PKR

PKR Limited Terms and Conditions

1. INTRODUCTION

1.1 PKR Ltd ('PKR' or 'We', 'Us' or 'Our') is a limited company registered in Alderney. Its registered office is at Millennium House, Ollivier Street, St Anne, Alderney.

1.2 These terms and conditions (""Terms"") govern the terms on which you may make use of this website www.pkr.com (the ""Site""), use and download the software used to play the Games (the ""Software"") and participate in the Games (defined below). Please read the Terms carefully and print and retain a copy of the Terms and any Game rules and Account details for your records. You may not register on the Site, set up an Account, download the Software or play the Games until you have communicated your acceptance of the terms by clicking on 'Accept' below. Once you have done so a contract will be in place between you and Us on these Terms.

1.3 We may modify or amend these Terms at any time. Notification of such changes will be posted on the Site together with a date from which time they will apply. If you use or continue to use the Site, the Games and/or the Software after the expiry of the date set out in such notification, you will be deemed to have accepted such modifications or amendments (and your contract with Us will be amended accordingly).

2. REGISTRATION

2.1 During registration you will be asked to provide Us with personal information about yourself (including but not limited to your name, address, date of birth, gender, email address, telephone number, and bank details). We will require evidence from you of your age and identity and may undertake ongoing checks as and when reasonably required by us.

2.2 You agree to provide only true accurate complete and current information and further agree to update this information to keep it true accurate complete and current. It is your sole responsibility to inform Us of any changes to your personal details by amending your registration details.

2.3 You may only register for and participate in the Games if:

2.3.1 You are over the age of 18 years old or such other minimum legal age (being over 18) as is applicable under the relevant legislation in the jurisdiction from which you are accessing the Site;

2.3.2 You are located in a jurisdiction, in which the registration for and playing of the Games and use of the Software is lawful. It is your sole responsibility to comply with the laws that govern you. For the avoidance of doubt, we do not accept real money players from the USA, Hong Kong, Turkey, North Korea and South Korea. Furthermore, players located in France are not allowed to play Deal or No Deal for real money.

2.4 The computer on to which you download the Software must be one in respect of which you are the main user. You will be solely responsible for any use that is made of the Software held on your computer.

2.5 Whatever name you choose as your player name must not be offensive, defamatory or in breach of any third party rights. We reserve the right to change your player name with immediate effect.

2.6 You must use your real name and identity for the purposes of your registration.

3. YOUR ACCOUNT

3.1 In order to play the Games you must set up an account with us (""Account""). You will be given an Account name and will be asked to choose a password. You must not disclose the Account number and password to anyone.

3.2 You may only hold one Account. You may make payments into that Account by any of the methods currently available on the Site provided that you are the named account holder of the account from which you are transferring funds.

3.3 Deposits to your Account may be subject to the maximum and minimum limits as may be either generally set by notice on the Site or notified to you from time to time.

3.4 The money held in your Account will not earn any interest.

3.5 Only payments made out of your Account will be accepted and you will only be permitted to make payments up to the amount of the balance currently held in your Account.

3.6 Any promotions on the Site from time to time will be governed by the terms posted on the Site relating to such promotion in addition to these Terms. If any provisions of these Terms and the promotion terms conflict then the provision of the promotion terms shall prevail.

3.7 Any winnings will be credited to the balance of your Account.

3.8 Subject to clause 3.5 you can withdraw any amount from your Account up to the current available balance. Money withdrawn will be remitted to the account from which it was received by BACS / Telegraphic Transfer within a minimum of ten working days, or any such method as We in our absolute discretion shall decide and in any event subject to any deductions in respect of any banking charges which we will notify to you prior to transfer.

3.9 Any applicable taxes and fees in connection with any winnings awarded to you or any other payments to you are your sole responsibility, however, We reserve the right to retain any sums necessary from your winnings in order to comply with applicable laws. Winnings cannot be transferred, substituted or redeemed for any other consideration.

3.10 We may use third party payment processors. You agree to be bound by the terms and conditions of use of such third party processor as notified to you from time to time.

3.11 If you are incorrectly awarded any winnings through any human or technical error, fraud or otherwise you will refund such winnings to PKR.

4. THE GAMES

4.1 You agree that We and our records shall be the final authority in determining the outcome of any Game. If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result of the Game.

4.2 You agree not to interrupt or attempt to interrupt the operation of the Site or of the normal playing of any of the Games.

4.3 We currently offer a variety of games such as poker, casino and Deal or No Deal including, but not limited to, Texas Hold'em Poker, Omaha Poker and Blackjack. Each of these Games can be played, subject to availability, either for money or purely for fun with no cash consideration. We may remove Games from or add games to those available on the Site from time to time. We will aim to give you notice, by use of bulletins on the Site, of any changes to the Games but We will not be required to do so.

4.4 You must not use any actual or potentially defamatory, offensive, racist, harmful or obscene language or conduct in connection with your use of the Site, the Games and/or the Software.

4.5 In the event of hardware or software malfunctioning that prevents a game in play from being continued or completed, all pay and play will be void and any bets return to user account.

5. USER INFORMATION AND PRIVACY POLICY

5.1 We process information about you in accordance with our privacy policy posted on the Site from time to time. The privacy policy is expressly incorporated into these Terms and by accepting these Terms and using our Site, you consent to such processing and to the terms of the privacy policy.

5.2 All personal data relating to you is held subject to and in accordance with the Alderney Data Protection Law (Bailiwick of Guernsey) 2001.

5.3 Information on what (if any) data is held about you can be obtained by contacting Us at the following address: The Data Protection Officer, PKR Ltd, Millennium House, Ollivier Street, St Anne Alderney.

6. WARRANTY DISCLAIMER AND LIMITATION OF OUR LIABILITY

6.1 Your access to any part of this Site, downloading of the Software and participation in any Games on this Site is at your own risk and expense.

6.2 The Games and Software are provided to you ""as is"". We make no representation or warranty, express or implied (whether by law statute or otherwise) including but not limited to implied warranties of merchantability, fitness for a particular purpose and satisfactory quality which are excluded to the fullest extent permitted by law.

6.3 We do not warrant that access to this Site, the Games or the Software or its operation will be uninterrupted or error free. We refer you to Our disconnection policy as displayed on the Site from time to time.

6.4 To the extent permitted by law, We expressly exclude any liability for any indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of Our Site, the Games and/or the Software including, without limitation any liability for: loss of income or revenue; loss of business; business interruption; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.5 PKR's maximum liability to you arising in connection with your use of the Games or the Software whether for breach of contract, tort or otherwise is limited to the amount you have paid to PKR in rakes and fees in the 12 months prior to the event in respect of which your alleged claim arises.

6.6 Nothing in these Terms operates to limit or exclude Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

6.7 You expressly agree and acknowledge that We accept no responsibility and shall not be liable to you for the content of or use by you of any information or services offered by third parties via the Site whether by way of advertising links to or from other sites, through framing or other electronic mechanisms nor, unless expressly stated by Us, do We endorse such information or services.

6.8 Disconnections can and do occur. The treatment of disconnections will be subject to any disconnection policy in place from time to time. PKR will not be responsible for any disconnections howsoever caused.

6.9 Your statutory rights as a consumer (if any) are not affected by these Terms.

7. INDEMNITY

7.1 You agree to defend, indemnify and hold Us, Our parents, subsidiaries, officers, directors, employees, agents, contractors, and suppliers harmless for any suit (including in respect of any liability, damages, costs or claims) arising out of or in connection with your failure to observe these Terms, or your failure to observe any applicable laws or your violation of any rights of any other person or entity.

8. INTELLECTUAL PROPERTY

8.1 The Software is the property of PKR and/or its associated companies or licensees. You are permitted to download the Software and use it solely for the purposes of playing the Games. We grant you a personal, non-exclusive, non-transferable and non-assignable limited licence to use the Software strictly to play the Games in accordance with the terms and the rules of the Games as posted on the Site from time to time. Where we make any modifications or enhancements to the Software available on the Site you must download and use such modifications and enhancements as directed by Us (We may terminate your access to the Site and the Games and terminate your licence to the Software should you fail to do so).

8.2 You acknowledge and agree that the content of this Site is either the property of PKR or its licensees. Save to the extent allowed by law, you will not copy the content of this Site (including but not limited to the Software) otherwise than for the normal operation of the Software to play the Games in accordance with the licence in clause 8.1 or otherwise as expressly permitted by these Terms, neither will you (save to the extent allowed by law) transfer, rent, lease, loan, distribute, sub-lease or sub-licence create derivative works, translate, modify, adapt, decompile, disassemble, reverse engineer the content of this Site (including but not limited to the Software). Upon termination of this agreement or discontinuance of the licence granted (for whatever reason) you will destroy any copies of the Software in your possession.

8.3 All the characters and variations thereof which the Software creates are the property of PKR and may not be used by you other than for playing the Games. Where you choose to upload a photograph of yourself for the creation of a 3D self image you warrant that you have the rights in the photograph to permit such upload and, to the extent required, for the purposes of the Game, you authorise PKR to reproduce, alter, modify, adapt, create derivative works and/or use the image in the Games and in any promotion of the Games. Save for in respect of the original photograph you will have no rights in 3D self image.

8.4 It is your responsibility to ensure that the 3D image you create through use of the Software does not so resemble any existing fictional character or living individual as to imply any connection with or the endorsement or approval of such living individual or the creators or owners of such fictional character. Further, the character you create must not be defamatory or otherwise be capable of being considered offensive by any individual, group or entity.

8.5 You agree that PKR may use your name and likeness for promotional purposes.

8.6 Where you provide any comments, suggestions or feedback (including any enhancements or modifications) (""Input"") to PKR concerning the Site, the Games and/or the Software all such Input shall belong to PKR and you agree (at PKR's expense but otherwise without further financial compensation) should PKR so require, to execute any document and do any thing reasonably required by PKR to assign and give PKR the benefit of any right and title in and to such Input (until such time you will hold any such rights on trust for the benefit of PKR). Further, you waive any rights known as moral rights and any rights analogous thereto which you may have under any applicable law in your Input.

9. TERMINATION ACCOUNT CLOSURE AND SUSPENSION

9.1 We may terminate your access to and/or cease operation of the Games and/or the Site and/or close your Account and require you to delete all copies of the Software in your possession or control at any time and for any reason.

9.2 You will not use the Software, the Site or the Games to engage in any activity which you know or reasonably ought to know will (or may be) illegal or deceptive, including, but not limited to, colluding with other players.

9.3 You may request closure of your Account at anytime by notice in writing to customer services. We will email you confirming when we have closed your Account until which time your Account will remain open and all terms and conditions in respect of its operation will remain in full force and effect.

9.4 Upon closure of your Account, We will, subject to clause 10, return the balance of the money in your Account to you in accordance with clause 3.8.

9.5 Once you have closed your Account you will not be able to open another Account with PKR without first contacting our customer services department who may in its absolute discretion refuse to register you for a new account.

10. FORTEITURE AND RENTENTION OF ACCOUNT MONIES

10.1 We reserve the right to retain all monies in your Account (and to suspend or withdraw access to the Site, the Games and/or the Software) if you are in breach of any terms of this Agreement, you are suspected of fraud, collusion, cheating or improper or unlawful activity (whether in connection with the Site, the Games, the Software or otherwise).

11. YOUR CONDUCT

11.1 You are solely responsible for your conduct when using the Site and participating in the Games. You will indemnify Us in respect of any liability, damages, costs or claims arising out of or in connection with your use of the Site.

11.2 Without prejudice to clause 11.1 We may remove any content which you post in the chat rooms or elsewhere on the Site if in Our sole discretion We consider it to be offensive, abusive, defamatory, likely to bring Us or any third party into disrepute or to be in breach of any third party rights.

12. GOVERNING LAW AND JURISDICTION

12.1 These terms shall be construed in accordance with the laws of Alderney. You irrevocably agree that the courts of Alderney shall have exclusive jurisdiction to resolve any dispute or claim of whatsoever arising out of this Site, your use of the Games and the Software and that the laws of Alderney shall apply.