These terms and conditions of use (the "Home Games Terms") set out the terms upon which you may use the online poker service called Home Games ("Home Games"), which is made available via the PokerStars Site (as defined in the General Terms). The Home Games Terms should be read by you in their entirety prior to your use of Home Games. Please note that the Home Games Terms constitute a legally binding agreement between you and Casino Davos AG, a company registered in Switzerland, with registered address at Promenade 63, 7270 Davos, Switzerland ("Casino Davos"). Casino Davos operates the online casino available at www.casino777.ch (the "777 Site") under licence number 516-008-01 (DE: "Konzession" / FR: "concession" / IT: "concessione") and provides an online poker offering to its Swiss players under that license via the PokerStars Site. That poker offering includes Home Games. "Flutter Group" is a group of companies that are controlled, directly or indirectly, by Flutter Entertainment Plc. TSG Interactive Gaming Europe Limited (also referred to as "PokerStars", "we", "us" and "our"), part of the Flutter Group, operates (in cooperation with the concessionaire Casino Davos) the Poker Software (as defined in General Terms). In addition to the terms and conditions of the Home Games Terms, please review our General Terms, Privacy Policy, the Poker Rules, the Real Money Processing and Currency Exchange terms and conditions and the PokerStars Rewards terms and conditions as well as the other rules, policies and terms and conditions relating to the games and promotions available on the PokerStars Site as posted on the PokerStars Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by Casino Davos from time to time.
Please note that Home Games is designed to replicate the poker experience you would have with your friends at home. You are therefore likely to be playing a poker game with people you know, some or all of whom may be playing from the same physical location. If you were to exceptionally access the PokerStars Site from outside of Switzerland, it would be in your responsibility to ensure that it is legal for you to play Home Games in that respective location.
By clicking the "I Agree" button as part of the software installation process and using Home Games, you consent to the terms and conditions set forth in these Home Games Terms, including without limitation the disclaimer of liability set forth above, the General Terms, the Privacy Policy, Poker Rules, the Real Money Processing and Currency Exchange terms and conditions and the PokerStars Rewards terms and conditions from time to time in accordance with the provisions below and therein.
The essence of Home Games means that you can choose to compete in ring games and tournaments, across a huge variety of poker variants allowing you to experience the convenience, competition and fun in playing online home games with people you know. Your use of Home Games should contribute to and be consistent with the essence of Home Games. Player data, rankings, club statistics and many other game results ("Data Tools") are provided via Home Games, all with the sole aim of furthering your social and competitive experience amongst your friends or close community members. None of the Data Tools nor any information deriving from such Data Tools may be used or provided to any Club Manager, Member or other third party for any financial benefit. Casino Davos reserves the right, in case it finds or suspects any abuse of the essence of Home Games or that any Data Tool, or information derived from any Data Tool, is being used by you or has been used by you for any financial benefit, to suspend your use of Home Games and/or to close the related Club at any time, in its sole discretion.
Defined terms used in the General Terms shall have the same meanings in this Agreement.
The following defined terms used in these Home Games Terms shall have the following meanings:
For the purposes of the General Terms:
A phrase introduced by the term "including", "includes", "include" or "for example" means "including without limitation" and shall not limit the sense of the words preceding that term.
Words importing the singular include the plural and vice versa, and words importing a gender shall include all genders.
A reference to a "Clause" is a reference to a clause of these Home Games Terms.
Casino Davos retains authority over the:
The decision of Casino Davos' management with regards to any aspect of a Club, or your use of Home Games (including your Club and membership status) is final, and shall not be open to review or appeal.
If you are a Club Manager you must read and comply with all explanations, instructions and guidelines concerning Home Games provided on the PokerStars Site from time to time.
Club Managers are ambassadors for the PokerStars brand and must project the best image for PokerStars, Casino Davos and Home Games, both to Members and to the general public. You must not act in any manner which in our opinion brings or is likely to bring Casino Davos, PokerStars or any other member of Flutter Group into disrepute or is materially adverse to such persons' interests.
In addition, if you are a Club Manager you agree that you will:
On establishing a Club, the Club Manager must choose a Club name and logo. Once approved, the Club name may not be changed unless it is subsequently determined that the name is not compliant with Clause 3.5.
In addition to Clause 3.4 the Club Manager must not choose a Club name, logo or image which:
Without derogating from Clauses 3.4 and 3.5 above, all Club names and logos are subject to review and approval by Casino Davos. Casino Davos reserves the right in its discretion to reject any Club name, logo or image at any time without needing to specify the reasons for the rejection.
The Club Manager must not engage in spamming or other intrusive techniques to solicit Members. Each Club Manager is solely responsible for the content of emails sent by him.
Club Managers are not permitted to charge Members a fee for joining a Club.
If you are a Member you agree that you will:
To the extent that you invite other people to join your Club, as a Member you must not engage in spamming or other intrusive techniques to solicit Members, including but not limited to unsolicited advertising within other Clubs. Each Member is solely responsible for the content of emails sent by him.
You shall not use Home Games to promote any service or product of any party except Casino Davos, PokerStars or any other member of Flutter Group (for example by linking to the websites of third parties or displaying the advertising of third parties), or in any way encourage Members to play online poker on the websites of such persons' competitors.
You are not permitted to post links on or otherwise link from the PokerStars Site or any part of it (including those parts of the PokerStars Site connected with your Club) to any third party website that promotes a competitor of Casino Davos, PokerStars, or any other member of Flutter Group, suggests an association, approval or endorsement of the Club on the part of such persons, or violates any term of these Home Games Terms, the 777 Site Terms or the General Terms.
You may link to the PokerStars Site from any website that is owned by you, or in an email sent by you, provided that (i) you do so in a way which is fair and legal and does not damage Casino Davos', PokerStars' or any other Flutter Group company's reputation or take advantage of it, and (ii) you do not suggest any form of association, approval or endorsement on our part where none exists. Your right to link pursuant to this Clause 6.3 cannot be sub-licensed, assigned or otherwise transferred by you. This right to link may be withdrawn at any time.
Home Games is intended solely for your personal entertainment (whether you use it as a Club Manager or Member) and must not in any way be used to create any financial gain or other pecuniary advantage to you or to any other User of Home Games. Prohibited conduct in connection with use of Home Games includes (but is not limited to) the following:
You acknowledge and accept that a HG Game is likely to include players who know each other, and some or all of those players may be playing that HG Game from the same physical location. By your acceptance of this Agreement, you confirm and agree that it is legal for you to participate in Home Games in your jurisdiction.
Your username will also be your Club Manager or Member identifier, and will be displayed to the Club Manager and Members in the Home Games lobby, Club lobby and (if the Club Manager opts-in for inclusion in directories) public directories of Clubs. Thus, people who know you through Home Games and/or your Club will also know the identity of your username. If you do not agree to this, you must not use Home Games.
PokerStars may review Club chat logs for any purpose including to check your compliance with these Home Games Terms, the 777 Site Terms and the General Terms.
Your personal information may be shared with third parties if we suspect that you are involved in Fraudulent Behavior (as defined in Clause 9.1 below). However, in sharing such information we shall comply with the Privacy Policy.
You agree to accept emails from Casino Davos relating to your Club activities, including schedules for HG Games, results and standings. You may opt out from receiving such emails at any time on a Club-by-Club basis. Please note that, unless you opt out from a particular Club's emails, you will receive these emails even if you have opted out of receiving promotional or other emails in relation to the PokerStars Site.
Casino Davos may from time to time suspend Home Games in order to perform necessary maintenance (or for any other reason permitted by the General Terms or 777 Site Terms), although if possible we will give you notice of such suspension. In the event of such suspension, it may be necessary to cancel scheduled HG Games. The Club Manager has no responsibility for any such suspension.
If you are a Member, you acknowledge that the suspension described in Clause 9.1 is beyond the Club Manager's control. Notwithstanding this, if you have any queries about suspension you should refer to your Club Manager in the first instance.
If you are a Club Manager, you agree to take prime responsibility for dealing with Member queries relating to any suspension described in Clause 9.1.
You may unregister from an HG Tournament any time up until two minutes before its scheduled start time. You will forfeit your buy-in if you fail to play an agreed HG Tournament without unregistering in time, and Casino Davos will not refund you.
You are allowed to use Home Games on the basis that you will not commit any fraud or dishonesty. You agree that you will not commit, or procure, encourage, assist or support the committal of, any fraud or dishonesty or other behavior which is illegal or prohibited by Casino Davos (as specified in these Home Games Terms, the 777 Site Terms, the General Terms, or otherwise on or via the PokerStars Site) in relation to a Club or the use of Home Games ("Fraudulent Behavior").
Fraudulent Behavior is taken extremely seriously. In addition to any other rights or remedies Casino Davos may have under these Home Games Terms, the 777 Site Terms, the General Terms, at law or otherwise, any User found to be involved in Fraudulent Behavior may be reported to the relevant authorities.
The Club Manager must reasonably monitor the activities of his Club for evidence of Fraudulent Behavior, and report to Support any known or suspected Fraudulent Behavior in accordance with the provisions of Clause 3.3 (i).
Without limiting Clause 9.3, each Member must be alert to evidence of Fraudulent Behavior relating to his Club and must report to Support any known or suspected Fraudulent Behavior in accordance with the provisions of Clause 4.1 (f).
In the event that we believe you may be in breach of any provision of these Home Games Terms, the 777 Site Terms, or the General Terms, or for any other justifiable reason, PokerStars reserves the right (without prejudice to its other rights or remedies under these Home Games Terms, the 777 Site Terms, the General Terms, at law or otherwise) to ask Casino Davos to immediately:
In the event that you are found to be in breach of any provision of these Home Games Terms, the 777 Site Terms, or the General Terms, PokerStars reserves the right (without prejudice to its other rights or remedies under these Home Games Terms, the 777 Site Terms, the General Terms, at law or otherwise) to ask Casino Davos to immediately:
The limit of liability at section XVIII of the 777 Site Terms applies to your use of Home Games.
The Home Games Terms may be updated from time to time, including to comply with applicable law or a change in regulatory requirements, to keep up to date with changes to the Services, and/or to accommodate changes to Casino Davos's or PokerStars' business practices.
Casino Davos will notify you of any material changes to these Home Games Terms. If any change is unacceptable to you, or you have any other questions about the changes, you should contact Casino Davos.
We encourage you to visit the PokerStars Site regularly to check the version of these Home Games Terms in force at such time.
The Home Games Terms 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 these Home Games Terms and any matter arising therefrom and irrevocably waive any right that you 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 PokerStars 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 provision only applies to claims, disputes or differences concerning the Home Games Terms as they relate to Flutter Group. For any claim, dispute or difference that you as a player might have towards Casino Davos as the licensed operator of the PokerStars Site, please see the 777 Site Terms.
If a provision of these Home Games Terms 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. If any provision is void but would be valid if some part of the provision were deleted or amended, the provision in question shall apply with such modification as may be necessary to make it valid.
We may assign these Home Games Terms, in whole or in part, at any time without notice. We will ensure that the transfer will not negatively affect your rights under the Home Games Terms. You may not assign any of your rights or obligations under these Home Games Terms.
If you breach these Home Games Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these General Terms.
Except for PokerStars and other companies in Flutter Group, nothing in these Home Games Terms shall create or confer any rights or other benefits in favor of any person who is not party to these Home Games Terms (including any Club Manager or Member of your Club other than you).
These Home Games Terms and the documents referred to in them constitute the entire understanding and agreement between you and us regarding Home Games and supersede any prior agreement, understanding, or arrangement between you and us relating to Home Games.
You must provide full and truthful information in respect of all details and information requested by Casino Davos in connection with your use of Home Games and, if you are a Club Manager, your Club's Members' use of Home Games, subject at all times to the terms of the Privacy Policy.
The English language version of the Home Games Terms shall be the prevailing version in the event of any discrepancy between any translated versions of the Home Games Terms.