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CLIENT-BET3G AGREEMENT This agreement between you and Bet3G (the 'Agreement') is to be read thoroughly by you (the 'User') and in its entirety before using any of Bet3G’s services or products. The contract is a legally binding contract between you and Bet3G, which owns and operates the Internet site found at www.bet3g.com (the 'Site'). In addition to the terms and conditions of this Agreement, please review our site for other regulations, policies and provisions concerning the games and promotions offered on the Site which are included in the scope of this contract, together with other information notified to you by us periodically. In clicking on the 'I Agree' button below as part of the software installation process and use of the Software, you will give your consent to the terms and conditions set forth in this Agreement and all rules and terms as may be updated or modified from time to time in relation to the articles specified below. 1. INTELLECTUAL PROPERTY 1.1. Bet3G grants the User a non-exclusive, personal, non-transferable right to install and use the Bet3G software ('Software') in order to access the Bet3G servers and play all the games offered on the site (the Software and Games together being the 'Service'), subject to the terms and conditions of this agreement and any other rules and provisions specified in our Site. 1.2. The Software is for personal use for use and shall not be used 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. It is the User's sole responsibility to verify the legality of the Service in his or hers jurisdiction and Bet3G will bear no responsibility for any consequences in case of illegal use in the User’s jurisdiction. 1.3. Our Software's code, configuration and lay out are protected by copyright, trade secrets, intellectual property and other rights. You may not: · (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); without the prior written consent of Bet3G; or · (e) use the Software in a manner forbidden by applicable laws or regulations, (each of the above is an 'Unauthorised Use'). The User will be solely liable for any damage, costs or expenses arising out of or in connection any Unauthorized Use by him. Furthermore, the User shall notify Bet3G immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Bet3G with reasonable help and support with any inquiries it conducts in connection with the information supplied by him in this respect. 1.4. Bet3G reserves the right at any time to demand from the User proof of age in order to guarantee that he is of age to use our Service. If such evidence is not given or if Bet3G suspects that the User is under the age required, it reserves the right to suspend or cancel the User’s account and prohibit him, temporarily or permanently, from using the Service. 1.5. The trade marks and names used by Bet3G or one of its group of companies and/or its licensors, including'Bet3G', “Poker3G”,“Pok3G”, “K3G” or any other trade marks, service marks and/or trade names used on its site from time to time (the 'Trade Marks'), or any other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the 'Site Content')are protected by copyright and/or other intellectual property or other rights, and may not be used without Bet3G prior written consent. 2. PROHIBITED USES 2.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. 2.2. PERSONAL USE. The Service is intended solely for the User's personal use. The User is not allowed to wager other than for his/her personal entertainment. The User shall use his/her account with Bet3G for the sole purpose of using the Service. The User must disclose fully and truthfully any details or information required by Bet3G and update such details in the event of any change thereto. Each User shall have only one account with Bet3G and not use the Service with any other account or permit another person to use the Service via his account. 2.3. COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly prohibited. Bet3G reserves the right to take any measure to prevent collusion including changing seating arrangements or preventing two or more Users from playing together at the same table or in the same tournament. Bet3G 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. 2.4. UNFAIR ADVANTAGE The User shall not use computer software and non-software based databases or profiles such as web sites and subscription services which give access or compile information on other players beyond those observed during the normal use of the Service. The use of artificial intelligence including, without limitation, 'robots' is strictly forbidden in connection with the Service. Bet3G may take steps to detect and prevent the use of prohibited computer Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Bet3G Software on the User's computer. 2.5. FRAUDULENT BEHAVIOR. The User shall not engage or attempt to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, intentionally losing a hand and deliberately transferring his chip to another User, 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. In such cases, Bet3G shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User's account with Bet3G, seizing all monies held in the User's Bet3G 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, banning the User from using the Service and/or taking legal action against such User. In such circumstances Bet3G will be under no obligation to refund the User any monies that may be in his Bet3G account at such time. 3. NO WARRANTIES. 3.1. Bet3G disclaims any and all warranties, expressed or implied, in connection with the Service and offers no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy. 3.2. Although we try to provide you with a service of the highest quality, safety and security, we do not guarantee that the Service will be continuous, timely or completely accurate, that defects will be corrected or that the services found therein shall be free from viruses or bugs. 3.3. Bet3G 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 the User with notice and shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by it in this regard. 4. ACCOUNTS Bet3G has full rights over the opening, continuance, and closing of Users' accounts. The decision of Bet3G’s 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. 5. SECURITY AND YOUR ACCOUNT. 5.1. Each User account shall be accessible through the use of a combination of a unique User ID ('User ID'), a unique and secret password ('Password'), and an optional numeric ('Secure ID') (the User ID, Password and Secure ID together being referred to as the 'Login Credentials'). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto. If a Secure ID is associated with a User account, this Secure ID will be selected at random by the Service. 5.2. 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. 5.3. 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. 5.4. Please note that monies held in your Bet3G account do not accrue interest. 5.5. The User will not be able to place any bets using the Service in an amount greater than the total amount of money in his Bet3G account. 5.6. The User will be fully responsible for paying all monies owed to Bet3G and agrees not to make any chargebacks, and/or deny or reverse any payment made by him in respect of the Service. The User will reimburse Bet3G for any chargebacks, denial or reversal of payments he makes and any loss suffered by Bet3G as a consequence. 5.7. Bet3G reserves the right to run credit and/or identity checks on a User with third party credit agencies or services using the information provided to it by him/her upon registration with the Service. 5.8. Bet3G reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to the User in connection with the Service. 6. REPRESENTATIONS AND WARRANTIES The User represents, warrants, covenants and agrees that: 6.1. He acknowledges the risk of losing money when using the Service and that Bet3G has no responsibility for any loss incurred in the process of using the site. 6.2. The Service is used at his sole choice, discretion and risk. 6.3. He is required to provide Bet3G with certain personal details about himself (including details regarding his methods of payment) for the purpose of using the Service. 6.4. He is solely responsible for any applicable taxes which may apply on winnings paid to him. 6.5. He is solely responsible for the telecommunications networks and Internet access services required for access and use of the Service and Bet3G shall have no responsibility whatsoever for any deficiencies therein. 7. OFFENSIVE LANGUAGE OR CONTENT The User is prohibited from posting on Bet3G’s sites or in correspondence with its staff any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive. Users are prohibited from making any statements which promote any service or product of any party except Bet3G. Furthermore, Users shall not make statements about Bet3G or the Service that are untrue or would reasonably be considered to be derogatory or critical. 8. AMENDMENT Bet3G reserves the right to update or modify this Agreement or any part thereof at any time without notice and the User shall be bound by such amended Agreement upon it being posted at the Site. Continued use of the Site shall be deemed to attest to the User’s agreement to any amendments to the Agreement. 9. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall Bet3G 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 Bet3G had prior knowledge of the possibility of such damages. 10. OTHER This product includes software created by Everleaf. 11. BREACH 11.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Bet3G reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with Bet3G, seizing all monies held in the relevant Bet3G account and/or taking legal action against such User. 11.2. The User agrees to fully indemnify, defend and hold harmless Bet3G 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: · 11.2.1. A breach of this Agreement, in whole or in part; · 11.2.2. A violation of any law or any third party rights; and · 11.2.3. use of the Service or use by any other person accessing the Service using the User’s Login Credentials (as defined below) , whether or not with the Users authorization. 12. DISPUTES The User accepts that the historical data of each game shall be as recorded on the Bet3G servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Bet3G' server the latter shall prevail. 13. ASSIGNMENT Bet3G 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. 14. 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. 15. GOVERNING LAW The Agreement and any matters relating hereto shall be governed by and construed in accordance with the laws of Malta. Each party irrevocably agrees that the relevant courts of Malta 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. 16. MISCELLANEOUS 16.1. No waiver by Bet3G of any breach of any provision of this Agreement (including the failure of Bet3G 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. 16.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement. 16.3. 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. 16.4. This Agreement constitutes the entire understanding and agreement between the User and Bet3G regarding the Service and supersedes any prior agreement, understanding, or arrangement between the User and Bet3G. 16.5. 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. |
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