accruals that accrue to your benefit:
5.2.1 any amounts in excess of US$50 may be transferred to your account at any of our participating partner poker rooms or payment processors;
5.2.2 any amounts less than $50 but in excess of $10 may be used to purchase bankrolls at certain participating partner poker rooms (if any) as may be notified to you from time to time; or, in either case, may be used to purchase, or contribute towards the purchase price of, certain participating partners' software packages (if any) as may be notified to you from time to time.
5.3 We reserve the right to change any Referrer Accruals structure (or any part thereof) at any time, in our sole discretion in accordance with clause 8.2.
5.4 Criteria that have to be met by a player to be labelled as an Advertised Real Money Player:
5.4.1 The player creates an account by registering on our Site,
5.4.2 The player creates an account at one of the Poker Sites using one of our Bonus Codes,
5.4.3 When registering on our Site, the player has the possibility to enter the PokerStrategy.com username of the person who referred him. Alternatively, he can use the Referrer's Personal Referrer Link. After clicking on the Referrer's Personal Referrer Link, the Advertised Real Money Player needs to create an account by registering on our Site within 14 days to be labelled as an Advertised Real Money Player.
5.4.4 The player enters his username of a Poker Site into his PokerStrategy.com profile, whereby the account at a Poker Site must have been created by using one of our Bonus Codes.
5.4.5 The player starts playing with the Bonus and generates revenue. Alternatively, the player can start with one of our deposit bonuses and generates revenue.
5.4.6 A player fails to be labelled as an Advertised Real Money Player, as determined by us in our sole discretion, in the following situations:
• If there is any suspicion concerning fraud, including but not limited to applying/registering twice or more for a membership of him-/herself or a third person, entering invalid/false/fake personal data of him-/herself or a third person,
• if the player is fraudulent according to the standards of the respective Poker Sites,
• if the player refuses, upon request, to send a copy of his valid identity card or any other paper of identity to prove his identity,
• if the player does not enter the Bonus Code during the process of registration,
• if the player already received the Bonus once before.
5.5 Scheme for Referrer Accruals:
|StrategyPoints generated by the Advertised Real Money Player||Credits for the Referrer to the Referrer's account at one of the Poker Sites||StrategyPoints generated by the Advertised Real Money Player||Credits for the Referrer to the Referrer's account at one of the Poker Sites|
|25||additional $1||700||additional $5|
|50||additional $1||800||additional $5|
|75||additional $1||900||additional $5|
|100||additional $1||1,000||additional $5|
|200||additional $5||2,000||additional $50|
|300||additional $5||3,000||additional $50|
|400||additional $5||5,000||additional $100|
|500||additional $5||20,000||additional $250|
|Maximum amount of Referrer Accruals an Referrer can generate per Advertised Real Money Player||500 US$|
|For every Advertised Real Money Player, who registered at PokerStrategy.com on 6 December 2011 onwards, the Referrer is entitled to receive additional 10% of the Referrer Accruals generated by the respective Advertised Real Money Player. The additional 10% will not be deducted from the Referrer Accruals of the Advertised Real Money Players.|
|For every Advertised Real Money Player, who has registered at PokerStrategy.com on 1 November 2011 onwards and who has paid a Subscription Fee to be granted a Status on the Site, the Referrer is entitled to receive a bonus of additional 10% of the amount of the Subscription Fee, which the Advertised Real Money Player has paid.|
|There is no time limit for Advertised Real Money Players to generate enough StrategyPoints to reach the different StrategyPoint-levels in respect to Referrer Accruals.|
5.6 Your Referrer Accruals are personal to you and you shall have no claim to Referrer Accruals or other compensation on business secured by or through persons or entities other than you. Referrer Accruals cannot be credited for or on behalf of a third party.
5.7 In the event that we determine, in our sole discretion and/or determined by the standards of the respective Poker Sites, any activity to constitute Fraud Traffic or Fraud Transfers, or to otherwise be in contravention of these Terms & Conditions, we shall have the right to reclaim or withhold all or parts of your Referrer Accruals, delay the credit of the Referrer Accruals during verification and investigation or forfeit your Referrer Accruals.
5.8 In connection to fraud prevention, PokerStrategy.com reserves the right to withhold Referrer Accruals if the Advertised Real Money Player has not provided his personal information to PokerStrategy.com until verification of the Advertised Real Money Player's identity.
5.9 Requests concerning the credit of Referrer Accruals shall be initiated by us within 7 days. If you disagree with your Referrer Accruals, you have to send us written notice of your dispute immediately. If we make a mistake in the calculation of your Referrer Accruals, we reserve the right to correct such calculation at any time and to discount or forfeit parts of your credit.
5.10 In the event that you offer any incentives or submit any offers to potential or Advertised Real Money Players without prior approval by us, we reserve the right to terminate these Terms & Conditions, and/or refuse to pay any further Referrer Accruals.
5.11 Please note that extra StrategyPoints/Bonus points generated by the Referrer by participating in a campaign/promotion, count towards the Referrer's status as well as his lifetime points, but do not count towards the Referrer Accruals of the Referrer or Top100 promotion. These points cannot be credited to the Referrer's account at one of PokerStrategy.com's affiliate poker sites.
We will track and report Advertised Real Money Player transfers and/or activity for purposes of calculating your Referrer Accruals. The form and content of the reports may vary from time to time in our sole discretion. We hereby exclude any and all liability for the timeliness, accuracy or completeness of any such reports. We give you the possibility to get an overview about the number of Advertised Real Money Players by you, published on our Site in the TaF-Program-area.
7. Confidential Information
7.1 All information concerning the operations, structure, personnel, principals, or any other data that can reasonably be considered internal-only information shall be kept in strict confidence by you. This includes (but is not limited to) any information regarding the number of members on the Site, potential Real Money Players, transfers, bonus payments, content of the poker quiz, Referrer Accruals credited to an Referrer's account at a Poker Site, Rake amounts and any other financial, statistical or other information that is provided by us to you, whether or not such information includes a mark affirming its confidentiality. All this information shall remain confidential after the expiry of the Term. We may require you to sign a confidentiality agreement if, in our sole discretion, it determines that the information to be conveyed to you warrants such additional covenants of confidentiality.
7.2 We reserve the right to inform members that they are under an Referrer.
7.3 For compliance with regulatory requirements, nothing in these Terms & Conditions shall prohibit or restrict us from reporting the details of any Referrer or transaction hereunder to any applicable regulator.
8. Term and Termination and Consequences
8.1 These Terms & Conditions will take effect when you participate in the TaF-Program.
8.2 We reserve the right to modify any of these Terms & Conditions at any time, in our sole discretion, by posting the new version of the Terms & Conditions on our Site. All modifications to these Terms & Conditions will be effective on the date of posting or the sending of such notice (whichever is the earlier). It is your responsibility to visit the Site frequently to make sure you are up to date with the latest version of the Terms & Conditions and its provisions. If any of the modifications is unacceptable to you, your only recourse is to terminate these Terms & Conditions. Your continued participation in the TaF-Program will be deemed binding acceptance of the modification.
8.3 You may terminate these Terms & Conditions, with or without cause, immediately upon written notice to us. You can send this written notice via email to firstname.lastname@example.org.
8.4 We may terminate these Terms & Conditions, without cause at any time, upon written notice to you. We may send such written notice via email to such email address you have provided to us.
8.5 For the avoidance of doubt, termination of the Terms & Conditions will automatically end your participation in the TaF-Program and revocation of all privileges and licences granted hereunder. In particular:
8.5.1 You shall stop promoting the Sites and all rights and licenses given to you under these Terms & Conditions will terminate immediately.
8.5.2 You shall return all confidential information and cease use of any of the Marks and Marketing Materials (including deleting and purging the same from your computer systems).
8.5.3 Sections 7, 9, 10, 11 and 12.6 and such other provisions as are necessary for the interpretation or enforcement of these Terms & Conditions after termination, shall survive any termination or expiry of these Terms & Conditions.
8.6 You are not entitled to receive any Referrer Accruals after the termination date.
9.1 You warrant and undertake that:
9.1.1 You have independently evaluated the desirability of promoting the Sites and Services by using the TaF-Program.
9.1.2 You have independently evaluated the laws that apply to your activities and believe that you may participate in the TaF-Program without violating any rules or laws applicable to you.
9.1.3 You are solely responsible for any and all activities that occur under the access to and use of our Services under your username, account number, participation in the TaF-Program and password regardless of whether such access and/or use was authorised by or known to you or not.
9.1.4 You shall not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Services and/or Site(s), information or any transactions offered at the foregoing.
9.1.5 You shall not conduct criminal or otherwise unlawful or unauthorised activities and/or allow your service to be used for any criminal or otherwise unlawful activities under any law applicable to you or us.
You shall defend, indemnify and hold us and our shareholders, directors, officers, employees, agents and representatives, agents, successors and assigns harmless from and against any and all liabilities, losses, damages and costs, including attorney's fees and costs, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or undertaking by you contained in these Terms & Conditions; (b) the performance of your duties and obligations under this Terms & Conditions; (c) the negligence in performing your duties and obligations under these Terms & Conditions; (d) fraud traffic attributable to you or the Advertised Real Money Player; or (e) any injury directly or indirectly caused by your negligence or intentional acts or omissions or the unauthorized use of the TaF-Program, Sites, Services, Marks or Marketing Materials.
11. Disclaimers and Limitation of Liability
11.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE TAF-PROGRAM, ADVERTISEMENTS OR PLACEMENTS OF ADVERTISEMENTS FOR OUR SITES THROUGH YOU ON ADVERTISING MEDIUMS, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS & CONDITIONS, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE NOR OUR PROVIDERS OR UNDERLYING VENDORS ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
11.2 We may, in our sole discretion, use any available means to block, restrict, remove or discount certain Advertised Real Money Players referred by you, or reject the applications of potential Real Money Players referred by you to reduce the number of fraudulent, unprofitable transactions for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.
11.3 Our obligations under these Terms & Conditions do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the Site or Services other than as provided under these Terms & Conditions. Other than as expressly provided in these Terms & Conditions, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under these Terms & Conditions, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the Referrer Accruals generated and credited to one of your accounts at a Poker Site in relation to the Site over the previous 12 months at the time that the event giving rise to the liability arose. However, nothing in these Terms & Conditions will operate to exclude or limit either party's liability for death or personal injury arising as a result of that party's negligence or for fraud.
12.1 All notices pertaining to these Terms & Conditions will be given by email address (or such other contact address) provided by you or us and if unsatisfied with the response then to claims. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.
12.2 There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under these Terms & Conditions. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in these Terms & Conditions.
12.3 You understand that we may at any time -directly or indirectly-, enter into marketing terms with other Referrers on the same or different terms as those provided to you in these Terms & Conditions and that such Referrers may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.
12.4 Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with these Terms & Conditions or any rights under these Terms & Conditions, or sub-contract any or all of your obligations under these Terms & Conditions, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
12.5 These Terms & Conditions (including any variation or modification thereto) shall be deemed executed in Gibraltar and shall be governed by and construed in accordance with the laws of Gibraltar without giving effect to conflicts of law principles. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar for the settlement of any claim, dispute or matter arising out of or concerning these Terms & Conditions or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
12.6 Whenever possible, each provision of these Terms & Conditions will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms & Conditions or any other provision hereof.
12.7 These Terms & Conditions embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties in relation to such subject matter. Unless approved by our internal legal processes, no modifications, additions, deletions or interlineations of these Terms & Conditions are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to these Terms & Conditions or its terms.
12.8 Except insofar (and only to such extent) as these Terms & Conditions expressly provides that a third party may in their own right enforce a term of these Terms & Conditions, a person who is not a party to these Terms & Conditions has no right under any law or statute to rely upon or enforce any term of these Terms & Conditions.
12.9 Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms & Conditions.
12.10 Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of these Terms & Conditions shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of these Terms & Conditions and, in the event of a breach or threatened breach of any provision of these Terms & Conditions, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in these Terms & Conditions shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Terms & Conditions, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Date of last update: February 2014
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