User License Agreement

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of WPT Global Puke service or products. Please note that the Agreement constitutes a legally binding agreement between you and WPT Global Puke  ("us" or "we"). 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 and the Privacy Policy and as each may be updated or modified from time to time in accordance with the provisions below and therein.

 

1. GRANT OF LICENSE • INTELLECTUAL PROPERTY

1.1 Subject to the terms and conditions contained herein WPT Global Puke grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your Device, as the case may be, in order to access the WPT Global Puke servers and plays the GC Games (the "Games") available (the Software and Games together being the "Service").

1.2 The Software is licensed to you by WPT Global Puke 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 Sites from jurisdictions from which it is illegal to do so. WPT Global Puke 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 WPT Global Puke, its company and its licensors 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 law:

a. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, translate the Software or make any attempt to access the source code to create derivative works; 
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); 
e. use the Software in a manner prohibited by applicable laws or regulations.

(each of the above is an "Unauthorised Use").

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 WPT Global Puke immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide WPT Global Puke with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5 You warrant that any names or images used by you in connection with the Sites or Services (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant WPT Global Puke and its company a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Sites or Service, subject to the terms of our Privacy Policy.

1.6 WPT Global Puke prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by WPT Global Puke in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by WPT Global Puke. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.

 

2. NO WARRANTIES

2.1 WPT Global Puke 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 Sites shall be free from viruses, bugs or other contaminants.

2.3 WPT Global Puke 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 WPT Global Puke in this regard.

 

3. AUTHORITY

WPT Global Puke retains authority over the issuing, maintenance, and closing of Users' accounts on the Sites. The decision of WPT Global Puke management, as regards 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.

 

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 Your use of the Service is at your sole option, discretion and risk;

4.2 In compliance with our regulatory requirements and in order for you to access and use our software and/or our services through any of our websites you will need to provide us with certain personal details about yourself (including details regarding your methods of payment) as well as consenting us (or third parties acting on our behalf) to have access to or make of your location data and/or such other data or information that may be derived from your device/computer, to enable the Service/software to be made available to you. You hereby consent to us (or third parties acting on our behalf) to access and use such data for the purposes outlined above. You are not permitted to use our software and/or services if you do not wish to be bound by this provision. 

4.3 The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of WPT Global Puke and WPT Global Puke shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

4.4 You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf).

 

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 and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to WPT Global Puke and the User is obligated to update such details in the event of any change thereto.

5.3 COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. WPT Global Puke 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, WPT Global Puke reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly WPT Global Puke 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.

5.4 EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). WPT Global Puke prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. WPT Global Puke defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). WPT Global Puke defines an “Unfair Advantage” as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User’s own game play. We encourage you to read our Prohibited Online Software FAQ.

5.5 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.

5.6 You agree that WPT Global Puke 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 WPT Global Puke Software on the User’s PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps.

 

5.7 FRAUDULENT BEHAVIOR. In the event that WPT Global Puke 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, WPT Global Puke 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 WPT Global Puke;

c. seizing all Virtual Chips within a User’s account; and/or

d. taking legal action against a User.

 

6. OFFENSIVE LANGUAGE OR CONTENT

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 with respect to the Card Room Rules, the player images option or in correspondence with WPT Global Puke staff.

 

7. BREACH

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, WPT Global Puke or its company which provides services to the User reserves the right 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 company, terminating such User’s account on the Sites or on any other site operated by the company, seizing all Virtual Chips held in the User’s account on the Sites or on any other site operated by the company and/or taking legal action against such User.

 

8. LIMITATION OF LIABILITY

8.1 Under no circumstances, including negligence, shall WPT Global Puke or any other member of the company 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 WPT Global Puke had prior knowledge of the possibility of such damages.

8.2 Nothing in this Agreement shall exclude or limit WPT Global Puke’s or the company's liability for: 
a. death or personal injury resulting from its negligence; or 
b. fraud or fraudulent misrepresentation.

 

9. SECURITY AND YOUR ACCOUNT

9.1 Each User account shall be accessible through the use of a combination of a unique phone number, a unique and secret password ("Password"), referred to as the "Login Credentials"). The User is obligated to choose his/her own password in accordance with the rules relating thereto.

9.2 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.

9.3 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 there from shall be that of the User.

9.4 A User may only have one User account with WPT Global Puke and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with WPT Global Puke. In the event that WPT Global Puke becomes aware of additional accounts opened by a User, WPT Global Puke may close such additional accounts without notice and may confiscate Virtual Chips held in such additional accounts.

9.5 You will not be able to place any bets (with Virtual Chips) using the Service in an amount greater than the total amount of Virtual Chips in your User account.

9.6 You are fully responsible for paying all monies owed to WPT Global Puke. You agree not to make any charge backs, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse WPT Global Puke for any charge backs, denial or reversal of payments you make and any loss suffered by us as a consequence.

9.7 WPT Global Puke 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. 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.

9.8 WPT Global Puke 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. THIRD PARTY SOFTWARE

10.1 The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

10.2 The Licensed Software may not be altered, modified or extracted from the Software.

10.3 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.

10.4 All rights not expressly granted in the Licensed Software are reserved.

 

11. DISPUTES

The User accepts that the historical data of each PM Game shall be as recorded on the WPT Global Puke servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on the WPT Global Puke 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.

 

12. AMENDMENT

WePoker 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 Sites. Therefore, we encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement. 
 

13. 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.

 

14. ASSIGNMENT

WPT Global Puke 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.

 

15. MISCELLANEOUS

15.1 No waiver by WPT Global Puke of any breach of any provision of this Agreement (including the failure of WPT Global Puke 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.

15.2 Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not a party to this Agreement other than with respect to the company.

15.3 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.

15.4 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.

15.5 The User must provide full and truthful information in respect of all details and information requested by WPT Global Puke in connection with the User’s use of the Service subject at all time to the terms of the Privacy Policy.