Terms of Service

The Terms of Service was last updated on 06.04.2020

  1. Introduction
    1. Virtual Digital Services Limited (the "Company"), is incorporated under the laws of Gibraltar.
    2. PLEASE READ THE TERMS OF SERVICE SET OUT HEREIN ("TERMS OF SERVICE") CAREFULLY BEFORE USING THE GAMES PROVIDED BY THE COMPANY THROUGH THE SITE.
    3. The Agreement (as defined in point (iv) of this Section 1 below) is an agreement between you and the Company who is the operator of the website located at http://www.888poker.net/, its sub-domains and related mobile application (the "Site").
    4. Your use of the free to play poker games and tournaments (the "Games") made available through the Site is also subject to the House Rules. The Terms of Service together with the House Rules is referred to herein as the "Agreement".
    5. No-one under the age of 18 may download the Software (as defined in Section 2 point (ii)) or play the Games under any circumstances. We reserve the right to request proof of age at any stage to verify that you are of age 18 or greater. We reserve the right to cancel a person's account and exclude a person from using the Games and Software if proof of age is not provided, or if the Company suspects that a person using the Software or playing the Games is under the age of 18.
    6. To open an account with the Site simply download the Software and then follow the simple instructions to become a member.
  2. Acceptance of Agreement and Amendments
    1. By registering with the Company through the Site, playing the Games through the Site, by marking the "I accept these Terms and Conditions" box (or any other similar wording) or by downloading, installing or using the Software, you agree to be bound by the Agreement in its entirety and without reservation. As such, the Agreement constitutes a binding legal document between you and the Company and the Agreement shall govern your use of the Site, Software and Games at all times.
    2. The Company's software, which is available in either downloadable or non-download forms thorugh the Site (the "Software"), allows you to play the Games on the Site. The Company reserves the right to suspend, modify, remove or add to the Site, Games or Software in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
    3. If you do not agree to any of the provisions of this Agreement you should immediately stop using the Site, Games and Software and erase the Software from your computer and mobile device (as applicable).
    4. We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time and we will notify you of any such amendment, modification or change by publishing the new version of the Agreement on the Site. Any modified version of the Agreement will come into effect immediately when published on the Site and your continued use of the Games or the Software will be deemed to constitute your acceptance of such changes. We advise you to check for updates on a regular basis.
  3. Intellectual Property
    1. The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Games in accordance with the Agreement. You may install the Software on a hard disk or other storage device and may make back up copies of the Software, provided that such back up copies are used only by you in connection with your use of the Games through a computer of which you are the principal user. The Software's code, structure and organization are protected by intellectual property rights. You must not:
      • copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
      • sell, assign, sublicense, transfer, distribute or lease the Software;
      • make the Software available to any third party through a computer network or otherwise;
      • export the Software to any country (whether by physical or electronic means); or
      • use the Software in a manner prohibited by applicable laws or regulations. (the "Prohibited Activities").
      You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
    2. The brand names relating to 888poker, the 888 brand and the Site and any other trademarks, service marks or trade names used by the Company (the "Trade Marks") are the trademarks, service marks or trade names of the Company or any company within its group of companies or its licensors and these entities reserve all rights to such Trade Marks. In addition to the rights in the Trade Marks, the Company or any company within its group of companies or its licensors own the rights in all other content, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Internet (the "Site Content") and the Site Content is protected by copyright or other intellectual property rights. You hereby acknowledge that by using the Games or the Software you obtain no rights in the Trade Marks or the Site Content and you may only use the same in complete accordance with the Agreement.
  4. Your Representations
    You confirm and agree that:
    1. The Site, the Software and the Games are provided to you by the Company for your entertainment only and that the Games are all played with "demo money". Any and all amounts of "demo money" which you have in your account have no value whatsoever in and of themselves and are non-transferable nor redeemable for any bona fide currency.
    2. You may not withdraw any "demo money" from the Site.
    3. You do not own the "demo money" and you expressly agree that you have no right or title to any "demo money". The amounts of any "demo money" do not refer to any credit balance of real money or any of its equivalents.
    4. You are at least 18 years of age.
    5. Your account is for your sole, personal use only and it is not be used by you or any third party for the purpose of or in the course of any trade or business.
  5. Rights of the Company
    1. The Company reserves the rights to block access to the Site and the Games to any person and for any reason it sees fit.
    2. The Company reserves the right to use the contact details provided by you in order to contact you in the future in relation to marketing any other products or services offered by the Company.
  6. NO WARRANTY
    THE SITE THE SOFTWARE AND THE GAMES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SITE, SOFTWARE OR THE GAMES OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SITE, SOFTWARE OR THE GAMES LIES WITH YOU.
    THE COMPANY MAKES NO WARRANTY THAT THE SITE, SOFTWARE OR THE GAMES WILL MEET YOUR REQUIREMENTS, BE TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SOFTWARE OR THE GAMES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, SOFTWARE OR THE GAMES IS TO UNINSTALL AND CEASE USE OF THEM.
  7. Limitations of Liability
    1. You agree that you are free to choose whether to use the Site, the Software and the Games and you do so at your own discretion and risk.
    2. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Site, the Software or the Games, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
    3. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Site. We are not responsible for the content of any linked sites.
    4. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Site, the Software or the Games.
  8. Indemnity
    1. You agree to fully indemnify, defend and hold us, and our affiliates and our and their respective officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your breach of the Agreement, your violation by you of any law or the rights of any third party or your use of the Site, the Software or the Games.
    2. You further agree to fully indemnify, defend and hold us and our affiliates and our and their respective officers, directors, employees, agents, contractors and suppliers, harmless against any and all costs, expenses, liabilities and damages arising from any legal or other action taken either by or against any other user arising from any and all interaction with the Site.
  9. Terminate your Account
    1. We may terminate the Agreement and your account (including your username and password) without notice if (i) for any reason we decide to discontinue to provide the Games in general or specifically for you, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the Software or the Games has been in any way improper or breaches the spirit of this Agreement, including by way of example your use of objectionable language on the "chat" facility; or (iv) for any other reason we see fit.
    2. On termination of the Agreement you shall: (i) discontinue the use of the Software and the Games; and (ii) remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
    3. The right to terminate the Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    4. Upon the termination of the Agreement for any reason, except as otherwise provided in the Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the Agreement.
  10. General
    1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    2. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
    3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
    4. Nothing in the Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
    5. This Agreement contains the entire agreement between you and us relating to its subject matter. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in this Agreement.
    6. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
    7. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the Agreement.
    8. Subject to applicable laws and regulation, the Company may outsource any or all of the services it provides under the Agreement to third parties.
    9. In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
  11. Governing Law
    This Agreement and the relationship between the parties shall be governed by and interpreted in accordance with the laws of Gibraltar and you irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Gibraltar to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, the Agreement or otherwise arising in connection with the Agreement.
  12. Language Discrepancies
    This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.