|
This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and My Flash Gaming Inc. (referred to herein as "MyFlashGaming") which owns and operates the Internet site found at www.BlackFeltGaming.com (the "Site")
Introduction
The software that you are about to download (the "Software") is being licensed to you by MyFlashGaming for your private personal use solely on "AS IS" basis. Please note that the Software 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.
You shall use the Software together with your unique Email Address and Screen Name ("Email Address and Screen Name") and unique and secret password ("Password") chosen by and known only to you, to access the MyFlashGaming servers (the "Servers") in order to play the MyFlashGaming "play for real money" or "play for demo money" games (the "Games").
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
GRANT OF LICENSE.
Subject to the terms and conditions contained herein MyFlashGaming grants the User a non-exclusive, personal, non-transferable right to use the Software in order to access the Servers and play the Games.
NO WARRANTIES.
MyFlashGaming disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games all of which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their 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 Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses of bugs.
PROHIBITED USES.
SOFTWARE MODIFICATIONS - User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
PERSONAL USE - The Software is intended solely for your personal use.
COLLUSION - Collusion between players by sharing hole cards or by other methods is strictly forbidden. MyFlashGaming 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, including restricting two or more Users from playing together at the same table or in the same tournament.
EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA) - MyFlashGaming prohibits External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. MyFlashGaming defines External to mean computer software (other than the MyFlashGaming game client provided by MyFlashGaming), and non-software-based databases or profiles (e.g. web sites and subscription services). MyFlashGaming defines an "Unfair Advantage" as 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 the Games. All actions taken in relation to the Games by a User must be executed personally by players through the user interface accessible by use of the Software.
You agree that MyFlashGaming 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 MyFlashGaming Software on the User's computer. In the event that MyFlashGaming deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software or playing the Games, including without limitation a User who has colluded or attempted to collude with another user of the Software, or has used Prohibited EPA programs, MyFlashGaming shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with MyFlashGaming and seizing all monies held in the relevant MyFlashGaming "real money account".
LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall MyFlashGaming 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, the Games or your accessing the Site or the Servers, even if MyFlashGaming had prior knowledge of the possibility of such damages.
SECURITY.
The User agrees that he/she is solely responsible for all use of the MyFlashGaming Software through his/her Email Address, Screen Name and Password. The User is obliged to keep his/her Email Address, Screen Name and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Email Address and/or Screen Name 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.
PERSONAL USE.
Commercial use of the Software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his "real money account" with MyFlashGaming for any purpose other than for playing the Games and in the event that MyFlashGaming determines that the foregoing provision has been breached by a User MyFlashGaming reserves the right to immediately block access to the Games to such User, to terminate such User's account with MyFlashGaming and to seize all monies held in the relevant MyFlashGaming "real money account". The User agrees that his/her use of the Games is in a personal (and not professional) capacity. Before the User participates at MyFlashGaming, he/she is responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto.
TERMINATION.
Without prejudice to any other rights, MyFlashGaming may immediately terminate this Agreement if you fail to comply with the terms and conditions contained herein. In such event, you must destroy all of your copies of the Software.
AMENDMENT.
MyFlashGaming 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.
GOVERNING LAW.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of the United States. Each party irrevocably agrees that the relevant courts of the United States shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising there from and irrevocably waives 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.
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.
Please note that before requesting a withdrawal all users must have made a deposit. This is a security feature that applies to all customers.
Please note that if you chose to participate and take advantage of our instant money bonus offers then you will need to earn 200 comp points before you can make a cash out request. Please note that there are several instant money bonuses that you can choose to participate in. Such as the affiliated players instant no deposit sign up bonus or our free instant money deposit bonuses. If you choose to take advantage of multiple instant deposit bonuses, please note that the comp point restriction of 200 comp points applies for each bonus.
In the case that the MyFlashGaming system experiences a loss of connectivity. Please note that all funds that you had in your possession are automatically placed back into your user account. In the instance where we had to end a tournament the total prize pool will be distributed with the remaining players at that time.
The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law, via the Software or in correspondence with Company staff.
Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances MyFlashGaming will be under no obligation to refund to you any monies that may be in your MyFlashGaming account at such time.
In the event that MyFlashGaming 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 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, MyFlashGaming shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User's account with MyFlashGaming, seizing all monies held in the User's MyFlashGaming account, 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 taking legal action against such User.
|