End User License Agreement
Section I General
License and Terms of Use
This agreement (the "Agreement") should be read by you
(the "User" or "you") in its entirety together with all
the other Terms and Conditions of BackgammonMasters.
Please note that the Agreement constitutes a legally
binding agreement between you and JD Lucky Skill Ltd
(referred to herein as "BackgammonMasters") which owns and
operates the Internet site found at
www.BackgammonMasters.com (the "Site").
By playing our
Games (defined below), or clicking on the "Yes" button
when you install our Software, you are acknowledging
that you have read this Agreement. When you register to
join BackgammonMasters.com, you agree to comply with this
Agreement, you acknowledge that your failure to comply
with this Agreement may result in disqualification,
account closure, forfeiture of funds and/or legal action
against you, as BackgammonMasters may deem appropriate and
as specified later in this Agreement. If you have any
questions regarding the meaning or the rules of this
Agreement, we suggest that you consult with an
independent counsel prior to clicking on the "Yes"
button when you install the software and/or before
continuing with the registration process. You
acknowledge that if you accept this Agreement, we will
begin providing you with the benefit of our Services
immediately. As a consequence of this, if you accept
this Agreement when registering for our Services, you
will not later be able to cancel your registration,
although you can terminate this Agreement and close your
account under Section II 2 Termination, below.
1. As-Is:
The software
available for download on this site (the "Software") is
licensed to you by BackgammonMasters, on a non-exclusive
and non-transferable basis, for your private personal
use solely on an "AS IS" basis. The Software is offered
for the sole purpose of allowing you to access the
Services and play the Games.
BackgammonMasters does not offer any warranties, expressed or implied, in
connection with the Software, the Site and the Games,
all of which are provided to you "AS IS" and "AS
AVAILABLE," and we provide you with no warranty or
representation whatsoever regarding their quality,
fitness for purpose, completeness, or accuracy. Despite
BackgammonMasterss efforts to provide the highest quality
of software to all users, BackgammonMasters does not
guarantee the Site and the Servers will be
uninterrupted, timely, or error-free, that defects will
be corrected or that the services found therein shall be
free from viruses of bugs. BackgammonMasters.com will not
be held responsible for damages caused by the Software,
the Games, or the Servers.
2. Terms of
Participation in Games:
The following users may not use the Software or
participate in Games:
- Individuals under 18 years of age.
- Individuals under the legal age of majority in their jurisdiction.
- Individuals connecting to the Site from jurisdictions from which it is illegal to do so.
- Individuals whose accounts have been either permanently
or temporarily suspended by BackgammonMasters.
Players registering as a business entity must have the authority
to represent their business in this Agreement. Any
player falsely representing a business entity will be
solely responsible for any damages to BackgammonMasters.com
or the business they have represented.
Residents of the United States are not permitted to participate in any promotions or real money games at our site. We are not accepting transactions from residents of the United States.
All players understand and accept that BackgammonMasters is unable to
provide you any legal advice or assurances and that at
all times, it is your sole responsibility to ensure that
you comply with the laws that govern you and that you
have the proper and full legal right to use the Software
and/or to play the Games. Any participation in the Games
is at your sole discretion and risk. By playing the
Games, you acknowledge that you do not find the Games or
Services to be offensive, unfair, or indecent in any
way.
3. Play Money
Games and Real Money Games:
By registering
for the Service, you will be able to access, through our
Software, both play money games and tournaments ("Play
Money Games") and real money games and tournaments
("Real Money Games") (Play Money Games and Real Money
Games are collectively referred to as BackgammonMasters
"Games"). No purchase is necessary or required to play
the Play Money Games, save in respect to any cost you
may incur to access the Services, charged by your
internet service provider or telecommunications
provider, and you may play the Play Money Games without
betting any money. BackgammonMasters reserves the right to
suspend, modify, remove, and/or add any Game at its sole
discretion with immediate effect and without notice.
4. Registration:
To play at
BackgammonMasters.com, you will first need to download and
install the Software and register for an account with us
(an "Account") by choosing a unique Account name (an
"Account Name") and password and entering other
information that we ask for on our registration form
such as, but not limited to, your full name, address,
e-mail address, gender, birth date, and telephone
number. You agree to provide only true, complete, and
current information and you further agree to update this
information as necessary to keep it true, complete, and
current. When you make a deposit, our player
registration process will include an opportunity for you
to confirm or amend any details that you have submitted
during the registration process which are incorrect or
you can contact us at
support@BackgammonMasters.com
to apprise us of any changes.
5. One Account per Player:
While your Account Name may be any you choose, when you are
asked for your full name, you must use your full legal
name as it appears on your credit card or other payment
account method, as well as the e-mail used for these
payment methods. If the personal information given to
BackgammonMasters.com does not EXACTLY match the full name
on the credit card(s) or other payment accounts used to
deposit or receive monies in your Account, your Account
may not be credited and may be subject to actions under
Section II 1 below. You are prohibited from
holding more than one Account at BackgammonMasters.com. If
you have more than one (1) Account, or Accounts in
different names, then you must contact us immediately to
have your Accounts managed so that you only have one. If
you have lost your Account Name or password, please
contact us for a replacement at
support@BackgammonMasters.com.
6.
Rules and Procedures of the Games:
You must play the
Games pursuant to the backgammon rules set out in the
How to Play section of
the BackgammonMasters.com website and any other page on
BackgammonMasters.com that specifically relates to and
governs any particular event, game, or tournament. You
acknowledge and agree that we will charge a Rake on all
Real Money Games, as set out in the rakes section of the
BackgammonMasters.com website.
7.
Cheating Detection:
In the event that BackgammonMasters deems that you have engaged in fraudulent, unlawful, or improper activity while using the Software, BackgammonMasters shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to you, terminating your Account with BackgammonMasters, and seizing all monies held in the relevant BackgammonMasters "Real Money Account".
8.
Company Employees:
Employees, directors, officers, consultants, and agents
of BackgammonMasters and all affiliated companies may not send information, provide technical assistance or in
any way assist registered Users in any way which gives
the User an unfair advantage over other registered
Users. For this purpose,
family includes any first degree family member, as well
as any members of the household.
9.
Copyrights and Trademarks:
The
terms BackgammonMasters, BackgammonMasters, and World
Backgammon Network are the trade marks, service marks,
and/or trade names of BackgammonMasters or one of its group
companies or its licensors. Software, images,
animations, videos, audio, and text (and any
intellectual property rights in and to any of the same)
appearing in the software or on the website belong to
BackgammonMasters or one of its group companies and/or our
licensors and is protected by copyright and/or other
intellectual property rights. You obtain no rights to
such copyright material or trade or service marks and
must not use them without BackgammonMasters's written
permission.
10.
Software:
You
may install and use the Software on a hard disk or other
storage device and make backup copies of the Software,
provided that such use and backup copying is only for
your own personal use for participating in the Games in
accordance with this Agreement, and further, that such
installation and use is made through a computer of which
you are the primary user.
The
Software's structure, organization, and code are the
valuable trade secrets of BackgammonMasters and/or its
group companies and/or its licensors. The Software is
offered to you with the exclusive right to use only it
in order to play the Games offered by BackgammonMasters in
accordance with the terms and conditions of the Site.
Any other use, including modifying, adapting,
translating, reverse engineering, decompiling,
disassembling, or otherwise attempting to discover the
source code of the Software or any part of it is
expressly forbidden.
Creating, publishing, and distributing derivative works
from the Software is also forbidden. Any use of the
Software for any purpose other than connection to our
Server to play BackgammonMasterss Games in accordance with
the terms and conditions of the Site is forbidden. You
agree that the Software will not be shipped,
transferred, or exported into any country or used in any
manner prohibited by any applicable laws, restrictions,
or regulations.
11.
Account Funds:
Play
money funds have no value in and of themselves and are
kept separate from real money funds in your Account.
Play money funds are not transferable to a real money
account, nor redeemable for any currency.
To
play Real Money Games, you will be required to deposit
funds into your Account by any of the methods specified
by BackgammonMasters.com. Payment methods may be updated,
expanded, or removed as deemed necessary by
BackgammonMasters. Such funds will be deposited into your
Account upon actual receipt of funds by BackgammonMasters
and/or its agents. Under no circumstances shall you be
permitted to use your Real Money Account with
BackgammonMasters for any purposes other than for playing
Real Money Games, and in the event that BackgammonMasters
determines that the foregoing provision has been
breached by you, BackgammonMasters reserves the right to
immediately block access to the Games to you, terminate
your Account, and to seize all monies held in your Real
Money Account.
BackgammonMasters.com reserves the right to impose minimum
and maximum limits of deposit to your Account, depending
upon your history with BackgammonMasters, the method of
deposit, and other factors as determined solely by
BackgammonMasters.
BackgammonMasters is not a bank and funds are not insured
by any government agency.
The transferring of funds from one account to another by any means than through actual game play is strictly prohibited and will result in the disabling of all transferring and receiving accounts involved. BackgammonMasters reserves the right to disable any account which engages in any type of transfer of funds which we deem as non-regulatory.
All
payments to and from your Account must be paid in the
currencies specified on the Site and shall not bear
interest. BackgammonMasters reserves the sole right to add
or remove currencies available. All payments into your
Account must be from a payment source for which you are
the named account holder.
12.
Electronic Service Provider EPSs:
In
order to play the Real Money Games, you will be required
to send money to and receive money from us.
BackgammonMasters may use third party electronic payment
processors and/or financial institutions ("ESPs") to
process such financial transactions. You irrevocably
authorize us, as necessary, to instruct such ESPs to
handle deposits and withdrawals from your Account and
you irrevocably agree that we may give such instructions
on your behalf in accordance with your requests as
submitted using the relevant feature on our website. You
agree to be bound by the terms and conditions of use of
each applicable ESP, and in the event or conflict
between this Agreement and the ESP's terms and
conditions, this Agreement shall prevail.
13.
Cash Outs:
Your
account balance is the amount of real money held in your
Account to access the Real Money Games, plus or minus
any accrued wins or losses, less any rakes or entry
fees, less any amounts previously withdrawn by you or
amounts forfeited or reclaimed by BackgammonMasters due to
any known or suspected fraud or due to deposits or other
transactions rejected or cancelled by your bank or any
relevant third party bank (whether as a result of
insufficient funds, charge-backs, or otherwise), any
Inactive Account Fees (see section 14 below) or any sums
which are otherwise deducted or forfeited under terms of
this Agreement ("Account Balance"). Acceptance of cash
out requests is subject to any deposit method
restriction, bonus restrictions, Security Reviews, and
any other terms of this Agreement. All amounts you
withdraw are subject to the transaction limits and any
processing fees associated with your selected withdrawal
method. If there is a withdrawal processing fee, you
will be notified of it upon selecting your withdrawal
method. Further, BackgammonMasters may report and withhold
any amount from winnings in order to comply with any
applicable law. All federal, state, and local taxes due
in connection with any winnings awarded to you are your
sole liability, unless otherwise specified by
BackgammonMasters. Account Balances cannot be transferred,
substituted, or redeemed for any other prize. Payment of
funds which you withdraw shall be made by check, wire,
credit card, and/or any other manner which
BackgammonMasters selects in its sole discretion, although
we will try to accommodate your preferences as indicated
by you when you register. Payments will be made as soon
as reasonably possible, although there may be delays due
to any Security Review undertaken by BackgammonMasters, or
for any reason BackgammonMasters deems it necessary to
delay payment.
14.
Bonuses, Promotions and Prizes:
BackgammonMasters reserves the right to cancel any promotion and or bonus offered at anytime. BackgammonMasters has sole discretion as to who is eligible to receive bonuses. BackgammonMasters may stop any promotional offer at any time. No promotional bonus or offers may not be combined with any other offers.
BackgammonMasters reserves the right to request photos from competition and prize winners and to publish these materials on the website and in promotional materials. BackgammonMasters may hold conditional the receipt of any prizes upon the submission of those photos and or materials.
15.
Inactive Account Fees:
If
you do not access your Account by "logging in" to your
Account using your Account name and password for any
period of 180 days, your Account will be deemed
Inactive, and BackgammonMasters shall be entitled to charge
an administrative fee of $5 charged at the end of each
calendar month that the Account remains Inactive and may
deduct the same from your Account Balance. The
administration fee will no longer be charged if your
Account is re-activated prior to any monthly fee being
deducted.
SECTION II Forfeiture; Account Closure; Termination
1.
Forfeiture & Account Closure
1.1
BackgammonMasters reserves the right to suspend your
Account, freeze any monies in the account, terminate
your usage, and take any other measures necessary, if:
- You are in breach of any term of this Agreement;
You have been charged with, convicted of, or suspected
of online fraud, skillgaming fraud, or any other type of fraudulent behavior.
For these purposes, fraud includes collusion or any
other improper activities which could harm
BackgammonMasterss Games, Servers, or reputation.
- You have "charged back" or denied any of the purchases
or deposits that you made to your Account;
- If you become bankrupt or analogous proceedings occur
anywhere in the world.
1.2
If after a Security Review has been performed you have
either:
- Been found not to have been in compliance with this
Agreement; or
- Not provided responses satisfactory to BackgammonMasters
within a reasonable time frame as specified in a
security review request or within 30 days, if no time
frame has been specified.
Then
you will forfeit any account balances, and your account
will be closed. You will not be allowed to open another
account for 5 years.
2.
Termination:
You are entitled to
close your Account and terminate this Agreement at any
time by sending an email or contacting us using any
method outlined at
Contact Us
and we will respond within a reasonable time frame
provided that you shall be responsible for activity on
your Account until such closure has been effected by us.
BackgammonMasters is entitled to terminate this Agreement
immediately on notice (or attempted notice) to you at
the email address that you have provided to us. Where
BackgammonMasters has terminated as a result of a failed
Security Review, any Account Balances in your Account
are non-refundable and deemed forfeited.
SECTION III Indemnity and Liability
1.
Indemnity:
You
agree to hold BackgammonMasters, its employees, officers,
directors, licensees, licensors, affiliates, and
subsidiaries blameless and further agree to fully
indemnify them from any and all costs, expenses,
liabilities, and damages whatsoever that may arise as a
result of your breach of this Agreement.
2.
Limited Liability of BackgammonMasters.com
-
All use of BackgammonMasters Software, Servers, and Games
is at your sole discretion, option, and risk.
BackgammonMasters will not be held accountable for any
computer malfunctions caused by the Software, or by any
misuse of any resource granted to you by BackgammonMasters.
-
Any risks involved in the quality, use, and performance
of all BackgammonMasters Services, Games, and Software, are
assumed by the User.
-
BackgammonMasters is not to be held accountable or legally
liable for any damages, losses, costs, or expenses
incurred in connection with this agreement or your use
of the Services, Games, or Software. BackgammonMasters will
not be held accountable even if the damages occur due to
negligence, breach of contract, or for any other reason,
even if BackgammonMasters received prior warning of the
possibility of such damages.
-
BackgammonMasters will not be liable for any problem in the
software, including, but not limited to, bugs, viruses,
and malfunctions, nor will BackgammonMasters be held
liable for any damage to your computer equipment or
software
-
BackgammonMasters is not required to provide backup
networks or systems. Any redundancies in networks or
systems will be at BackgammonMasterss sole discretion.
-
In any case, Backgammon Masters maximum liability to you
or any other parties involved in this Agreement will not
exceed the amount paid by the User in rakes or fees in
the previous calendar year.
-
No part of these Terms and Conditions excludes any
liability BackgammonMasters may have in case of fraud or of
personal injury or death caused by BackgammonMasterss
negligence.
SECTION IV - Miscellaneous
1.
Disputes:
BackgammonMasterss backgammon software operates using a
Random Number Generator (RNG) which has been tested by
an independent auditor. By signing this Agreement, you
accept that any difference in results between the
Software operating on your hardware, and the server will
be resolved based on the servers results. Moreover,
BackgammonMasterss records will be the final authority in
determining the terms of your participation in the Games
and any activity resulting therefrom.
Dispute Resolution:
If you have any
dispute with regard to any outcome in the Games or any other activity at
BackgammonMasters.com, you must submit your complaint to us in writing
within fourteen (14) days of the incident by email to
Dispute@BackgammonMasters.com. You may also submit notices to us in writing
at JD Lucky Skill Limited at: Player Claims, BackgammonMasters.com,
Atho
3 B-C,
Agioi Omologites,
P.C. 1087,
Nicosia, Cyprus. Please note that any responses will be made to your
email address as it is listed in your account. Be sure
to update us of any changes, and to check your email
regularly for notices from BackgammonMasters.
2.
Assignment:
In
case of merger, acquisition, partial merger, or partial
acquisition, we reserve the right to transfer, assign,
and sublicense or pledge this Agreement, in whole or in
part, to any entity without notice and you will be
deemed to consent to such assignment. You may not
assign, sublicense, or otherwise transfer or in any
manner whatsoever any of your rights or obligations
under this Agreement.
3.
Third Party Rights:
Except insofar as this Agreement expressly provides that
a third party may in their own right enforce a term of
this Agreement, a person who is not a party to this
Agreement has no right under local law or statute to
rely upon or enforce any term of this Agreement but this
does not affect any right or remedy of a third party
which exists or is available other than under local law
or statute.
4.
Entire Agreement, Modification and Amendments:
You
fully understand and agree to be bound by this Agreement
and as modified and/or amended by us from time to time
at our sole discretion. BackgammonMasters may amend or
modify this Agreement at any time by publishing the
modified Agreement on the relevant page of
BackgammonMasters.com or any website through which you
access the Services. Any such modification will take
effect immediately upon notification and in any event
within 30 days of publication. If any modification is
unacceptable to you, your only recourse is to terminate
this Agreement. Your continued use of the Software
following the 30 day period or your receipt of notice
will be deemed binding acceptance of the modification.
It is your sole responsibility to review this Agreement
and amendments herein each time you play.
This
Agreement, and all the Terms and Conditions, and the
documents referred to herein represent the complete and
final agreement between you and us and supersede any and
all prior agreements between you and us.
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