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Rational Live Events (Malta) Limited This end user license agreement (the 'Agreement') should be read by you (the 'User' or 'you') in its entirety prior to your use of PokerStars Sochi's services or products. Please note that the Agreement constitutes a legally binding agreement between you, Rational Live Events (Malta) Limited ('RLEM') (RLEM also being referred to herein as 'The Stars Group', 'us', 'we' or 'our').
Rational Live Events (Malta) Limited is a company registered in Malta, with registration number C56850 and registered address at Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex XBX1011 Malta and licensed by the Malta Gaming Authority pursuant to which it operates the online poker games, ('Games') offered to you on the Internet site found at www.pokerstarsinsochi.com where there are the online qualifications for live poker tournaments in Sochi (the 'Site') under the license No. MGA/B2C/583/2018. The terms and conditions governing your play on Games follow below.
By entering into this Agreement, you acknowledge that PokerStars Sochi is a brand owned and controlled by a group of companies known as 'The Stars Group'. As such, where used and the context allows, the term 'Group' means RLEM together with its subsidiaries and any holding company of RLEM and any subsidiary of such holding company and any associated company with The Stars Group. In addition to the terms and conditions of this Agreement, please review our Privacy Policy, and Cookie Policy, as well as the other rules, policies and terms and conditions relating to the products and promotions available on the Site as posted on the Site 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.
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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, other rules, policies and terms and conditions that may be posted on the Site from time to time, and the Privacy Policy, and the Cookie Policyas each may be updated or modified from time to time in accordance with the provisions below and therein.
For the purposes of this Agreement, the definition of 'Software' means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore 'Software' will include The Stars Group software downloadable to your personal desktop or laptop computer ('PC') from www.pokerstarsinsochi.com and also The Stars Group mobile software application downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a 'Device') as well as all ancillary software to the Software (whether web-based software or client/server software).
The Stars Group may offer Games (as defined in Section 1.1 below) which are offered under its own brand as well as Games which are licensed to The Stars Group by a third party owner ('Third Party Providers').1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1 Subject to the terms and conditions contained herein The Stars Group grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable right to install and use the Software on your PC or Device, as the case may be, in order to access The Stars Group servers and play the Games, such as poker and online qualifications for live poker tournaments in Sochi available (the Software and Games together being the 'Service').
1.2 The Software is licensed to you by The Stars Group for your private personal use. Please note that the Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. The Stars Group 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 Stars Group, its Group companies and its licensors (including any Third Party Providers) are the sole holders of all rights in the Software and the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
- a. 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;
b. sell, assign, sublicense, transfer, distribute or lease the Software;
c. make the Software available to any third party through a computer network or otherwise;
d. export the Software to any country (whether by physical or electronic means); or
e. use the Software in a manner prohibited by applicable laws or regulations,
(each of the above is an 'Unauthorised Use').
The Stars Group, its Group companies and its licensors (including any Third Party Providers) reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify The Stars Group immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide The Stars Group with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
1.5 The terms 'PokerStars', 'PokerStars Sochi', the domain name 'pokerstarsinsochi.com and any other trade marks, service marks, signs, trade names and/or domain names used by The Stars Group on the Site and/or the Software from time to time (the 'Trade Marks'), are the trade marks, service marks, signs, trade names and/or domain names of The Stars Group and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the 'Site Content') belongs to The Stars Group and/or its Group companies and/or its licensors (including any Third Party Providers) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without The Stars Group's prior written consent.
Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by The Stars Group, its Group companies and/or its licensors (including any Third Party Providers) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of The Stars Group, its Group companies, employees, directors, officers and consultants.
1.6 You warrant that any names or images used by you in connection with the Site or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant The Stars Group and its Group companies a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.
2. NO WARRANTIES
2.1 The Stars Group disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you 'AS IS' and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
2.2 Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
2.3 The Stars Group 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 The Stars Group in this regard.
3. AUTHORITY
3.1 The Stars Group retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of The Stars Group's management, in 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. The account created by a User shall hereinafter be known as a Stars Account. The User's Stars Account will provide access to all the Site, made available to you under the terms of this Agreement, by The Stars Group, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account' or ‘account' means your Stars Account.
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 there is a risk of losing money when using the Service and that The Stars Group has no responsibility to you for any such loss;
4.2 The Stars Group is not a financial institution and no interests will accrue on monies deposited with The Stars Group;
4.3 your use of the Service is at your sole option, discretion and risk;
4.4 you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service;
4.5 The Stars Group does not provide advice to Users regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;
4.6 the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of The Stars Group and The Stars Group shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
4.7 you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.
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. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her ' account' with The Stars Group for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to The Stars Group and the User is obligated to update such details in the event of any change thereto.
5.3 REAL MONEY TRANSFERS. The Stars Group real money transfer facility is accessed via the 'Lobby' ('first click on 'Cashier' and then on 'Transfer to Player'). Users must enter the amount to transfer and the Stars ID of the intended recipient. Users are reminded that it is their responsibility to ensure they know who the other Users are before entering into these arrangements. Limits on transfers will be set by The Stars Group per User.
As part of The Stars Group's licensing agreement and in compliance with anti-money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their transfer to be processed. This allows The Stars Group to help protect the Users and prevent The Stars Group being used as a vehicle for money laundering or fraud.
The following terms and conditions also apply to the real money transfer facility:
- a. The Stars Group 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 receiver.
b. A sending User agrees that they may only make an account transfer to enable a receiving User to play the Games and not for any other purpose.
c. A receiving User agrees that they may only use the funds from an account transfer to play the Games and not for any other purpose.
d. Users cannot withdraw funds directly received from a transfer (refer to sub-paragraph (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a withdrawal request will be reviewed in accordance with The Stars Group's internal controls, policies and procedures.
The User agrees to and accepts the terms and conditions relating to real money transaction processing and currency exchange.
5.4 COLLUSION. Collusion between Users by sharing poker hole cards or by any other methods is strictly forbidden. The Stars Group reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, The Stars Group reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly The Stars Group shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
5.5 EXTERNAL PLAYER ASSISTANCE TOOLS. The Stars Group prohibits external player assistance tools ('EPA Tools') that are designed to provide an 'unfair advantage' to players. The Stars Group defines 'EPA Tools' as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). The Stars Group takes a broad view of what constitutes an 'unfair advantage' in the context of any use of EPA Tools. 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.
5.6 AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, 'robots' is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
5.7 You agree that The Stars Group may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with The Stars Group Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
5.8 CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their User account may be terminated immediately. In such circumstances The Stars Group will be under no obligation to refund to you any monies that may be in your User account at such time.
5.9 FRAUDULENT BEHAVIOR. In the event that The Stars Group deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, The Stars Group shall be entitled to take such action as it sees fit, including, but not limited to:
a. immediately blocking a User's access to the Service;
b. terminating a User's account with The Stars Group;
c. seizing the funds within a User's account;
d. disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
e. taking legal action against a User.
a. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
b. 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
c. require that funds held in a User's account and converted via the Currency Exchange Facility into a different currency be used for playing the Games before being withdrawn, transferred or used for any other purpose; and/or
d. retroactively apply any margin which was waived as part of a currency conversion transaction.
The User agrees to and accepts the terms and conditions relating to real money transaction processing and currency exchange.
5.11 NO ARBITRAGE. Users are strictly prohibited from utilising the Site and its systems to facilitate arbitrage through currency exchange transactions. Where The Stars Group deems that a User has deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the balance standing to the credit of such User's account without warning or notification.
5.12 The Stars Group prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game client) from making deposits into their User accounts or engage in Games (the 'Prohibited Jurisdictions'). They may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by The Stars Group to identify your location and providing The Stars Group with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User account.
6. WITHDRAWAL POLICY
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. The Stars Group reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time.
7. OFFENSIVE LANGUAGE OR CONTENT
7.1 The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with The Stars Group's staff.
8. BREACH
8.1 Without prejudice to any other rights, including the generality of Clause 10.3, if a User breaches in whole or in part any provision contained herein, including, without limitation, if any of the following occurs:
- a. User has more than one active account;
b. the name on a User's account with The Stars Group does not match the name on the credit card(s) used to make deposits in that account;
c. you provide incorrect or misleading information to The Stars Group when registering for the Service;
d. you are not of legal age to use the Service;
e. you reside in a jurisdiction where using the Service is prohibited by law;
f. you have allowed or permitted (intentionally or unintentionally) someone else to play using your User account;
g. you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
h. you have cheated when using the Service including having breached any provision of Clause 5 and/or 10.17;
i. you use the Site, the Service or your User account in bad faith; or
j. you breach Clause 7 by making statements that are sexually explicit or offensive in the chat facility, including expressions of bigotry, racism, hatred or profanity,
The Stars Group or any other company within the Group reserves the right, in its unfettered discretion, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User's access to the Service or to any other service offered by The Stars Group, terminating such User's account on the Site or on any other site operated by The Stars Group, seizing all monies held in the User's account on the Site or on any other site operated by The Stars Group and/or taking legal action against such User.
8.2 You agree to fully indemnify, defend and hold harmless RLEM, The Stars Group, its Group companies and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- a. your breach of this Agreement, in whole or in part;
b. violation by you of any law or any third party rights; and
c. 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.
9. LIMITATION OF LIABILITY
9.1 Under no circumstances, including negligence, shall RLEM, The Stars Group or any other member of the Group or any of its licensors (including Third Party Providers) be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if The Stars Group had prior knowledge of the possibility of such damages.
9.2 Nothing in this Agreement shall exclude or limit The Stars Group's or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
10. SECURITY AND YOUR ACCOUNT
10.1 A User may only have one User account with The Stars Group and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with The Stars Group. In the event that The Stars Group becomes aware of additional accounts opened by a User, The Stars Group may close such additional accounts without notice and may confiscate funds held in such accounts.
10.2 Each User account shall be accessible through the use of a combination of a unique Stars ID ('Stars ID'), a unique and secret password ('Password'), and other optional numeric authentication methods that the User may select (the Stars ID, Password and any other authentication features together being referred to as the 'Login Credentials'). The User is obligated to choose his/her own Stars ID and Password in accordance with the rules relating thereto.
10.3 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.
10.4 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.
10.5 If a User is using a credit or debit card, the cardholder's name on such credit or debit card MUST be the same as the name used by such User upon registration with the Site. Where this is not the case The Stars Group reserves the right to suspend the User's account. Upon the suspension by The Stars Group of an account under the circumstances described, you should contact Support for details of our verification process. Any withdrawals from a User account that are made by bank wire or cheque will only be payable to the name used in the registration process on the Site for opening the User account.
10.6 UPDATING PAYMENT DETAILS. Updating or adding additional payment details may only be done by contacting Support at support@starsaccount.com. It is your responsibility to make yourself aware of the terms upon which your payments are accepted. You are solely responsible to keep yourself informed of any changes.
10.7 ACTIVATION. All Users may be sent an email to their registered email address for the activation of their User account. In the event that the activation process is not completed, The Stars Group reserves the right to suspend all activities on the account until the account details are verified.
10.8 Should a User account with a positive balance remain dormant or inactive with no account transactions for a consecutive period exceeding 30 months The Stars Group will attempt to contact you with a view to return the balance. In the event that this is not possible, the remaining balance within that account shall be remitted to the Malta Gaming Authority.
10.9 You will not be able to place any bets using the Service in an amount greater than the total amount of money in your User account.
10.10 You are fully responsible for paying all monies owed to The Stars Group. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse The Stars Group for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
10.11 The Stars Group reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
10.12 The Stars Group reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.
10.13 You acknowledge and agree that if your User account is 'active' (i.e. you have logged into your User account at any time during the prior 12 month consecutive period) monies deposited by you in your User account are held in a trust account on your behalf and are considered to be 'End User's Deposits'. In the event that your User account is 'inactive' (i.e. you have not logged into your User account for a consecutive 12 month period, monies deposited by you in your User account will cease to be 'End User's Deposits' and will not be held in trust but will be immediately available to you for withdrawal or to use the Service in accordance with the terms of this Agreement from such time as you log into your User account and will be automatically reclassified as 'End User's Deposits'. Moreover if no transactions are recorded on your User account for 30 months, your User account will be deemed to have become 'dormant' in accordance with the provisions of the Remote Gaming Regulations under the Laws of Malta and the procedure relative thereto as mandated by law will be adhered to.
10.14 The Stars Group reserves the right to close a User's account for any reason whatsoever at any time without notice to such User. Any balance standing to the credit of the User's account at the time of the closure will be credited to that User's credit card/bank account registered with that User.
10.15 The Stars Group may close a User's account in accordance with Clause 8.1.
10.16 A User may at any time request that their User account be closed by contacting Support at support@starsaccount.com. Should The Stars Group deem it unwise for the User account to be reopened, it will be closed permanently at the sole discretion of The Stars Group.
10.17 Users are strictly prohibited from utilising the Service to facilitate any type of illegal money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If The Stars Group has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Service will be terminated immediately and/or your User account blocked. If your User account is terminated or blocked in such circumstances, The Stars Group is under no obligation to refund to you any funds that may be standing to the credit of your User account at such time. In addition The Stars Group shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with The Stars Group to investigate any such activity. As a Malta-registered company RLEM is governed by the prevailing anti-money laundering laws of Malta.
10.18 The policy and procedure for a User to effect a period of self-exclusion are set out on The Stars Group Responsible Gaming page of the Site.
10.19 If VAT, GST or any other service tax applies, hereinafter described as 'Sales Tax', we treat our revenue as being inclusive of all Sales Tax. We account for and pay this tax, where applicable, on behalf of our customers so there is no further action required by you in this regard.
10.20 You acknowledge and agree that the funds deposited in your User Account accessed via the Site may not be used or otherwise transferred into any other account accessed via any other site operated by The Stars Group. You acknowledge and agree that the funds deposited in your User Account accessed via the Site may not be used or otherwise transferred into any other account accessed via any other site operated by The Stars Group.
11. THIRD PARTY SOFTWARE
11.1 The Software contains 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').
11.2 The User's use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
11.3 The Licensed Software may not be altered, modified or extracted from the Software.
11.4 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 use, by a 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.
11.5 All rights not expressly granted in the Licensed Software are reserved.
11.6 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.
12. DISPUTES/SUPPORT
12.1 The User accepts that the historical data of each game shall be as recorded on The Stars Group servers. In the event of a discrepancy between the cards displayed on your computer and the game records on The Stars Group'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.
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In the event that a User wishes to complain or raise a query with customer support, he/she may send an email to Support (at support@starsaccount.com) and our customer support representatives will ensure that your complaint or query is referred to the appropriate specialist team. Should you remain dissatisfied with the resolution of your complaint after interacting with our customer support team you may contact the Malta Gaming Authority by sending an email to support.mga@mga.org.mt. Alternatively, you may refer the matter for alternative dispute resolution through the EU's Online Dispute Resolution Platform. For more information please visit their website and follow the guidance provided to log your complaint. As part of this process you will be requested to provide our email address which can be found by clicking here.
13. AMENDMENT
13.1 The Stars Group reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
14. GOVERNING LAW
14.1 The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Malta. You irrevocably agree that, subject as provided below, the courts of Malta shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of The Stars Group to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. This choice of law provision is without prejudice to the rights that may be granted to you as a consumer under mandatory provisions of European Union Law or of the law that would be applicable to you in the absence of such choice of law provision.
15. SEVERABILITY
15.1 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.
16. ASSIGNMENT
16.1 The Stars Group reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
17. MISCELLANEOUS
17.1 No waiver by The Stars Group of any breach of any provision of this Agreement (including the failure of The Stars Group to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
17.2 Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the Group and any Third Party Providers.
17.3 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.
17.4 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.
17.5 The User must provide full and truthful information in respect of all details and information requested by The Stars Group in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.
17.6 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 © 2018 PokerStars. 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
The Stars Group can be contacted via Support at support@starsaccount.com.
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Version 1 of the Rational Live Events (Malta) Limited End User License Agreement.
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In force from October, 2018