These Terms of Service were last updated on January 16, 2024. You may always view the most recent version of these Terms of Service here:
YOUR USE OF THIS GAMBLING SERVICE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS OF SERVICE WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE SERVICE IMMEDIATELY. PLEASE READ THESE TERMS OF SERVICE (the "Terms of Service") CAREFULLY BEFORE USING THIS SERVICE .
Phenom Poker S.A., a Panama corporation, (the " Company ", or "We", or “Phenom Poker”) is the operator of the website domain www.phenompoker.com (the "Website"). The Company is licensed and regulated by the [INSERT ANJOUAN LICENSING AUTHORITY HERE ] for the purposes of operating and offering real-money Internet-based interactive poker services (hereinafter referred to as the "Gambling Services", or "Services"). When You (hereinafter referred to as the "User", or "You") use the Website, or Services, these Terms of Service (hereinafter referred to as the "Terms of Service", or "Agreement") shall apply to such use.
In addition to this Agreement, the Privacy Policy, which can be found at the " Privacy Policy " applies to Your use of the Website and the Services, and You should review it prior to any use of the Website or the Services .
Your use of the Gambling Services is subject to all additional rules applicable to the Gambling Services, including, but not limited to, the "Responsible Gaming Policy", and the "House Rules”, (together the "Additional Rules") in each case as We may update from time to time. The Privacy Policy and Additional Rules are incorporated by reference into this Agreement and shall constitute an integral part thereof.
1.1 By registering with the Company via the Website and/or by using the Gambling Services and/or by marking the "I have read and agree to the terms of the Terms of Service" box below (or any other similar wording), You agree to be bound by this Agreement, the Privacy Policy and the Additional Rules in their entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company and, this Agreement shall govern Your use of the Website and the Gambling Services. It remains Your responsibility to check these Terms of Service periodically to ensure that You continue to agree with them each time You use the Website.
1.2 The Company operates the Website and offers the Services under an [ License] issued by the [INSERT AUTHORITY HERE ].
1.3 The software offered by the Company (the "Software") allows You to use the Gambling Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion with immediate effect and without notice, subject to any statute, regulations or direction from the [INSERT AUTHORITY HERE ]. To the greatest extent permitted by applicable law, Your use of the Gaming Service constitutes the waiver of any loss or claim against the Company resulting from any changes made to the Software or Services.
1.4 You may only have one account for which You will register using Your own legal name. You shall access the Software and use the Services only via Your account, and You may never access the Software or use the Services by means of another person's account. Should You attempt to open more than one account, under Your own name or under any other name, or should You attempt to use the Services by means of any other person's account, We may suspend use of Your account pending investigation, and/or notify the [INSERT AUTHORITY HERE ]. of the suspected activity, which may result in the closure of Your account, any other accounts opened in connection with other specific brands of the Company, and the preclusion from Your future use of the Services.
1.5 Please note that You are prohibited from using this website or the Software if You are (i) under 18 years of age, (ii) a person under the legal age of majority in Your jurisdiction, or (iii) connecting to the Site from a jurisdiction from which such use is prohibited or it would be is illegal for Phenom to provide the services related to Your use of the Software.
1.6 The License granted to you to play the games is governed under the laws of Anjouan.
2.1 IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY STOP USING THE SOFTWARE. BY REGISTERING WITH US, USING THE SERVICES, USING THE SOFTWARE OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.
2.2 We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement (including any of the Additional Rules) from time to time and We will notify You of any such amendment, modification or change by publishing the new version of this Agreement (including any of the Additional Rules) on the relevant page of the Website. Unless otherwise stated, any modified version of this Agreement will take effect upon its publication on the Website and Your continued use of the Services or the Software after any modification will be deemed to constitute Your acceptance of the changes to this Agreement. It remains Yourresponsibility to ensure that You are aware of the correct, current terms and conditions of this Agreement and We advise You to check for updates on a regular basis.
2.3 We take our responsibilities in relation to Your privacy very seriously and therefore changes to the Privacy Policy are strictly subject to the modification provisions found therein.
2.4 Other than in relation to the Privacy Policy, please note that this Agreement shall prevail in the event of any conflict between this Agreement and any of the Additional Rules or other documents referred to in this Agreement. For the avoidance of doubt, the Privacy Policy shall prevail in the event of any conflict with this Agreement.
2.5 Your attention is drawn to our Privacy Policy at http://www.phenompoker.com/privacy-policy.asp which describes how We deal with and protect Your personal information. By accepting these Terms of Service, You are also acknowledging and accepting the Privacy Policy and the Additional Rules .
3.1 You represent, warrant and agree to ensure that your use of the Services will comply at all times with all applicable laws, statutes and regulations.
3.2 You acknowledge that You will comply with our requirements in connection with verifying your physical location at time of play.
3.3 We may verify the location of the device on which You are accessing the Services (the “Device Location Service”). The Device Location Service relies on WiFi or GPS signals to determine the geographic location of the device on which You are accessing the Gambling Services. Your device must have WiFi or GPS capability. You will not be able to play for real money on the Gambling Services from a device that does not have WiFi or GPS capability, or on which the WiFi or GPS (as applicable) has been disabled.
3.4 Additional terms associated with location verification can be found here.
3.5 The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by You. Please consult an attorney if You have any doubts about the legality of your use of the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.6 No license is granted hereunder to any User located within any jurisdiction where such offer of a license or use by such person thereof shall violate any applicable laws.
3.7 Under no circumstances will We, nor any of our affiliates or third party service providers and their respective affiliates, be responsible or liable in any respect for any losses You may incur as a result of Your location not being able to be properly verified for any reason. By using the Services, You understand and agree that such responsibility or liability is borne exclusively by You.
4.1 No one under the legal age in Your jurisdiction of residence to herein as "Legally of Age") may use the Services under any circumstances and any person not Legally of Age who uses the Services will be in breach of the terms of this Agreement and the laws of [LOCATION]. Use of the Services by someone not Legally of Age, and anyone who facilitates use of the Services by someone not Legally of Age has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate a person's account and exclude a person from using the Services if proof of age is not provided or if the Company suspects that a person using the Services is not Legally of Age. Company reserves its discretion with respect to refund of any Bonuses or winning funds provided to or gained by the user.
4.2 You hereby explicitly consent that We may verify Your registration details, such as Your name, physical address where You reside, Your date of birth and social security number, and Your passport identification (for non US residents) to confirm that You are Legally of Age. We reserve the right to verify that You have not been previously self-excluded with the Company and/or any affiliated casino property or any program offered by a governmental agency and otherwise remain on the Company's self-exclusion list. By requesting certain documents, We reserve the right to verify Your information, including Your e-mail address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) A valid government issued photo ID such as a valid passport or driver's license, and (b) proof of address such as a utility bill. In the Company’s sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event the Company's request for documents is not completed by You to the Company's satisfaction and received in 30 days, the Company will terminate the account and withhold any funds that are present therein. Company reserves its discretion with respect to the refund of any Bonuses or winning funds provided to or gained by the user. Should the documents fail the Company's internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of the Company's findings with regards to the documents.
4.3 You hereby explicitly consent to the Company performing background checks on any user for any reason, including, but not limited to, any investigation into the identity of the user, any credit checks performed on the member, or any inquiries into the member's personal history. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of the user's registration details, such as the name, address and age, verification of the user's financial transactions, and verification of the user's gaming activity. The Company shall be under no obligation to advise the user of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. The Company may decide, in its sole discretion, to suspend a User's account, and withhold any funds that are present therein, on the basis of such an investigation. Any initial deposit funds in such account shall be refunded to You.
4.4 We do not accept players who reside in a number of countries and jurisdictions. As a rule, if a potential player cannot find his/her country of residence in the list of countries available during the registration process, this means that Phenom Poker will not be able to accept him/her as a player, therefore this person will not be able to access to products and services of Phenom Poker.
5.1 The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, exclusively in connection with the use of the Services in accordance with this Agreement. The Software's code, structure and organization are protected by intellectual property rights. Without limiting the generality of the foregoing, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in 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); (e) collect, compile, aggregate, display, market, sell or otherwise distribute data or statistics obtained from the Services or Software; (f) use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Services or Software or collect data from the Services or Software, including without limitation, modifications and collections that violate the terms of this Agreement or the Terms of Service; or (g) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement (together the "Prohibited Activities").
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