PokerStars VR Online Software End User License Agreement – PM GAMES

“Play for Free” Games

The “play money”/ “play for free” virtual reality poker  games (“PM Games”) on the Stars Mobile software application (“Stars Mobile Application”), downloadable or made available to you on your end-user device (including, without limitation, a virtual reality headset, a personal computer, a video game console, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a “Device") on the Internet sites found at store.steampowered.com, www.oculus.com, www.viveport.com and such other Internet sites or links made available to you from time to time on PokerStars or other Stars Mobile site (the "Sites") are offered to you by Stars Mobile Limited  a company incorporated in the Isle of Man (company number 008457V) with its registered office at Douglas Bay Complex, King Edward Road, Onchan, Isle of Man, IM3 1DZ.

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Stars Mobile Application. Please note that the Agreement constitutes a legally binding agreement between you and Stars Mobile Limited (referred to herein as "Stars Mobile", "us" or "we").

The terms and conditions governing your play on PM Games on the Stars Mobile Application follow below.

By entering into this Agreement, you acknowledge that Stars Mobile is part of a group of companies. As such, where used and the context allows, the term “Group” means Stars Mobile together with its subsidiaries and any holding company of Stars Mobile and any subsidiary of such holding company and any associated company with Stars Mobile including, but not limited to associated companies providing services under the trade mark “PokerStars”.

In addition to the terms and conditions of this Agreement, please review the Privacy PolicyCookie Policy, as well as the other rules, policies and terms and conditions relating to the games and offers available in the Stars Mobile Application 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 clicking the "I Agree" button below as part of the software installation process and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policy and the Cookie Policy as each may be updated or modified from time to time in accordance with the provisions below and therein.

For the purposes of this Agreement, the definition of "Software" means any and all software that we provide or make available to you through the Stars Mobile Application, regardless of the medium, and whether it is downloadable by you to your end-user Device or not. Therefore "Software" will include the Stars Mobile Application downloadable or made available to you on your Device as well as all ancillary software to the Software (whether web-based software or client/server software).

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1

Subject to the terms and conditions contained herein Stars Mobile grants the User a non-exclusive, personal, non-sublicensable, revocable, non-transferable, limited right to install and use the Software on your Device, as the case may be, in order to access the Stars Mobile (or third party) servers and play the PM Games (the "Games") available (the Software and Games together being the "Service").

1.2

The Software is licensed to you by Stars Mobile for your private personal use. Please note that the Service 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 Sites and/or the Stars Mobile Application from jurisdictions from which it is illegal to do so. Stars Mobile is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.

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

Stars Mobile, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

  1. 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;
  2. sell, assign, sublicense, transfer, distribute or lease the Software;
  3. make the Software available to any third party through a computer network or otherwise;
  4. export the Software to any country (whether by physical or electronic means); or
  5. use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an "Unauthorised Use").

Stars Mobile, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify Stars Mobile immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Stars Mobile with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5

The terms "Stars Mobile", “PokerStars”, “PokerStars VR”, the domain names “pokerstarsvr.com”, “pokerstarsvr.eu”, and “pokerstarsvr.us” and any other registered or unregistered (as applicable) trade marks, service marks, signs, trade names and/or domain names used by Stars Mobile on the Service from time to time (the "Trade Marks"), are the trade marks, service marks, signs, trade names and/or domain names of Stars Mobile  and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Service, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Service Content") belongs to Stars Mobile and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. Stars Mobile makes no warranty (express or implied) in relation to any registered or unregistered Trade Marks within the Service and does not guarantee the absence of any prior rights of any third party in such registered or unregistered Trade Marks. You hereby acknowledge that by using the Service you obtain no rights in the Service Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Service Content and/or the Trade Marks without Stars Mobile prior written consent.

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Stars Mobile, its Group companies and/or its licensors in the Software, the Trade Marks or the Service Content nor will you do anything that damages the image or reputation of Stars Mobile, its Group companies, employees, directors, officers and consultants.

1.6

You warrant that any names or images used by you in connection with the Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant Stars Mobile and its Group a worldwide, irrevocable, transferable, royalty free, sublicensable licence to use such names and images for any purpose connected with the Service, subject to the terms of the Privacy Policy.

1.7

While using the Service, you may “earn” or otherwise use virtual chips within the Service (the “Virtual Chips”). You hereby acknowledge that these “real world” terms are only used figuratively, and you agree that you have no right or title in Virtual Chips appearing or originating in any Game, whether “earned” in a Game or otherwise accrued  from Stars Mobile, or any other attributes associated within an account or stored on the Service. Any “virtual currency” balance shown in your User account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

1.8

Stars Mobile prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Stars Mobile in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by Stars Mobile. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.

2. NO WARRANTIES
2.1

Stars Mobile 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 Software and the Sites shall be free from viruses, bugs or other contaminants.

2.3

Stars Mobile 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 where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Stars Mobile in this regard.

3. AUTHORITY
3.1

Stars Mobile retains authority over the issuing, maintenance, and closing of Users' accounts on the Service. The decision of Stars Mobile'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.

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

your use of the Service is at your sole option, discretion and risk;

4.2

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Stars Mobile and Stars Mobile shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

4.3

you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf). Virtual Chips have no value in and of themselves and are not transferable and exchangeable within a User account. Further, such Virtual Chips have no value in themselves and are not redeemable for any ‘real’ currency or prize. Thus you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your User account or any Virtual Chips associated with your User account to a third person; and

4.4

you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.

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 and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to Stars Mobile and the User is obligated to update such details in the event of any change thereto.

5.3

COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Stars Mobile reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table, including restricting two or more Users from playing together at the same table. In addition, Stars Mobile reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Stars Mobile 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 TOOLS. Stars Mobile prohibits external player assistance tools ("EPA Tools") that are designed to provide an “unfair advantage” to players. Stars Mobile defines EPA Tools as computer software (other than the Software), and non-software-based systems (e.g. websites, subscription services and physical material).  Stars Mobile takes a broad view of what constitutes an "unfair advantage" in the context of any use of EPA Tools and specific guidance can be found in our Third Party Tools and Services FAQ. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or receiving advice, direction or assistance on how to play, in real time that goes beyond a basic level.

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, and without the assistance of any form of artificial intelligence.

5.6

You agree that Stars Mobile may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with the Stars Mobile Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.7

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand in order to deliberately transfer his Virtual Chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, while using the Service may be permanently banned from using the Service and their User account may be terminated immediately. In such circumstances Stars Mobile will be under no obligation to return to you any Virtual Chips that may be in your User account at such time.

5.8

FRAUDULENT BEHAVIOR. In the event that Stars Mobile 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, Stars Mobile shall be entitled to take such action as it sees fit, including, but not limited to:

  1. immediately blocking a User's access to the Service;
  2. terminating a User's account with Stars Mobile;
  3. seizing all Virtual Chips within a User's account; and/or
  4. taking legal action against a User.
6. OFFENSIVE LANGUAGE OR CONTENT
6.1

The User is prohibited from posting or stating any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the voice chat function with respect to which please refer to our End User Licence Agreement, the player images option or in correspondence with Stars Mobile staff.

In order to ensure compliance with this clause 6.1, we may actively monitor the voice chat function, with such monitoring including the use of technology.

7. BREACH
7.1

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Stars Mobile or any other company within the Group which provides services to the User reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User's account on the Service or on any other Service operated by the Group, seizing all Virtual Chips held in the User’s account on the Service or on any other site operated by the Group and/or taking legal action against such User.

7.2

You agree to fully indemnify, defend and hold harmless Stars Mobile, the Group 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:

  1. your breach of this Agreement, in whole or in part;
  2. violation by you of any law or any third party rights; and
  3. use by you of the Service or use by any other person accessing the Service using your login credentials (as detailed below), whether or not with your authorization.
8. LIMITATION OF LIABILITY
8.1

Under no circumstances, including negligence, shall Stars Mobile or any other member of the Group 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 Stars Mobile had prior knowledge of the possibility of such damages.

8.2

Nothing in this Agreement shall exclude or limit Stars Mobile’s or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

9. SECURITY AND YOUR ACCOUNT
9.1

Each User account shall be accessible through the Sites and 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 nor permit another person to use the Service via his/her User account.

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 therefrom shall be that of the User.

9.4

A User may only have one User account with Stars Mobile and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Stars Mobile. In the event that Stars Mobile (or any third party acting on its behalf) becomes aware of additional accounts opened by a User, Stars Mobile (or such third party acting on its behalf) may close such additional accounts without notice and may confiscate Virtual Chips held in such additional accounts.

9.5

You will not be able to place any bets (with Virtual Chips) using the Service in an amount greater than the total amount of Virtual Chips in your User account.

9.6

Stars Mobile 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 (either via a third party acting on our behalf or not) 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.

9.7

Stars Mobile 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.

10. THIRD PARTY SOFTWARE
10.1

The Software contains, as a component, third party software (the “Licensed Software”).

10.2

The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

10.3

The Licensed Software may not be altered, modified or extracted from the Software.

10.4

The User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an End User that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by a User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement.

10.5

All rights not expressly granted in the Licensed Software are reserved.

10.6

The Licensed Software is provided “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed.

11. AMENDMENT
11.1

Stars Mobile 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 within the Stars Mobile Application or on other Stars Mobile sites. Therefore, we encourage you to visit the Stars Mobile Application or the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.

12. GOVERNING LAW
12.1

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 therefrom 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 Stars Mobile 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
13.1

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
14.1

Stars Mobile 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 Stars Mobile of any breach of any provision of this Agreement (including the failure of Stars Mobile 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 favour of any third parties not party to this Agreement other than with respect to any company within the Group.

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 Stars Mobile 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.

Copyright © 2021 Rational Intellectual Holdings Limited. All rights reserved.

Stars Mobile can be contacted via Support.

Version No. 1.1 of the Stars Mobile End User License Agreement. In force from April, 2021.