Resorts Online Software End User License Agreement

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This end user license agreement (the “Agreement”) should be read by you (the “User” or “you”) in its entirety prior to your use of PokerStars’ services or products.

Please note that the Agreement constitutes a legally binding agreement between you, on the one hand, and DGMB Casino, LLC (“DGMB”) and Resorts Digital Gaming, LLC (“Resorts Digital”) on the other hand. DGMB and Resorts Digital are hereinafter collectively referred to as “Resorts.”  DGMB and Resorts Digital are organized under the laws of the State of New Jersey and are licensed and regulated by the New Jersey Casino Control Commission (“CCC”) and the New Jersey Division of Gaming Enforcement (“DGE”) under the relevant laws of the State of New Jersey for the purposes of operating and offering real-money, online interactive gaming services.

The provisions of this Agreement are entirely subject to applicable law and the terms of Resorts’ license issued by the CCC and Internet Gaming Permit issued by the DGE.

“Real Money” Games

Resorts offers real money poker and casino games (“RM Games”) on the Internet Site found at www.pokerstarsnj.com and www.pokerstarscasinonj.com (the “Site”) on the terms and conditions governing your play on RM Games set out below.  Resorts has contracted with TSG Interactive US Services Limited (“TSG Interactive US”) as its licensed Internet gaming operator for the provision of the Service (as defined below).  TSG Interactive US and such of its affiliated companies which provide services to it (the “Stars Interactive Group”), are licensed and regulated by the DGE.  By entering into this Agreement, you acknowledge that PokerStars and PokerStars Casino are brands owned and controlled by the Stars Interactive Group and that TSG Interactive US may exercise any of Resorts’ rights and fulfill any of Resorts’ obligations under this Agreement.

References to “Provider”, “we” or “us” refer collectively to Resorts, TSG Interactive US and the Stars Interactive Group.  The RM Games offered to you are owned by TSG Interactive US or are RM Games which are licensed from third party owners (“Third Party Providers”) by us to provide to you.

The terms and conditions governing your play on RM Games follow below.

Other Important Terms and Policies

The fees and charges incurred by you for using the Service are set out in our Commission Page, which is incorporated herein by reference.  In addition to the terms and conditions of this Agreement, please review our Privacy Policy, Cookie Policy, the Poker Rules, the Game Rules, the FAQs, the Responsible Gaming policy and the VIP Club terms and conditions as well as 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.

Your consent to our terms

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, Cookie Policy, the Poker Rules, the Game Rules, the FAQs, and the Responsible Gaming policy as each may be updated or modified from time to time in accordance with the provisions below and therein.

Our Software

For the purposes of this Agreement, the definition of “Software” means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore Software will include the Stars Interactive Group software downloadable to your personal desktop or laptop computer (“PC”) from www.pokerstarsnj.com and www.pokerstarscasinonj.com, and also the Stars Interactive Group mobile software application downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a “Device”) as well as all ancillary software to the software (whether web-based software or client/server software).

Access to the Service

All RM Games available to you via the Service through the Site takes place in Atlantic City, New Jersey, where the principal servers accessed by you for the purposes of installing and using the Software and to play the RM Games available (the Software and the RM Games together being the “Service”) are located.

Users may only play the RM Games if they are physically present in the State of New Jersey and by using the Service you consent to the collection, storage, processing and transmission of data to establish your physical location when accessing the Service. You may withdraw this consent by notifying us in writing that you would like to withdraw such consent. In the event you withdraw your consent you will not be able to access the Service or play the RM Games. Pursuant to 18 U.S.C. § 1084 (The Wire Act) and 31 U.S.C. §§ 3163 through 3167 (Unlawful Internet Gambling Enforcement Act), there are various federal prohibitions and limitations upon Internet gaming. You acknowledge and agree that it is a Federal offense for persons physically located outside the State of New Jersey to engage in Internet wagering through a New Jersey casino, unless explicitly authorized by the DGE and, therefore, it is prohibited for you to attempt to access and play the RM Games if you are not physically present in the State of New Jersey. In the event that we detect that you are attempting to engage in Internet wagering through the Service while not being physically present in the State of New Jersey, we will block your access to the Service immediately upon such detection regardless as to the status of any RM Game play. Provider shall not be liable for any loss incurred by you as a result of any disconnection from the Service as a result of you not being physically located in the State of New Jersey.

Casino key employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey as well as Resorts employees shall not be permitted to access the Service or to open a Gaming Account (defined below) in the Site.

A Gaming Account will be opened upon you making your first deposit subject to Provider verifying your identity in accordance with N.J.A.C. 13:69D – 1.5A including, but not limited to, the following criteria to its our satisfaction to which you hereby expressly consent (a “Gaming Account”):

  1. you are aged at least 21 years of age or over;
  2. you are not a casino key employee or a Resorts employee;
  3. you have provided your personal data including legal name, date of birth, social security number, address, email address and telephone number; and
  4. you are not self-excluded, on the exclusion list or otherwise prohibited from participation in gaming under the applicable laws of the State of New Jersey.

We reserve the right to suspend or cancel your Gaming Account and exclude you, temporarily or permanently, from using the Service if we are unable to complete our verification checks to our satisfaction or if, after the opening of your Gaming Account, we have reason to believe that you do not fulfill one or more of the criteria listed above.  We also reserve the right to decline a request for a Gaming Account for any reason, in the sole discretion of Provider.

You hereby consent to the monitoring and recording by Provider and/or the DGE of any wagering communications and geographic location information relating to you.

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

  • 1.1Subject to the terms and conditions contained herein Provider grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access the Service.

  • 1.2The Software is licensed to you by Provider for your private personal use. Please note that the Service is not for use by individuals under 21 years of age.  You acknowledge and consent to Provider taking such steps as are necessary in order to verify your identity and your age for the purposes of complying with applicable law. It is a criminal offense in the State of New Jersey for any individual under the age of 21 to use the Service. Underage gambling is a criminal offense and anyone who facilitates someone under the age of 21 to gamble has committed a criminal offense and shall be prohibited from Internet gaming.

  • 1.3We 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 Gaming 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.

  • 1.4TSG Interactive US, the Stars Interactive Group and its licensors (including any Third Party Providers) are the sole holders of all rights in the Software and the Software's code, structure and organization, 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 “Unauthorized Use”).

    TSG Interactive US, the Stars Interactive Group 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 Unauthorized Use. You shall notify Provider immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Provider with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

  • 1.5The terms “PokerStars” and “PokerStars Casino”, the domain names “pokerstarsnj.com” and “pokerstarscasinonj.com”, and any other trade marks, service marks, signs, trade names and/or domain names used by Provider on the Site and/or the Software from time to time as well as the trade marks, service marks, signs, trade names and domain names of Resorts (the “Trade Marks”), are the trade marks, service marks, signs, trade names and/or domain names of TSG Interactive US and/or the Stars Interactive Group and Resorts, respectively, and/or their licensors, and these entities reserve all rights to such Trade Marks. In addition, all 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 TSG Interactive US and/or the Stars Interactive Group 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 and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Provider’s 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 TSG Interactive US, the Stars Interactive Group, Resorts and/or their licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of Resorts, TSG Interactive US, the Stars Interactive Group, their employees, directors, officers and consultants.

  • 1.6You warrant that any names or images used by you in connection with the Site or 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 Provider a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.

2. NO WARRANTIES

  • 2.1PROVIDER 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. 

  • 2.2REGARDLESS 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 SITE SHALL BE FREE FROM VIRUSES, BUGS OR OTHER CONTAMINANTS.

  • 2.3PROVIDER 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 PROVIDER IN THIS REGARD.

  • 2.4OUR GAME SYSTEMS SHALL OPERATE IN ACCORDANCE WITH THE NEW JERSEY CASINO CONTROL ACT AND THE REGULATIONS PROMULGATED THEREUNDER, INCLUDING BUT NOT LIMITED TO, THE TREATMENT OF USER DISCONNECTION FROM THE SERVICE. A MALFUNCTION IN THE GAME SYSTEMS AND THE SERVICE SHALL VOID ALL TRANSACTIONS. PLEASE REVIEW OUR SITE POLICIES FOR A FULL DESCRIPTION OF THE DISCONNECTIONS, INCOMPLETE GAMES AND CANCELLED GAMES POLICY, SOME OF WHICH ARE DESCRIBED HERE BELOW:

    Poker Disconnect Policy:

    It occasionally occurs that due to reasons beyond our players’ control, they are unable to act on their poker hand in time.  A player in a cash (non-tournament) game is normally allotted 25 seconds to act on their hand if it is a fixed limit poker game, and 35 seconds in a pot limit or no limit game.  A warning message is displayed in the chat box when there are 15 seconds left to act.  If there was a disconnection and a player returned before the timeout, he or she receives at least 10 seconds to act.  Less time to act is allocated at tables designated as ‘fast.’

    If a player fails to act within the allotted time, the hand is folded by the system.

    Note that tournaments do not allocate extra time due to disconnections, in most situations.  For more information, please see our Poker Tournament Rules page, the terms of which are incorporated herein.

    Disconnect Policy Other: 

    If you are disconnected from the Service before committing a bet, there will be no effect on your account.  If you are disconnected from the Service after you have committed a bet, and no further input is required by you to complete the Game, the Game will produce the final outcome on the Service and the outcome will be reflected in your Gaming account, as that term is defined below.  If you are disconnected from the Service after you have committed a bet involving no other users, and further input is required by you to complete the Game, upon subsequent activation, you will be returned to the Game state immediately prior to the interruption and you will be allowed to complete the Game.   If you are disconnected from the Service after you have committed a bet involving multiple users, where the result is affected by the time to respond to a Game event, upon reconnection, you will be returned to a Game without other users in the state immediately prior to the interruption and you will be allowed to complete the Game.

3. AUTHORITY

  • 3.1Provider and the DGE retain authority over the issuing, maintenance, and closing of Users’ accounts on the Site and you agree that any dispute related thereto shall be made in accordance with Provider’s procedures and regulations of the DGE.

4. YOUR REPRESENTATIONS AND WARRANTIES

Subject to applicable law and prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

  • 4.1there is a risk of losing money when using the Service and that Provider has no responsibility to you for any such loss;

  • 4.2your use of the Service is at your sole option, discretion and risk;

  • 4.3in compliance with our regulatory requirements and in order for you to access and use the Software and/or the Service you will need to provide us with certain personal details about yourself (including details regarding your methods of payment) as well as consenting us (or third parties acting on our behalf) to have access to or make of your location data (“Geolocation Services”) and/or such other data or information that may be derived from your PC/Device, to enable the Service/Software to be made available to you. Geolocation Services reports your physical location from your PC or Device. Geolocation Services obtain your physical location by accessing your IP address, MAC address, RFID, Wi-Fi positioning system, Device GPS coordinates or other method. The Geolocation Services report to us, Third Party Providers and/or the DGE the physical and geographic location of your PC or Device. It is possible that your precise or near-precise physical location will be reported to us, Third Party Providers and/or the DGE when you access the Site, use the Software and/or the Services.  You hereby consent to us (or third parties acting on our behalf) to access and use such data for the purposes outlined above. You are not permitted to use the Software and/or the Service if you do not wish to be bound by this provision. Provider will process your personal details in compliance with the applicable data protection laws and regulations, all in accordance with and as set out in our Privacy Policy.

  • 4.4you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service.  Without limiting the foregoing, Provider shall be entitled in its sole discretion to deduct and withhold from any cash, prizes, or other amounts or items of value awarded to you such taxes (including withholding taxes) as may be required under any Federal, State, or local law, regulation or IRS requirement, at the maximum applicable rate for such withholding, and/or to require from you such information or documentation as may be necessary or desirable in connection with such filings as Provider may be required to make under any such Federal, State, or local law, regulation, or IRS requirement, and/or to withhold or delay any payment or credit to your Gaming Account for such time as may be necessary in order to fulfil the foregoing requirements.  In respect to any reporting of winnings that Provider is required to make (as may be required under any Federal, State, or local law, regulation, or IRS requirement) due to a transaction on your Gaming Account, you (a) declare under penalties of perjury that (i) the name, address and taxpayer identification number supplied by you to open your Gaming Account correctly identifies you and that (ii) you are the recipient of the winnings and that no other person is entitled to any part of these payments, and (b) agree that any forms required to be prepared by us and sent to you can be sent to you electronically;

  • 4.5the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Provider and Provider shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

  • 4.6you are 21 years 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; and

  • 4.7you are not a casino key employee or a Resorts employee.

5. PROHIBITED USES

  • 5.1SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

  • 5.2PERSONAL 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 Gaming Account with Provider 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 Provider and the User is obligated to update such details in the event of any change thereto (provided that certain key data will not be available for amendment, such as a User’s social security number).

  • 5.3INTENTIONALLY OMITTED.

  • 5.4COLLUSION/CHEATING. Collusion between Users by sharing hole cards or by any other methods as well as any form of cheating is strictly forbidden in connection with the Service. Provider 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, Provider reserves the right to consider any collusion or attempt at collusion between players (including Users) or any form of cheating as a material breach of this Agreement and accordingly Provider shall have the right to terminate a User's Gaming Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

  • 5.5EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). Provider prohibits those External Player Assistance Tools "EPA Tools”) that are designed to provide an "Unfair Advantage" to players. Provider defines "External Player Assistance Tools" to mean computer software (other than the Software), and non-software-based systems (e.g. web sites, and subscription services and physical material). Provider recognizes numerous forms of receiving an "Unfair Advantage" that includes, 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; receiving advice on how to play that goes beyond a basic level. For further information please read our Third Party Tools and Services FAQ.

  • 5.6AUTOMATIC 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 artificial intelligence.

  • 5.7You agree that Provider may take steps to detect and prevent the use of prohibited EPA Tools or artificial intelligence. These steps may include, but are not limited to, examination of software programs running concurrently with the 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.

  • 5.8CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their Gaming Account may be terminated immediately. In such circumstances Provider will be under no obligation to refund to you any monies that may be in your Gaming Account at such time.

  • 5.9FRAUDULENT BEHAVIOR. In the event that Provider 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, Provider 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 Gaming Account with Provider;
    3. seizing the funds within a Gaming Account;
    4. 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
    5. taking legal action against a User.

6. WITHDRAW POLICY

  • 6.1The policy and criteria for a User to effect a withdrawal from his/her Gaming Account can be found in our Withdraw Policy. Provider reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time. The estimated time period for a User to withdraw funds from his/her Gaming Account is 72 hours.

7. OFFENSIVE LANGUAGE OR CONTENT

  • 7.1The User is prohibited from posting 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 chat function with respect to which please refer to the Card Room Rules, the player images option or in correspondence with Provider's staff.

8. BREACH

  • 8.1Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Provider 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 Stars Interactive Group, terminating such User's Gaming Account on the Site or on any other web sites operated by Resorts or the Stars Interactive Group, seizing all monies held in the User’s Gaming Account on the Site or on any other web sites operated by Resorts or the Stars Interactive Group and/or taking legal action against such User.

  • 8.2INDEMINIFICATION:  You agree to fully indemnify, defend and hold harmless Provider and the shareholders, directors and employees of Provider 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 defined below) , whether or not with your authorization.

9. LIMITATION OF LIABILITY.

  • 9.1UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROVIDER OR ANY THIRD PARTY PROVIDER 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 PROVIDER OR ANY THIRD PARTY PROVIDER HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT AND PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICE. 

  • 9.2NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT PROVIDER’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION.

10. SECURITY AND YOUR ACCOUNT

  • 10.1Each User’s Gaming 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.

  • 10.2The 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 Gaming Account.

  • 10.3The 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.

  • 10.4A User may only have one Gaming Account with the Site and shall only use the Service using such single Gaming Account. It is prohibited for a User to open multiple accounts with the Site. In the event that Provider becomes aware of additional accounts opened by a User on the Site, Provider may close such additional accounts without notice and may confiscate funds held in such additional accounts.

  • 10.5Please note that monies held in your Gaming Account do not accrue interest.

  • 10.6You will not be able to place any bets using the Service in an amount greater than the total amount of money in your Gaming Account.

  • 10.7You are fully responsible for paying all monies owed to Provider. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Provider for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.  In the event of a chargeback, You agree that Provider may provide any Third Party Provider with information relating to you necessary to resolve the chargeback.

  • 10.8Provider 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 or any time thereafter. 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.

  • 10.9Provider 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.

  • 10.10You acknowledge and agree that if your Gaming Account is “active” (i.e. you have logged into your Gaming Account at any time during the prior 12 month consecutive period) monies deposited by you in your Gaming Account are held in a trust account on your behalf and are considered to be End User's Deposits. In the event that your Gaming Account is “inactive” (i.e. you have not logged into your Gaming Account for a consecutive 12 month period), Provider will be entitled to deactivate your Gaming Account, and you will forfeit the entire outstanding balance and any pending wagers and such balance, once forfeited, will not be returned.  You will be entitled to re-activate your Gaming Account by contacting our customer service and identifying yourself as the owner of that Gaming Account to the satisfaction of Provider, however any balance previously forfeited will not be returned. You further acknowledge and agree that an amount equivalent to the monies deposited by you in your active Gaming Account are held by Provider separately in a New Jersey bank account in Provider’s name independent from all other operating accounts of Provider.

  • 10.11The policy and procedure for a User to effect a period of self-exclusion are set out on Provider’s Responsible Gaming page of the Site.

  • 10.12You are able to set daily limits for your use of the Service and to suspend your Gaming Account or effect a period of self-exclusion from the Service. The policies and procedure for a User to do any of the foregoing are set out on the Responsible Gaming page of the Site.  Such policies and procedures are incorporated herein by reference.

  • 10.13We are proud to introduce a number of features that all New Jersey players can avail of to help better manage their time, funds and general experience.  These are: (i) Self-Imposed Deposit Limits; (2) Self-Imposed Session Time Limits; (3) Self-Imposed Spend Limits; (4) Self-Imposed Tournament and Table Buy-In Limits; and (5) Self-Imposed Casino Limits.

    We believe that you should be allowed to manage your own budget for playing online.  We allow you to restrict your own daily, weekly and month real money deposit limits.  Once set, you will not be allowed to deposit over the set period limit and increases to any limit will only be applied after the existing period limit has expired; either a week for daily and weekly limits or a month for monthly limits.  You can set your limits under the Restrict Deposit Limit under the Responsible Gaming page.

    Setting table limits, tournament limits and casino limits provide individual players with an opportunity to control their spending by limiting themselves from playing certain table limit states, tournament buy in limits or casino limits.  You can set your limits under the Restrict Casino Limit under the Responsible Gaming page.

    Managing your bankroll is one of the most important aspects of online gaming.  Using our Spend Limits feature, you can choose how much of your balance and funds you use on a daily, weekly or monthly basis.  The limits you select are cumulative, so all games, tournaments or tables you join throughout the day will count toward your limit.  Once set, requests to increase any limit will only be applied after the existing period limit has expired.  You can set your limits under the Restrict Spend Limit under the Responsible Gaming page.

    You can also limit the time spent per day playing, from 1 hour to 8 hours.  You can set your limits under the Restrict Playing Time under the Responsible Gaming page.  Once exhausted, you will no longer be able to participate in gaming until the time limit is set at midnight ET.

    If you or someone you know has a gambling problem and wants help, call 1-800-Gambler. 
    http://www.800gambler.org/
    www.ncpgambling.org
    http://www.gamblersanonomymous.org/ga/

    For more information on these limits, visit our Responsible Gaming page.

  • 10.14You may receive a copy of a report detailing your game and account history and the activities in your Gaming Account by emailing support@pokerstarsnj.com or support@pokerstarscasinonj.com, or by accessing this on the Site by following the instructions specified.

11. THIRD PARTY SOFTWARE

  • 11.1The Software contains third party software, including casino game software licensed to us by various third parties, software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org); cryptographic software written by Eric Young (eay@cryptsoft.com); ungif software written by Eric S. Raymond; PSTCollectionView software written by Peter Steinberger (steipete@gmail.com), and font software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software”).

  • 11.2The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.

  • 11.3The Licensed Software may not be altered, modified or extracted from the Software.

  • 11.4The User’s use of the Licensed Software 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 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 household members shall be notified by the User as to the terms and conditions of this Agreement.

  • 11.5All rights not expressly granted in the Licensed Software are reserved.

  • 11.6The OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software is provided by the OpenSSL Project, by Eric S. Raymond, by Peter Steinberger and by Eric Young “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. In no event shall the OpenSSL Project, Eric Young, Eric S. Raymond, Peter Steinberger or their contributors be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the OpenSSL Toolkit, the ungif software, the PSTCollectionView software and cryptographic software, even if advised of the possibility of such damage.

12. DISPUTES

  • 12.1The User accepts that the historical data of each game shall be as recorded on the Provider’s servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the server the server records shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand.

    If a User wishes to make a complaint, please contact our customer service team at support@pokerstarsnj.com or support@pokerstarscasinonj.com. The complaint will be investigated and a response will be provided within 5 calendar days of receipt of such complaint. In the event that a User’s complaint has not been satisfactorily dealt with the User may, after exhausting all reasonable means made available to it by Provider, download and complete the Internet Dispute Form which is available on the DGEs website located at http://www.nj.gov/lps/ge/inquiriespatroncomplaints.html.

13. AMENDMENT

  • 13.1Provider reserves the right to update or modify this Agreement or any part thereof at any time.  Provider will inform you of the amendments to be introduced to this Agreement and you will be required to accept such amendments in order to continue using the Service.

14. GOVERNING LAW/LEGAL FORUM

  • 14.1This Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the State of New Jersey. You irrevocably agree that the courts of the State of New Jersey shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter any matter arising therefrom and you irrevocably waive any right that you 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. THE PARTIES HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT.

15. SEVERABILITY

  • 15.1If 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; and to the extent permitted, the illegal, invalid, or enforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such illegal, invalid, or enforceable provision in that jurisdiction where such term was deemed illegal, invalid, or unenforceable.

16. ASSIGNMENT

  • 16.1Provider 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.

17. MISCELLANEOUS

  • 17.1No waiver by Provider of any breach of any provision of this Agreement (including the failure of Provider 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.

  • 17.2Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the Stars Interactive Group and Third Party Providers.

  • 17.3Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

  • 17.4This Agreement, and the documents referenced herein, 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.

  • 17.5The User must provide full and truthful information in respect of all details and information requested by Provider in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

  • 17.6The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

  • 17.7If we are prevented from providing all or part of the Service or fulfilling any of our obligations under this Agreement due to an event beyond our reasonable control, including, but not limited to, an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities, terrorism or any such cause beyond our reasonable control, you agree to waive any claim against us which may arise in such circumstances.

18. “Play for Free” Games

The “play money”/ “play for free” games (“PM Games”) offered to you on the Site are offered to you by us through Stars Mobile (Isle of Man) 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.

PM Games are offered for entertainment purposes only and not regulated by the DGE.  Outcomes of PM Games may not be representative of those of a DGE-approved game.

While playing PM Games, you may “earn”, “buy” or “purchase” virtual play money chips (the “Play Money Chips”). You hereby acknowledge that, for the purpose of PM Games, these “real world” terms are only used figuratively, and you agree that you have no right or title in Play Money Chips, whether “earned” or “purchased,” or any other attributes associated within an account or stored on the Service. Any “virtual currency” balance shown in your Gaming Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Provider prohibits and does not recognize any purported transfers of Play Money 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 Provider in writing. Accordingly you may not sublicense, trade, sell, or attempt to sell Play Money Chips for value of any kind outside of the Service. Any such transfer or attempted transfer is prohibited and void and may subject your account to termination by Provider. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Play Money Chips outside of the Service.

You may purchase a license to use Play Money Chips for valuable consideration, by visiting the purchase page on the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this Agreement.

When you purchase a license to Play Money Chips, we may send you a confirmatory e-mail that will contain details of the Play Money Chips you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. If you have any concern, please contact customer support. Provider keeps records of transactions in order to deal with any queries.

For the purchase of a license to use Play Money Chips, your order will represent an offer to us to purchase a license for to use such Play Money Chips which will be accepted by us when we make the Play Money Chips available in your account for you to use in our PM Games (the “Acceptance”). Your license to use Play Money Chips in the PM Games is a service provided by Provider that commences upon Acceptance by Provider of your purchase. A purchase of a license to use Play Money Chips is non-refundable by Provider.

Provider may revise the pricing for the Play Money Chips at any time. You acknowledge that Provider is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Play Money Chips when a Gaming Account is closed, whether such closure was voluntary or involuntary.

For the avoidance of doubt, it is hereby clarified that the purchase of a license to use Play Money Chips does not entitle you to any rights whatsoever other than those reflected by the license. It is furthermore clarified that a license purchased may only be transferred as explicitly provided for within the terms of the license and that such license may not be redeemed, sold, transferred, bequeathed, leased, rented or otherwise disposed of in return for valuable consideration.

Copyright © 2016 Rational Intellectual Holdings Limited. All rights reserved.

With regard to the OpenSSL Toolkit:
Copyright © 1998-2011 The OpenSSL Project.  All rights reserved.
Copyright © 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved

With respect to PSTCollectionView software:
Copyright (c) 2012-2013 Peter Steinberger steipete@gmail.com

With respect to ungif software:
The GIFLIB distribution is Copyright (c) 1997  Eric S. Raymond

More information is available at www.pokerstarsnj.com.

Provider can be contacted by email at support@pokerstarsnj.com or support@pokerstarscasinonj.com.