Circle Games (Poker) Terms of Use

DEFINITIONS

These Circle Games Terms and Conditions of Use ("Poker GTCU") constitute a legally binding agreement (the "Agreement") between You and BES.

Please read the detailed Poker GTCU below before accessing the partypoker Platform or using real money with the software (the "Software"). These conditions form part of the Contracts, as defined in the General Terms and Conditions of Use. The capitalised terms used are terms defined in the General Terms and Conditions of Use.

• 1. POKER ACCOUNT
• 2. FRAUD, PROGRAM ERRORS AND CHEATING
• 3. GENERAL TERMS AND CONDITIONS FOR TOURNAMENTS
• 4. LOBBY AND TABLE LIVE CHAT
• 5. TECHNICAL ERRORS
• 6. RAKE STRUCTURE
• 7. POLICIES, LIVE COMPETITIONS AND EULA

1.Poker Account

• 1.1. When the Player creates a poker Account with partypoker.fr, they must choose an "alias" for their poker activities.
• 1.2. The Player undertakes, when asked to choose an alias, not to choose an alias that may be mistaken for someone else or an alias which may breach third-party rights.
• 1.2.1. BES prohibits the use of inappropriate aliases. BES will cancel the membership of any member using a user name selected in violation of these Poker GTCU at any time.
• 1.2.2. The Player will be solely responsible for all activities performed under their alias. The Player will be solely responsible for any unauthorised use of their registered email address enabling someone else to access their alias/user name.
• 1.2.3. Unless otherwise stipulated by law, the Player shall indemnify partypoker for all activities conducted through the Player's Account.
• 1.3. By accepting these Poker GTCU, You authorise BES to publish and use Your alias in web posts, promotions, blogs or any other format to publicise a win or any other event related to the games. For more information about Your rights concerning Your personal data, please see Our Privacy Policy.

2.Fraud, Software Errors and Cheating

For information about Our fraud policy, see clause 28.3 of Our General Terms and Conditions of Use.

3.Tournament-Specific Conditions

• 3.1. The following general rules and guidelines apply to tournaments offered by BES on the Platform in addition to these Poker GTCU:
• Tournament Rules
• Tournament Refund Policy in the event of collusion
• General Conditions for Live Team Events
• 3.2. Special rules may apply to certain tournaments in addition to these Poker GTCU and the Specific Tournament Conditions. If this is the case, those special rules will be duly published on the partypoker.fr Platform so players can read and accept them.

4.Lobby and Table Live Chat

• 4.1. Unless otherwise expressly stipulated, BES will not provide any facility for sending and receiving private or confidential electronic communications. All messages sent between Players via the live chat service provided on the partypoker Platform will be immediately publicly accessible. Players are not authorised to use the partypoker Platform for private conversations. Players are expressly informed that all messages sent on the partypoker Platform may, and are likely to, be read by that service's agents and operators, even if said messages are not intended for them.
• 4.2. The partypoker Platform provides certain community services that enable Players to use public live chat at poker tables. This allows Players at the same table to talk to one another. There are certain guidelines for using these services. When using live chat, users are prohibited from:
• 4.2.1. publishing data, text, images, files, links, software or other content BES may deem unlawful, offensive, threatening, abusive, malicious, defamatory, vulgar, obscene, inciting hate, racist or unacceptable in any other way;
• 4.2.2. harming minors in any way whatsoever;
• 4.2.3. posing as another Player in chat;
• 4.2.4. including, publishing or forwarding content that the user is not permitted to forward;
• 4.2.5. including, publishing or forwarding content that infringes third-party rights, in particular as regards patents, trademarks, copyrights, trade secrets or other property rights;
• 4.2.6. including, publishing, distributing or mentioning in any other way any advertising, promotional materials or other information/news which may promote other poker, sports betting and/or gambling service providers in chats;
• 4.2.7. using a live chat service for commercial purposes;
• 4.2.8. including, publishing or forwarding material or any other content which may contain computer viruses or other information, files or programs intended to, or likely to, interrupt, destroy or restrict the functioning of the computer software and IT equipment or telecommunications systems;
• 4.2.9. altering the technical function of the live chat service or interrupting the normal communication process, or jeopardising the ability of other users to communicate in real time by any means whatsoever;
• 4.2.10. accessing the servers or networks associated with the live chat service, or interrupting said servers or networks, or failing to comply with the network regulations, processes or other rules associated with the live chat service;
• 4.2.11. harassing, threatening, slandering, annoying or embarrassing anyone, whether an individual or a legal entity, or causing anyone inconvenience of any kind.

If, at any point, the partypoker Platform provides a service enabling users to share information or communicate with other users, the Player expressly undertakes not to publish, disseminate or send any defamatory, offensive or illegal content, or any content that breaches third-party rights, in particular, without this list being exhaustive, intellectual property, privacy, advertising or contractual rights, when using the partypoker Platform or other Services included on the partypoker Platform.

• 4.3. The recommended languages for chat are English, French and Spanish.
• 4.4. If the Player violates these Non-Banking Card Games Services Terms of Use, BES may ban the Player, temporarily or permanently, from using the live chat service.
• 4.5. The Player acknowledges and accepts that BES may use means to prevent and remove published content including, without being limited to, unlawful, shocking, threatening, abusive, inappropriate or unacceptable content.

5.Technical Errors

System Failure

In the event of a server failure or system removing all Players from the table or preventing a hand from being continued, the hand in question will be deemed "dead" (invalid) and all funds will be refunded to the players affected.

6.Rake Structure

The rake is the tax each player has to pay to the bank to play at a table, whether the table is playing real or play money. This tax must be paid in real money at real-money tables and in virtual money at play-money tables. However, if there is no flop, no rake is deducted from the pot (no rake, no deduction).

Partypoker.fr rake structure:

The structure is based on the wagering level and the maximum rake is based on the number of players.

7.Policies, Live Competitions (hereinafter "live tournaments") and EULA

7.1. Multiple Accounts Policy

Non-Banking Card Games on Services the partypoker Platform are provided by the PartyGaming network (the "PartyGaming Network") which is the leader of one of the largest networks in the poker world. The PartyGaming Network allows players registered on the partypoker.fr, bwin.fr and pmu.fr sites to play at the same PartyGaming Network online poker tables. When a player registered with a PartyGaming Network operator plays at a PartyGaming Network table, their actions are governed by the contract they concluded on the online gambling operator's site they registered with.

A player may have created an Account with multiple gambling operators belonging to the PartyGaming Network. However, it is strictly prohibited for a Player to register for a single tournament using more than one of the Accounts they hold in the PartyGaming Network.

Any Player taking part in a tournament using multiple Accounts is in breach of this policy and risks the following consequences:

1. Being disqualified from the ongoing tournament if the breach is detected in real time.
2. The funds in question in the PartyGaming Network being frozen and/or confiscated after legal action against the Player before the French courts and the Player Account will be closed.
3. Being permanently banned from gambling on any site operated by BES in France (bwin.fr and partypoker.fr).

Tournament pay-outs (winnings distributed to tournament winners) may be blocked for 14 days if an investigation is necessary (even though We endeavour to conclude all investigations within 72 hours). Investigations are based on automated processes and manual checks are performed by separate support and security teams during and after tournaments.

If an investigation finds that there is or was a serious problem, all Accounts suspected of being involved may be frozen for the duration of the investigation. That means that those Players will not be able to log in or play and will not be able to withdraw or transfer funds. We realise this may cause some inconvenience and We regret that this may affect innocent players.

If an investigation requires the winnings for a tournament to be blocked before they are distributed to the winners, We will inform all players involved of this situation just before the tournament ends.

Where applicable, Players can review the outcome and any action taken via the PartyGaming Network Operators' websites. If the prizes require redistributing, Players will be informed directly.

7.2. Tournament Refund Policy in the Event of Collusion

This Refund Policy applies to Accounts opened on the partypoker Platform. Affiliated Accounts with other operators in the PartyGaming Network will not benefit from this policy.

This Refund Policy sets out the rules applicable in the event of proven collusion in tournaments. The punitive measures applied against caught "accomplices" are listed in the PartyGaming Network Multiple Accounts Policy.

This Policy has been designed to provide fair treatment in proven cases of cheating during tournaments. All decisions will be made by BES. Detailed information about Our investigations, and the investigations performed by the "PartyGaming Network" security team, will be published at Our sole discretion.

The policy deals with three separate types of collusion in tournaments: checkdowns, chip dumping and co-op play (multi-accounts).

7.2.1. Checkdown

Checking down is when two or more players follow an all-in player and agree to check until the showdown. On the partypoker Platform, it is prohibited under poker rules and ethics to expressly agree on such conduct. It is also against these same rules to suggest such an action to another Player.

Players found guilty of having verbally agreed not to play against one another in a hand with the express intention of optimising their chances of eliminating a third player will be sanctioned under the terms and conditions set out in Article 7.1.

7.2.2. Chip Dumping

Chip dumping in tournaments is defined as a situation in which a player deliberately loses chips to another player with the sole aim of increasing their combined chances of winning the prize.

The penalty for chip dumping is a permanent ban for all Accounts involved and the funds in question may be frozen and/or confiscated by court order.

7.2.3. Co-Op Play (Multi-Accounts)

Co-op play is defined as the situation in which one or more Players taking part in tournaments (scheduled or sit & go) using a total of two Accounts or multiple Accounts who share, or try to share, information about hands or players with one another. Sharing information includes playing with multiple Accounts from the same computer, using online messaging services or any other form of communication online or offline.

All Co-Op Accounts will be closed and, pursuant to the PartyGaming Network Multi-Account Policy, risk having the funds in question frozen or even confiscated by court order. In all cases of multi-account collusion, We will also initiate an in-depth investigation concerning the Accounts in question. The Players behind all caught Accounts are not welcome on the partypoker Platform under any circumstances.

7.3. General Conditions for Live Team Events (hereinafter "live tournaments")

7.3.1. General

7.3.1.1. Players qualified to take part in a live tournament via partypoker participate in said live tournament as a member of the partypoker Team.

7.3.1.2. The Player may not exchange a prize of a buy-in for a live tournament for a cash prize.

7.3.1.3. These General Conditions for Live Tournaments may be substituted with specific live tournament rules by the organiser of the tournament in question. If any one of these General Conditions for Live Tournaments is substituted by a specific live tournament rule, this will not affect the validity of the remainder of these General Conditions for Live Tournaments.

7.3.2. Substitute Tournament

7.3.2.1. If the Player cannot participate in a given live tournament, BES may offer the Player the chance to take part in an alternative live tournament of equivalent or lower value. If the alternative live tournament is of a lower value, the Player will receive the difference credited as buy-ins. If no appropriate alternative is available to the live tournament, the prize may be declared forfeited.

7.3.2.2. If the tournament is cancelled, the Player will be offered an alternative of the same value.

7.3.2.3. If a live tournament is cancelled, BES will offer the Players registered for that tournament a substitute. The Player my accept or refuse to take part in the substitute tournament. The refund and cancellation terms applicable if Players refuse will be detailed in the terms applicable to the tournament. If the Player is sent to an alternative live tournament, and if BES is not responsible for cancelling the original tournament, BES will not be held liable for any additional costs associated with the new location of the alternative tournament.

7.3.3. Costs Associated with the Tournament

The following costs associated with a live tournament will be covered by BES for Players who have qualified online and who have won a package that includes the buy-in plus an all-inclusive package for the Player's travel and accommodation expenses:

• Tournament buy-ins: BES will bear the costs of the tournament buy-in.
• Travel and accommodation expenses: BES will grant the Player a fixed sum to cover their travel and accommodation expenses. The total package amount will be clearly displayed on the page promoting the online qualifiers for the live event in question. This amount will be credited to the Player's Account on the partypoker Platform. The Player will be solely responsible for all additional costs, such as meals, room service, phone calls, etc.

In the case of online qualifiers that offer players a direct buy-in (in other words, a buy-in that does not include an "expenses" package), the Player will be responsible for all travel and accommodation costs.

7.3.4. Obligations

7.3.4.1. When participating in a live tournament, or any event organised in connection with the same, the Player shall wear partypoker branded clothing visible at all times except where this is expressly prohibited by the tournament organisers.

7.3.4.2. With regard to their participation in a live tournament, the Player who takes part in online qualifiers expressly agrees to attend interviews and/or other acts organised by public relations agencies on BES's behalf. This may include, without this list being exhaustive, taking part in a daily interview by BES staff and providing any additional information of interest regarding any partypoker site. BES owns the exclusive rights to copy, reproduce and use all or part of the results of these interviews or public relations activities, including photos and videos of the Player. The Player hereby waives their right to review or approve such use.

7.3.4.3. If the Player is interviewed by a third party in connection with a live tournament, they shall mention that they were selected to take part in the live tournament by playing on the partypoker Platform, except where the tournament organisers expressly prohibit such information.

7.3.4.4. The Player is aware and accepts that BES may use the Player's images and videos, and the Player's name and alias used on any BES site, in connection with the information about a live tournament, in accordance with the assignment of rights form signed to this effect when they registered for the tournament.

7.3.4.6. If the Player fails to comply with the obligations set out in this contract, they may be excluded from any future competitions in which partypoker Teams take part, including qualifier tournaments and live tournaments. BES shall notify the Player about this ban in writing and inform them of the reasons for and consequences of said ban.

7.3.4.7. If a Player subject to such a ban does take part in and win a prize in a qualifier tournament as a member of the partypoker Team, the prize will be declared forfeited.

7.3.5. Additional activities

BES may organise additional activities throughout a live tournament. BES may not be held liable in any way whatsoever for any damage of any kind incurred by the Player during such activities which is not caused by a fault on the part of the BES. The Player will be responsible for their own personal safety at all times and must act accordingly. This applies for the entire period during which the Player acts as a member of the partypoker Team.

7.3.6. Prize Value

The total estimated value of the prize granted to the Player winning access to a live tournament, as indicated on the partypoker Platform, may not be refunded to the Player if they do not participate in all of the activities included in the prize. BES may not be held liable if the Player decides not to participate, or is not able to participate, for personal reasons or for reasons to do with the tournament process.

7.3.7. Miscellaneous

7.3.7.1. The Player must have reached the age legally required to participate in a live tournament and the Player will be solely responsible for providing evidence of their legal age. BES is entitled to ask the Player for proof of their legal age at any time.

7.3.7.2. The Player is solely responsible for ensuring they have any visa that may be required or fulfilling any other conditions, such as any immunisations that may be needed, required for the Player to enter the country or region where the live tournament is taking place.

7.3.7.3. The Player shall have a credit or debit card for all costs not covered by BES.

7.3.7.4. The Player will be personally liable for any taxes associated with the prize winnings.

7.4. Player's Licence to Use the Software (End User Licence Agreement – EULA).

7.4.1. Note for the Player

By downloading the Software and clicking "I accept", You agree to be bound by all of the terms and conditions set out in this section 7.4 regarding the Software Licence. If You do not agree to all of these terms and conditions, You are prohibited from downloading the Software.

7.4.2. Granting of the Licence

BES hereby grants You a personal, non-exclusive and non-transferable licence to use the Software, and all enhancements, improvements, updates or bug fixes for said Software, provided by BES or by a distributor authorised by BES (the "Licence").

You are authorised to use the Software on any personal computer server and to make one (1) copy of the Software for backup and archiving purposes, providing any copy contains all of the property notices included in the original Software. Any commercial use of the Software is strictly prohibited. You are only permitted to gamble for Your own personal entertainment. You acknowledge and agree that Your use of the Software will be strictly personal (and not professional). Before using any partypoker Platform, You shall be solely responsible for finding out about any applicable gambling laws and regulations in force within the jurisdiction You are using the Licence in to identify any restrictions that may apply to You, and to act in compliance with such restrictions. You agree and acknowledge that You are 18 years of age, or any higher age which may apply within Your jurisdiction under gambling laws and regulations.

You are prohibited from modifying, altering or translating the Software's source code, from reverse engineering, decompiling, disassembling it (except where the applicable legislation specifically prohibits such a restriction), or from trying to derive the Software source code by any other means, or creating derivative works based on the Software. You are also prohibited from copying the Software (except under the conditions set out above), selling it, renting it or renting it out, granting sublicences, distributing or assigning the Software, or any right over the Software, by any other means, or removing any notice or label regarding ownership of the Software that appears on or in it, or from using the Software on any network with multiple users, or in any IT environment with multiple computers, or during any activity on a time-sharing basis, or comprising IT services, or allowing any third party to use the Software, or giving them the means to use the Software or commit any of the foregoing acts.

7.4.3 Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR ASSERTION OF ANY KIND. WHERE PERMITTED BY THE APPLICABLE LEGISLATION, BES, ITS LICENSORS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT BEING LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS CONCERNING MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS REGARDS THE SOFTWARE. NEITHER BES NOR ITS LICENSORS OR SUPPLIERS CERTIFY, WARRANT OR DECLARE ANYTHING WHATSOEVER REGARDING THE USE OF, OR THE RESULTS OF USE OF, THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY OR RELIABILITY, OR CERTIFY, WARRANT OR DECLARE THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTIONS OR ERRORS. YOU WILL BEAR THE FULL RISK, ANY COSTS, AND ALL LIABILITY ASSOCIATED WITH THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ITS USE. THE FOREGOING DISCLAIMERS WILL NOT AFFECT YOUR STATUTORY RIGHTS.

7.4.4. Liability Limitation

BES will not accept any liability where non-fulfilment, or improper fulfilment, of the contract is attributable either to the Player, or the unforeseeable and insurmountable fault of an external third party in supplying the services provided for in the contract, or to a force majeure scenario.

7.4.5. Title

The Software is protected by copyright laws and by international copyright treaties. BES and/or its licensors and suppliers will retain all their rights, including property rights and all intellectual property rights pertaining to and associated with the Software and its documentation, and to the associated trademarks.

7.4.6. Termination

The Licence, including all of Your rights to use the Software, will be terminated automatically and immediately if You fail to comply with the terms of this Licence. Upon termination, You shall cease to use the Software immediately and You must delete all copies of the Software. If You have been provided with the Software for a limited "trial period" or similar, Your right to use the Software will end automatically upon expiry of the applicable trial period, and You shall cease using the Software and delete all copies of the same at that point. You expressly acknowledge and agree that BES may have included a feature in the Software that allows BES to disable the Software so You can no longer use it if You breach this Contract and/or to disable the Software so You can no longer use if once Your trial period has expired.

7.4.7. Entire Agreement and Amendments

BES reserves the right to amend the terms of this Licence at any time, at BES's sole discretion, by publishing a new version of the applicable terms and conditions on the partypoker Platform. In this scenario, You must accept the new terms and conditions in question before You can continue to use the Software. You acknowledge and agree that BES may disable the Software so You can no longer use it if You do not accept said revised terms and conditions.

7.4.8. Invalidity

In the event of any provision of this Licence being deemed invalid or not applicable for any reason whatsoever, said provision will be amended where necessary to render it valid and applicable.

7.7.9. Applicable Law and Place of Jurisdiction

This Licence shall be governed by and interpreted in accordance with Gibraltar law in the absence of any applicable mandatory provisions offering greater protection for the consumer. Any dispute associated with this Licence will be settled by the Gibraltar Courts and the Parties hereby irrevocably agree to the sole jurisdiction of said courts.