PokerStars Sochi Rational Live Events (Malta) Limited Online Software End 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 PokerStars Sochi's services or products. Please note that the Agreement constitutes a legally binding agreement between you, Rational Live Events (Malta) Limited ("RLEM", "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 in the form of the Agreement.

The term "Flutter Group" in the Agreement refers to that group of companies that are controlled, directly or indirectly, by Flutter PLC and which operate the Flutter Group's various businesses from time-to-time.

By entering into this Agreement, you acknowledge that PokerStars Sochi is a brand owned and controlled by a group of companies known as "Flutter 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 Flutter Group.

In addition to the terms and conditions of this Agreement, please review our 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.

By clicking the "I Agree" button 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 other rules, policies and terms and conditions that may be posted on the Site from time to time, as 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 Flutter Group software downloadable to your personal desktop or laptop computer ("PC") from www.pokerstarsinsochi.com and the 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).

We may offer you Games (as defined in Clause 1.1 below) which are offered under our own brands as well as Games which are licensed to RLEM by a third party owner ("Third Party Providers").

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1 Subject to the terms and conditions contained herein RLEM grants the User a royalty-free, 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 RLEM 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 RLEM for your private personal use. Please note that the Service is not for use by individuals: (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Site from jurisdictions from which it is illegal to do so. RLEM 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 In order to verify your identity, age physical address and/or source of funds and meet our regulatory obligations, we may ask that you provide personal details and/or documentation (such as a copy of your passport, proof of address or payment method details) from time to time. Please see our Privacy Policy for more information on how we use such personal data.
1.5 The Flutter Group 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:

  1. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivative works of the source code of the Software, or otherwise;
  2. sell, assign, sublicense, transfer, distribute or lease the Software;
  3. make the Software available to any third party through a computer network or otherwise;
  4. export the Software to any country (whether by physical or electronic means); or
  5. use the Software in a manner prohibited by applicable laws or regulations.

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

The Flutter Group 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 us immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide us with reasonable assistance with any investigations we conduct in light of the information provided by you in this respect.
1.6 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 Flutter 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 Flutter 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 Flutter 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 Flutter 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 Flutter 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 RLEM, the Flutter Group, its Group generally and all our employees, directors, officers and consultants.
1.7 You warrant that any names, images or other content used by you in connection with the Site or Service (for example, your user name, avatar and your comments posted on the Site or Service) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant us for the benefit of the Flutter Group 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.

VIRTUAL ITEMS

1.8 The Games may include virtual chips and/or other virtual items for use in the Games (together the "Virtual Items"). Depending on the Game, you may be able to collect Virtual Items through gameplay. You agree that you have no right or title in any Virtual Items collected from RLEM. Any "virtual balance" or similar virtual balance shown in your User account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to use the relevant Virtual Items in-game.
1.9 Virtual Items are for in-game use only. You may not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of a Game (or attempt to do any of these things). Any such action or attempted action is prohibited and void and may subject your User account to termination. In addition, you acknowledge that RLEM may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Items outside of the Games.
1.10 You acknowledge and agree that Virtual Items will not be usable if either (a) the Game in question is withdrawn for any reason; (b) the Virtual Item in question is withdrawn for any reason; or (c) your User account is closed for any reason. RLEM will endeavour to give you reasonable prior notice of any withdrawal of a Game/Virtual Item.
1.11 You will not receive compensation for unused Virtual Items when a User account is closed, whether such closure was voluntary (e.g. where the User account is closed by you) or involuntary (e.g. where the User account is closed because you materially breach any term of this Agreement).

2. NO WARRANTIES

2.1 RLEM 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 RLEM 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 RLEM in this regard.

3. AUTHORITY

3.1 RLEM retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of RLEM'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 RLEM, 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 neither RLEM nor any member of the Flutter Group has any responsibility to you for any such loss;
4.2 RLEM is not a financial institution and no interests will accrue on monies deposited with us;
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 through your use of the Service;
4.5 RLEM 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 RLEM and RLEM shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
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;
4.8 you have provided true and accurate information concerning your physical address and identity, including nationality;
4.9 you are not currently on any list of persons that would prohibit RLEM from engaging in business or other dealings, or otherwise offering the Service to you;
4.10 you are not prohibited due to your geographic location or otherwise from receiving funds from RLEM; and
4.11 if any of the above is or becomes untrue or inaccurate, RLEM may immediately terminate your User account and all access to any of the Services.

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 use the Service for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "account" 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 RLEM and the User is obligated to update such details in the event of any change thereto.
5.3 REAL MONEY TRANSFERS. RLEM's 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 username 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. Availability of transfers and limits on transfers will be set by RLEM per User from time-to-time as applicable.

As part of the Flutter 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 RLEM to help protect the Users and prevent RLEM or any other entity in the Flutter Group being used as a vehicle for money laundering or fraud.

The following terms and conditions also apply to the real money transfer facility:

  1. RLEM 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.
  2. 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.
  3. 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.
  4. Users cannot return 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 refund request will be reviewed in accordance with RLEM'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. RLEM 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, we reserve the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly we 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. RLEM prohibits external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. RLEM defines "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical materials). RLEM 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 RLEM 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 RLEM's 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 RLEM 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 RLEM deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using either the Service or any of the other services, products or facilities of the wider Flutter Group, 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, RLEM shall be entitled to take such action as it sees fit, including, but not limited to:

  1. immediately blocking a User's access to the Service;
  2. notifying other companies within the Flutter Group;
  3. terminating a User's account with RLEM;
  4. seizing the funds within a User's account;
  5. 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
  6. taking legal action against a User.

5.10 CURRENCY EXCHANGE. Users are able to effect currency exchange transactions via the Service on their PC or Device with funds standing to the credit of such User's account (the "Currency Exchange Facility"). All currency exchange transactions on the Currency Exchange Facility will take place at the current prevailing rate offered by RLEM for the transaction type in question. The exchange rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. Users should ensure they are aware of fluctuations in the exchange rate and the impact this may have on their available funds before using the Currency Exchange Facility. RLEM will not be held responsible for gains and losses incurred by Users that utilise the Currency Exchange Facility. Users should also be aware that RLEM applies a margin on currency exchanges effected via the Currency Exchange Facility which it may, at its discretion, waive for some types of transactions. A margin may, for instance, be applied to currency exchanges in connection with deposits or refunds, intra-account transfers or auto-conversion in situations where the currency exchanged is different from the currency used in the Games. RLEM may also, at its discretion, revoke or withdraw support for any particular currency without notice. The use of the Currency Exchange Facility and/or User's account to engage in currency trading or speculation is strictly prohibited. To help maintain the integrity of the Currency Exchange Facility, RLEM has the right to, in its sole discretion:

  1. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
  2. 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
  3. 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 refunded, transferred or used for any other purpose; and/or
  4. 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 RLEM 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 RLEM 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 refund 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 RLEM to identify your location and providing RLEM 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.
5.13 If we mistakenly credit your User account with funds that do not belong to you, whether this is due to a technical or human error or otherwise, the amount will remain our property and the amount will be transferred back to us from your User account. We reserve the right to void any transactions placed using incorrectly/mistakenly credited funds, including related funds paid out in error. To satisfy any such liability, we further reserve the right to freeze and withhold these funds and set-off any subsequent amounts owed to you. If prior to our becoming aware of the error you have returned funds that do not belong to you, without prejudice to other remedies and actions that may be available to us at law, the mistakenly paid amount will constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email at support@starsaccount.com.
You may not abuse or take advantage of any error or instance of incompleteness on the Site or in any of the Games provided by us. Should you become aware of such an error or incompleteness, please notify us immediately. If you do not comply with this Clause and take advantage of or divulge any information about an error or incompleteness, we will be entitled to pursue any remedies available at law.

6. REFUND POLICY

6.1 The policy and criteria for a User to effect a refund from his/her User account can be found in our Refund Policy. RLEM reserves the right to use additional eligibility criteria to determine the refund 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 RLEM's or the Flutter Group's staff.

8. BREACH

8.1 Without prejudice to any other rights of RLEM, 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:

  1. User has more than one active account for play on the Site;
  2. the name on a User's account with RLEM does not match the name on the credit card(s) used to make deposits in that account;
  3. you provide incorrect or misleading information to RLEM when registering for the Service;
  4. you become subject to restrictions that prohibit RLEM or the Flutter Group from dealing with you or performing any financial services for you;
  5. you are not of legal age to use the Service;
  6. you reside in a jurisdiction where using the Service is prohibited by law;
  7. you have allowed or permitted (intentionally or unintentionally) someone else to play using your User account;
  8. you have made chargebacks, and/or denied or reversed any payment made by you in respect of the Service;
  9. you have cheated when using the Service including having breached any provision of Clause 5 and/or 10.15;
  10. you use the Site, the Service or your User account in bad faith; or
  11. 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,

RLEM reserves the right, in its unfettered discretion, to take such action as it sees fit, including terminating this Agreement and any other agreement in place between the User and any other member of the Flutter Group, immediately blocking the User's access to the Service or to any other service offered by the Flutter Group, terminating such User's account on the Site or on any other site operated by the Flutter Group, seizing or quarantining all monies held in the User's account on the Site or on any other site operated by the Flutter Group and/or taking legal action against such User. A breach of this Agreement by a User shall be deemed to be a breach of every other agreement between the User and a member of the Flutter Group.
8.2 You agree to fully indemnify, defend and hold harmless RLEM, all other Flutter Group companies and their 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:

  1. your breach of this Agreement, in whole or in part;
  2. violation by you of any law or any third party rights; and
  3. 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 or any other member of the Flutter 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 RLEM or the relevant member of the Flutter Group had prior knowledge of the possibility of such damages.
9.2 Nothing in this Agreement shall exclude or limit RLEM'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 on the Site and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts on the Site. In the event that RLEM becomes aware of additional accounts opened by a User, RLEM 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 username ("Username"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username 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 RLEM reserves the right to suspend the User's account. Upon the suspension by RLEM of an account under the circumstances described, you should contact Support for details of our verification process. Any refunds 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, RLEM reserves the right to suspend all activities on the account until the account details are verified.
10.8 You are fully responsible for paying all monies owed to us. 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 us for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
10.9 We reserve 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.
10.10 We reserve 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.
10.11 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 refund 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".
Should your User account with a positive balance remain dormant or inactive with no account transactions for a consecutive period exceeding thirty (30) months, we will attempt to contact you with a view to returning your funds and reminding you of the consequences thereof, at least thirty (30) days before your User account is due to become inactive. If we do not receive a response from you, your User account will be deemed to have become "inactive" in accordance with the provisions of the Gaming Authorisations and Compliance Directive issued by the Malta Gaming Authority and we reserve the right to charge an inactive account fee, so long as the account remains inactive and in credit and without prejudice to your rights in respect of inactive accounts under the said Directive.
10.12 We reserve the right to close a User's account for any reason whatsoever at any time without notice to such User. Any funds standing to the credit of the User's account at the time of the closure will be refunded to that User's credit card/bank account registered with that User, unless such refund is prohibited by applicable law or regulation.
10.13 We may close a User's account in accordance with Clause 8.1.
10.14 A User may at any time request that their User account be closed by contacting Support at support@starsaccount.com. Should we deem it unwise for the User account to be reopened, it will be closed permanently at our sole discretion.
10.15 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 we have 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, we shall only refund to you any funds that may be standing to the credit of your User account at such time in accordance with and to the extent permitted by prevailing anti-money laundering laws, regulations, guidelines and implementing procedures in Malta, to the extent applicable to the suspected wrongdoing. In addition we 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 RLEM to investigate any such activity. As a Malta-registered company RLEM is governed by the prevailing anti-money laundering laws of Malta.
10.16 The policy and procedure for a User to effect a period of self-exclusion are set out on the Responsible Gaming page of the Site.
10.17 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.
10.18 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 Flutter 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 Flutter 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 (this, together with any other software provided by Third Party Providers is the "Licensed Software").
11.2 In order for you to use certain Games it may be necessary to provide you with Licensed Software provided by Third Party Providers. Third Party Providers of such software may require you to agree to additional terms and conditions governing the use of their products including individual Game supplier rules. These additional third party terms and conditions can be found within each Game and you should review them and ensure that you agree and consent to them prior to using any such third party Licensed Software. If you continue to play any Game or access any part of the Service where we have notified you that third party terms and conditions apply, we will deem you to have accepted and to be bound by the same. If you do not accept these third party terms and conditions, you may not use the relevant third party Licensed Software.
Your use of the Licensed Software is also subject to compliance with all of the terms and conditions of this Agreement.
We do not accept any liability in respect of any third party Licensed Software and in particular we do not provide any representation or warranty that any third party gaming products will comply with the terms, conditions or game rules applicable to them, all of which is the responsibility and liability of the relevant third party provider.
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, for an End 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 RLEM's servers. In the event of a discrepancy between the cards displayed on your computer and the game records on RLEM'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.

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 our third-party dispute resolution provider, IBAS, at this email address. For further details visit IBAS' website here. 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 RLEM may update or modify the terms of this Agreement or any part thereof from time to time. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Service and the changes will apply immediately following your express acceptance. 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 RLEM 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 RLEM 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 RLEM of any breach of any provision of this Agreement (including the failure of RLEM 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 Flutter 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 us 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 © 2020 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

RLEM can be contacted via Support at support@starsaccount.com.

Version 1.3 of the Rational Live Events (Malta) Limited End User License Agreement.

In force from December, 2020