Terms and Conditions
These Terms and Conditions (T&Cs) constitue and govern the contractual relationship between
Velorum Malta Ltd [hereinafter referred to as “PLUTOS”] and You (hereinafter "Client", "Subscriber", "Account Holder", "Player" or "User", as the case may be).
PLUTOS and the Player are entering into a Gaming Contract. "Gaming Contract" refers to all gaming and related activities and actions carried out by the Player with another one or more participant(s) of the Site when playing and using the PLUTOS Software and Tables. The 'Gaming Contract' comes into effect when a Player registers and agrees to the T&C.
MagikPoker is promoted on PLUTOS authorized to conduct remote gaming business under License number 8048/JAZ granted to Antillephone N.V Curacao Netherlands Antilles.
These T&Cs regulate the game of Poker, also known as a game of chance and skill.
Use of the website and the information, materials and links in it, is solely upon the terms and conditions set out below (the "Terms and Conditions" or "T&Cs") which constitute the entire agreement between the User and PLUTOS for the use of the Site.
By making use of the Site, Players do not play with PLUTOS but with one or more of the registered Players to the Site or to other Sites operating within the PLUTOS network.
a. References in these T&Cs to a "Game" is to any gaming activity presented by PLUTOS on its Site for the benefit of the Users.
b. The User must read the T&Cs before making use of this Site. Mere use of Site and / or opening of an account with PLUTOS is an acknowledgement that the User has read, understood and agrees to be bound by the T&Cs. PLUTOS reserves the right to change, amend or add to these rules as it deems fit by giving no further notice other than posting the most update and current rules on the Site. Any changes shall be deemed effective as soon as they are accepted by the Governing Authority and posted on the Site and User shall be deemed to have consented to them by continuing to use the services on the Site after such effective date. If User does not agree with the T&Cs (including any changes) User must not use the Site.
c. The rules herein are effective as of 01.02.2013. The subscriber must be familiar with all the rules herein and confirms unreserved acceptance of said rules upon account registration. All games played on the PLUTOS Site are duly subject to the rules as specified in this document.
d. These T&Cs apply to everyone to whom PLUTOS provides Services. In conjunction with these T&Cs, certain Rules specific to individual games as well as Software Use Agreements may be applicable and any such rules shall be published on the Site and shall be deemed incorporated into our T&Cs.
2. Opening of Accounts
a. A "Player's Account" means a record kept by PLUTOS, which record shall at all times be accessible to the player, which shows the player's credit, taking into account all wagers placed and all prizes won by such player and any other debits or credits.
b. PLUTOS may register a person as a Player only if PLUTOS has received from that person an application for registration through a remote gaming terminal operated by PLUTOS.
c. Through the application process the Player shall submit details on his age, identity, place of residence and a valid e-mail address.
d. To be able to play on the PLUTOS Site, a deposit account must necessarily be opened. Upon opening an account, the Account Holder will be assigned code numbers and/or passwords that are required to access the account. The account subscriber is responsible for ensuring that said codes and/or passwords are kept secret. It is important that when the subscriber chooses a password it would be strong by using both alphanumeric keys as well as symbols. By registering with the Site, Subscriber agrees to maintain an account with PLUTOS registered in his name, and to provide to PLUTOS details of his debit or credit card from which funds will be credited to Player's account as Player may from time to time decide. It is prohibited to sell/transfer accounts to/from others and prohibited to transfer funds to/from others.
e. A ‘Know Your Client’ procedure will be carried out on players depositing money and all transactions made by the players will be checked to prevent money laundering. In this respect identification documents may be requested to be submitted to PLUTOS as a part of the ‘Know Your Client’s process. Funds originating from illegal and criminal activities are not accepted and should not be deposited with PLUTOS.
f. If PLUTOS becomes aware that a Subscriber has provided false information in this respect, PLUTOS shall not register such person and where that person has already been registered, PLUTOS shall immediately cancel that person's registration as a player.
g. No person under eighteen years of age may be registered as a player.
h. No person who is resident in USA may open an account, play, or in any other way participate in the PLUTOS offerings and/or services.
i. Before opening an account or playing Games with PLUTOS, it is each Player's responsibility to ensure that they comply with their own local laws regarding gaming, access to and use of gaming sites, payment of taxes and other general laws and regulations involved in Player's act of gaming. Internet gambling may be illegal in the jurisdiction in which Player is located and in such case, Player is not authorized to use any payment method to undertake transactions related to gaming in general.
j. Subscribers that open a PLUTOS Player's Account are knowledgeable of and accept all the definitions and conditions as specified in these rules. It is the account subscriber's responsibility to read all the policies, messages, news and other material posted by PLUTOS and PLUTOS management on the main Site [and any associated Sites], or any updates.
3. Maintenance & Termination of Accounts
a. PLUTOS shall, at all times, keep a secure list of all registered players.
b. Each player is allowed to open only one account with PLUTOS network. PLUTOS retains the right to close a player account at any time and to cancel all the transactions pertaining to any player that has registered more than one account in his own name or under different names, in the event that PLUTOS have reason to suspect that the registration of said multiple accounts has been undertaken with the intent of defrauding or cheating. By opening an account with PLUTOS, the subscriber implicitly gives his authorization to the processing of any personal data in compliance with the privacy laws in force in Curacao. The processing of personal data is exclusively managed to the end of account maintenance for use of the services as offered by PLUTOS.
c. It is the client's responsibility to ensure that their records with PLUTOS are kept up to date, especially address, telephone number and payment/bank details.
d. It is the client's responsibility to ensure they keep their username and security details confidential and game made on-line under Player's username and security details will be regarded as valid, irrespective of who participates in the game. In the event that there is concern that the secrecy of such details is no longer the case, Player should notify PLUTOS immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void.
e. A PLUTOS Account does not accrue interest. All payments to and from the player's Account must be paid in the currencies available on the Site from time to time and all payments into Player's Account must be from a payment source on which Player is the named account holder.
f. If the Account Holder does not access the Account by “logging in” using his Account name and security details for any period 90 days, his account shall be deemed to be “Inactive”. Inactive accounts will be closed after 365 days of Inactivity.
g. Winnings will be credited to the Player's Account following confirmation of the final result.
h. Any expense related to withdrawal requests shall be charged to the receiver. In the event that a subscriber has increased his gaming account by sending a fax copy of the transfer receipt related to a postal money order or bank transfer, the date shown on the receipt must coincide with the payment date into the PLUTOS bank account on behalf of PLUTOS, otherwise it shall not be possible to withdraw any wins. Withdrawals from an PLUTOS account can only be addressed strictly to the person registered on the account and as per the conditions specified on the PLUTOS Site. Furthermore, amounts may be remitted only to the same account from where the funds paid into the player’s account originated. Prior to the approval of withdrawals of any amountsidentification documents such as a passport and a utility bill will be requested from the players requesting the withdrawal. Deposited funds are meant to be used for game play and thus cannot be withdrawn for 48 hours directly after being deposited.
i. Any taxes due by the Player on winnings will be payable by the Player in accordance with the rules and regulations of the country where he is bound to pay tax.
j. Should funds be credited to a Player's Account in error, it is the client's responsibility to notify PLUTOS of the error without delay. Any winnings subsequent to the error and prior to the notification of PLUTOS, whether linked to the error or not, shall be deemed invalid and returned to PLUTOS.
k. Players may only use their own credit / debit card in their own account. Any deposits made using another individual's credit / debit card will be refunded and any games played with funds from such card will be deemed void.
l. PLUTOS reserves the right to close down any account without notice or reason. In these cases the balance on the account shall be returned to the player. The same applies to any amounts won by the Account Holder on any running games.
m. Any Account Holder is entitled to close his Account and terminate this Agreement at any time via email or LiveChat with PLUTOS and PLUTOS will respond within a reasonable time. Provided that the Account Holder shall be responsible for activity on his Account until such closure has been affected by PLUTOS. PLUTOS is entitled to terminate this Agreement immediately on notice (or attempted notice) to the Account Holder at the email address that was provided to the Company. Where the Company has terminated the Account as a result of a failed Security Review, any Account Balances in the player's Account are non-refundable and deemed forfeited.
n. Player understands and accepts that PLUTOS is not able to provide them with any legal advice or assurances and that it is their sole responsibility to ensure that at all times they comply with the laws that govern them and that they have the complete legal right to play the games. Any participation in the games is at their sole option, discretion and risk. By playing the games, they acknowledge that they do not find the games or services to be offensive, objectionable, unfair, or indecent in any way.
o. The Player shall be limited to withdraw winnings from Poker activity, with a maximum of Euro three thousand (3,000) per month.
4. Software end-User License
a. The Account Holder may install and use the computer programs PLUTOS makes available for POKER ("Software") on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for the Account Holder's own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which the Account Holder is the primary user and in accordance with and acceptance of the "End-User License Agreement" to which is incorporated in the software installation process and which is to be accepted by any User prior to downloading of the software.
5. Intellectual Property
a. The Software's structure, organization and code are the valuable trade secrets of the Company and/or its group of Companies and/or its licensors. The Account Holder obtains no rights to the Software except to use it in accordance with this Agreement. Save as expressly permitted by law, the Account Holder is strictly prohibited from, and agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. The Account Holder agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
a. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a User must be executed personally by players through the user interface accessible by use of the Software. The User agrees that PLUTOS may take steps to detect and prevent the use of prohibited Automatic Programs at PLUTOS.
b. The selling/transferring and/or acquiring of accounts to/from players is prohibited.
c. The transfer of funds amongst player accounts is highly prohibited.
7. Gaming Rules
i. PLUTOS will not consider any claims or disputes on games to be valid unless said games are directly registered in the PLUTOS database files or records.
a. Objections or complaints concerning the operation of games have to be presented before the starting of the game that is subject to said objections or complaints.
b. Players may address their complaints via email on email@example.com will do its utmost to resolve a reported complaint at the earliest.
c. PLUTOS is in no way responsible for the investigation or the initiation of a complaint made by a User against another for any reason, including but not limited to, the conditions in this Agreement. PLUTOS AND/OR PLUTOS in its sole discretion can decide to act against any person suspected of illicit actions or of wanting to violate the conditions of this Agreement.
a. Once games have finished, their result cannot be changed nor cancelled. PLUTOS and PLUTOS retain the right to accept, to not accept or to partially accept games results.
a. The printout of a game that has been played is not considered to be a receipt of the winnings. A game shall be considered as having been won if it is listed on the player's games list.
11. Chatting Rules
a. PLUTOS does realize that chatting can be carried out by players outside the PLUTOS Chat window. Therefore, players may use any language they desire for communicating in the Chat window.
b. The chat room provided by PLUTOS is to provide entertainment and communication among players during game play and players should use the same ethics they would use as if they are talking face to face. Players may not collude, chat or offer advice to others about a hand while it is in progress. Foul and inappropriate language is not permitted and chat rooms for all games will be moderated, logged and recorded and suspicious chats will be reported to the relevant authorities. PLUTOS reserves the right to lock out for a period of time or permanently any player who breaches the aforementioned chat room rules. PLUTOS also reserves the right to remove chat rooms if abused.
12. Offensive behavior & Reporting
a. The PLUTOS Experience is aimed to be fun and pleasant, therefore any abusive and obscene language is not tolerated and Players who insist on using offensive language will have their Chat blocked.
13. Game Integrity
a. Only the player can see the cards that he holds during a game. None of the officers or managers in the PLUTOS and PLUTOS back-office can monitor live playing hands and the hands and histories can only be checked after they have been played. Ensuring game integrity is top priority for PLUTOS and therefore state of the art technology is employed to guarantee this.
14. Anti-Collusion Measures
a. By playing on PLUTOS tables, or downloading the software, the Account Holder agrees with the above rules and any other rules mentioned on PLUTOS. This includes the terms listed in the license agreement, available during installation of the company's Client software. PLUTOS is committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") to play on PLUTOS Services such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that PLUTOS deems that enables Player to have an unfair advantage over other players. The Account Holder acknowledges that the Company will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and the Account Holder agrees not to use any AI Software and/or any such programs.
b. Collusion between players is strictly forbidden. PLUTOS reserves, in addition to other measures, the right 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.
15. Fraudulent Activity
a. PLUTOS has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in the Company's and/or PLUTOS´s sole determination, the Account Holder is found to have cheated or attempted to defraud the Company and/or PLUTOS or any other user of any of the Games in any way including but not limited to game manipulation or payment fraud, or if the Company and/or PLUTOS suspects the Account Holder of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to suspend and/or close the player's Account and to share this information (together with his identity) to other online gaming Sites, banks, credit card companies, and appropriate agencies.
16. Company Employees
a. PLUTOS employees are not allowed to play on PLUTOS Site. PLUTOS employees, or anyone else having access to inside information (for example: complete hand histories, playing histories, money transaction histories, and similar) are not allowed to play in money games or tournaments. This is to prevent any potential abuse of inside information at the tables.
17. Competitions and Promotions
a. Parts of the Site may from time to time contain competitions, promotions, tournaments or similar and related activities offered by PLUTOS or by third parties. Any specific additional terms and conditions for participation in any such competitions, promotions, tournaments or similar and related activities will be specified on the relevant part of the Site from time to time ("Terms of Participation"). By entering or participating in the relevant competitions, promotions, tournaments or similar and related activities, Player agrees to be bound by those Terms of Participation in addition to these Terms and Conditions and in the event of any conflict or inconsistency, the Terms of Participation will prevail. PLUTOS specifically retain the rights, at any time and without notice, to remove, alter or add to competitions, promotions, tournaments or similar and related activities on the Site without liability to Player.
18. Disclaimer & Limitation of Liability
a. PLUTOS shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by its website or its content, including, without limitation, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Site or its content, or any errors or omissions in content.
19. Content of the Website
a. PLUTOS makes every effort to maintain the accuracy of the information on this website but cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information.
b. No responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:
i. Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical hazard, registration error, manifest error, Force Majeure and/or any other similar mistake/error;
ii. Violation of the PLUTOS Rules;
iii. Criminal Actions;
iv. Advice, in whichever form this is provided, provided by PLUTOS;
v. Financial risk and loss, including, but not limited to variances in exchange rates; and/or
vi. Legal actions and/or other remedies.
c. Therefore it is hereby being specified that PLUTOS makes no representation, pledge or warranty (either explicit or implicit, including but not limited to warranties for accuracy, fitness of purposes or non-infringement) that the Content is accurate and/or suitable for any particular purpose other than in so far as those warranties which cannot be expressly excluded under the governing law of these Terms and Conditions.
d. Use of this Website is entirely at the Account Holder's risk. The Website and its Content is provided on an ‘as is' basis.
20. Legal Compliance
a. Account Holders are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. PLUTOS accepts no responsibility for any action taken by any Authority against any account holder.
21. Limitation of Liability before a Court of Law
a. In the event that PLUTOS is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over PLUTOS, then PLUTOS 's liability is limited to the amount recorded in the PLUTOS Account or the amount transferred into or out of the PLUTOS Account, whichever is the lesser.
22. Miscellaneous Provisions
a. Intellectual Property
i. The PLUTOS Site is intended solely for use by Account Holders. In any event, no one is authorized to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the Content of the Site.
ii. The display of any trademarks, including the PLUTOS TM does not grant any user of the Site a license of any kind to use it.
iii. Any unauthorized downloading or copying of any material contained in PLUTOS as well as the design of the Website itself may be considered as a violation of applicable intellectual property rights within the European Union.
iv. The Site may only be used for lawful purposes. Use of the Site for transmission, distribution, publication or storage of any material on or via the Site which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Site or the transmission, distribution, publication or storage of any material on or via the Site in a manner or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law. It is solely for you to establish whether your registration with PLUTOS and use of the Site and/or your entry into a Gaming Contract with other Players (or your offering so to do) is lawful. It is also solely your responsibility to ensure that use by you of your credit or debit card for such purposes is lawful.
i. These T&Cs are not intended to create any partnership, agency or joint venture between PLUTOS and "Client", "Subscriber", "Account Holder", "Player" or "User".
i. If any provision contained in these T&Cs shall be held by any court or other competent authority to be void or unenforceable in whole or in part, these T&Cs shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
i. Headings are intended for clarity and to facilitate reading of these terms and conditions. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind PLUTOS in any manner whatsoever.
i. Any waiver by PLUTOS of any breach by any User of any provision of these T&Cs shall not be considered as a waiver of any subsequent breach of the same or any other provision of these terms and conditions.
f. Contact Information
i. PLUTOS can be contacted by email at firstname.lastname@example.org
g. Law & Forum
i. This agreement shall be governed by and construed in accordance with the laws of the country of Curacao without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of the country of Curacao for the settlement of any disputes arising out of concerning this agreement. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. In the case of any dispute between the English language version and versions in other languages of the Terms and Conditions and other content on the Site, the English language version shall prevail.
h. PLUTOS reserves the right to change the terms and conditions as it deems fit.