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TERMS OF SERVICE

END USER LICENCE 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 The Island Game service or products. Please note that the Agreement constitutes a legally binding agreement between you and Percy’s @ The Island Game (referred to herein as "The Island Game", "us" or "we") which owns and operates the Internet site found at www.theislandgame.com (the "Site"). In addition to the terms and conditions of this Agreement, please review our Privacy Policy, the Game Rules, the Real Money Processing and Currency Exchange terms and conditions and the other rules, policies and terms and conditions relating to the games 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 opening an Island Game account, registering with our Customer Compliance Representative, and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policy the Casino Sports and Poker Rules and the Real Money Processing and Currency Exchange terms and conditions as each may be updated or modified from time to time in accordance with the provisions below and therein.


1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1. Subject to the terms and conditions contained herein The Island Game grants the User a non-exclusive, personal, non-transferable right to install and use the The Island Game poker software ("Software") in order to access the The Island Game servers and play the poker games (the "Games") available (the Software and Games together being the "Service").

1.2. The Software is licensed to you by The Island Game for your private personal use. Please note that the Software is not for use 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. The Island Game is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter.

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. The Software's code, structure and organization 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 The Island Game; or

  • e. Use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an "Unauthorized Use"). You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify The Island Game immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide The Island Game with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5. The terms "The Island Game", and any other trademarks, service marks and/or trade names used by The Island Game on the Site from time to time (the "Trade Marks"), are the trademarks, service marks and/or trade names of The Island Game or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, 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") belongs to The Island Game or one of its group companies and/or its licensors 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, or any part thereof. Under no circumstances may you use the Site Content without The Island Game prior written consent.


2. NO WARRANTIES

2.1. The Island Game 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 services found therein shall be free from viruses or bugs. In the event of a hardware/software malfunction (whether internal or due to service interruption, or external due to connection time-outs, or power failure) bets/games in play may be voided.

2.3. The Island Game 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 and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by The Island Game in this regard.

2.4. An account is considered inactive when no game play has occurred in a 90 day (3 months) period. Inactive accounts which remain unused for a period of Six (6) months will be closed and any funds therein added to the Charitable Donation Accounts of The Island Game. Accounts which are inactive due to self-exclusion, shall not be considered to be inactive, until 90 days after the self-exclusion period ends.

2.5. The Island Game shall not, in the event of bets placed on live sporting events which are postponed/cancelled for any reason, be held liable for said postponement/cancellation, and shall return to the Customer’s accounts any and all funds wagered. In the event of a postponement, customers wishing to bet will have to make a new bet.

2.6. The Island Game shall not, in the event of bets placed on lottery play which are disabled/suspended/cancelled for any reason, be held liable for said postponement/cancellation, and shall return to the Customer’s accounts any and all funds wagered. In the event of a postponement, customers wishing to bet will have to make a new bet.

2.7. The Island Game shall not, in the event of bets placed on casino play which are disabled/suspended/cancelled for any reason, be held liable for said postponement/cancellation, and shall return to the Customer’s accounts any and all funds wagered. In the event of a postponement, customers wishing to bet will have to make a new bet.


3. AUTHORITY

The Island Game retains authority over the issuing, maintenance, and closing of Users' accounts at The Island Game. The decision of The Island Game' 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.


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. You acknowledge that there is a risk of losing money when using the Service and that The Island Game has no responsibility to you for any such loss.

4.2. You agree that your use of the Service is at your sole option, discretion and risk.

4.3. You agree that you are required to provide us with certain personal details about yourself (including details regarding your methods of payment) for the purpose of using the Service. Our control of the information provided by you shall be subject to our Privacy Policy.

4.4. You are solely responsible for any applicable taxes which may be payable on winnings paid to you.

4.5. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.


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 wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with The Island Game 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 The Island Game and the User is obligated to update such details in the event of any change thereto. A User may only have one account with The Island Game and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his account.

5.3. COLLUSION

Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. The Island Game 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, The Island Game reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly The Island Game 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.

5.4. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA)

The Island Game prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. The Island Game defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). The Island Game defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.

5.5. 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.

You must not use bot software or artificial intelligence, whether commercially obtained or privately developed, when playing on the TheIslandGame Site. ’Bots’ are software programs or other devices which interfere with the game software, which need little or no human action. Bots may use rules or artificial intelligence to make playing decisions. We will actively look for such software on the player’s machine subject to the player’s consent. Consent will also establish that the player will not interfere with any of the detection mechanisms. This clause applies regardless of whether the bot is actually used in conjunction with the Games or otherwise.

5.6 EPA PROGRAMS

You agree that The Island Game may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the The Island Game Software on the User's computer.

5.7. CHIP-DUMPING.

Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances The Island Game will be under no obligation to refund to you any monies that may be in your The Island Game account at such time.

5.8. FRAUDULENT BEHAVIOR.

In the event that The Island Game deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, 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, The Island Game shall be entitled to take such action as it sees fit, including, but not limited to:

  • a. Immediately blocking a User's access to the Service;

  • b. Terminating a User's account with The Island Game;

  • c. Seizing the funds within a User's account;

  • d. 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

  • e. Taking legal action against a User.


6. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with The Island Game staff. When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except The Island Game. Further, Users shall not make statements about The Island Game or the Service that are untrue or would reasonably be considered to be derogatory or critical.


7. BREACH

7.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, The Island Game 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 The Island Game, seizing all monies held in the relevant The Island Game account and/or taking legal action against such User.

7.2. You agree to fully indemnify, defend and hold harmless The Island Game 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:

  • a. Your breach of this Agreement, in whole or in part;

  • b. Violation by you of any law or any third party rights; and

  • c. 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.


8. LIMITATION OF LIABILITY.

Under no circumstances, including negligence, shall The Island Game 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 The Island Game had prior knowledge of the possibility of such damages.


9. SECURITY AND YOUR ACCOUNT

9.1. 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 other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features 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.

9.2. 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.

9.3. 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 therefore shall be that of the User.

9.4. Please note that monies held in your The Island Game account do not accrue interest.

9.5. You will not be able to place any bets using the Service in an amount greater than the total amount of money in your The Island Game account.

9.6. You are fully responsible for paying all monies owed to The Island Game. You agree not to make any chargeback’s, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse The Island Game for any chargeback’s, denial or reversal of payments you make and any loss suffered by us as a consequence.

9.7. The Island Game reserves 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. 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.

9.8. The Island Game reserves 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.

9.9. You acknowledge and agree that monies deposited by you in your The Island Game account are held in a trust account on your behalf.

9.10. DEPOSIT LIMITS

accordance with the Financial Transactions Reporting (Amendment) Bill, 2014The Island Game in accordance with Section 3 1. (e) being the holder of a gaming house operator licence under the Gaming Act 2014 is exempt from provision of Ch. 368 which speaks to specific threshold amounts for deposits. The Island Game however, reserves the right to place a limit on the amount of funds that you will be able to deposit at any time at a level that we may determine at our sole discretion. You may request that this deposit limit be altered by contacting our Customer Services Team.

9.11. WITHDRAWAL LIMITS

All monies deposited must be wagered and cannot be withdrawn. Withdrawals are of winnings only.

  • a. Daily Cash Withdrawal Limits from A.T.M. Machines are set at Two Thousand Dollars (B$2,000.00)

  • b. Withdrawals of Winnings in full may be requested by cheque payment.


10. DISPUTES

The User accepts that the historical data of each game shall be as recorded on the The Island Game servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the The Island Game server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayed" features of the Software shall not be considered as the official historical record of any hand.


11. AMENDMENT

The Island Game reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, 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.


12. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below, the courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising there from 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 The Island Game 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.


13. 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.


14. ASSIGNMENT

The Island Game 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.


15. MISCELLANEOUS

15.1. No waiver by The Island Game of any breach of any provision of this Agreement (including the failure of The Island Game 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.

15.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.

15.3. 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.

15.4. 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.

15.5. The User must provide full and truthful information in respect of all details and information requested by The Island Game in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

15.6. 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.


16. USE OF 'COOKIES' ON THE WEBSITE

16.1. The Website uses 'cookies' to track your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. We use cookies for the operation of the Website, including (for example) to allow you to remain logged in as you browse between, and use your Account to bet on or play games on, different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers' experience.

16.2. If you object to cookies or want to delete any cookies that are already stored on your computer, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies on your file management software. Further information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies from our website, you may not be able to access certain areas, games or features of the Website.



Copyright © 2011 The Island Game. All rights reserved.

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