Terms of
Service
END USER LICENSE AGREEMENT
This end user license agreement (the
"Agreement") should be read by you (the
"User" or "you") in its entirety prior to
your use of ALLINSPOT's service or products.
This Agreement is a legal contract between
you and ALLINSPOT (“ALLINSPOT”) and governs
your access to, and use of, the ALLINSPOT
website located at www.allinspot.com and
related services (the “Site”). In addition
to the terms and conditions of this
Agreement, please review our Privacy Policy,
the Site Rules, and the other rules,
policies and terms and conditions relating
to the games and promotions available on the
Site as posted on the Site. By using
ALLINSPOT, you agree to these Terms of
Service. If you do not so agree, you should
decline this agreement, in which case you
are prohibited from accessing or using
ALLINSPOT.
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1. Subject to the terms and conditions
contained herein ALLINSPOT grants the User a
non-exclusive, personal, non-transferable
right to install and use the ALLINSPOT
software ("Software") in order to access the
ALLINSPOT servers and play the games (the
"Games") available (the Site, the Software
and Games together being the "Service").
1.2. The Software is licensed to you by
ALLINSPOT for your private personal use.
Please note that the Software is not for use
by (i) individuals under 18 years of age,
(ii) individuals under the legal age of
majority in their jurisdiction and (iii)
individuals connecting to the Site from
jurisdictions from which it is illegal to do
so. ALLINSPOT is not able to verify the
legality of the Service in each jurisdiction
and it is the User's responsibility to
verify such matter.
1.3. We reserve the right at any time to
request from you evidence of age in order to
ensure that minors are not using the
Service. We further reserve the right to
suspend or cancel your account and exclude
you, temporarily or permanently, from using
the Service if satisfactory proof of age is
not provided or if we suspect that you are
underage.
1.4. The Software's code, structure and
organization are protected by copyright,
trade secrets, intellectual property and
other rights. You may not:
(a) 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;
(b) sell, assign, sublicense, transfer,
distribute or lease 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) use the Software in a manner prohibited
by applicable laws or regulations,
(each of the above is an "Unauthorised
Use").
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 ALLINSPOT
immediately upon becoming aware of the
commission by any person of any Unauthorized
Use and shall provide ALLINSPOT with
reasonable assistance with any
investigations it conducts in light of the
information provided by you in this respect.
1.5. The terms "ALLINSPOT", and any other
trade marks, service marks and/or trade
names used by ALLINSPOT on the Site from
time to time (the "Trade Marks"), are the
trade marks, service marks and/or trade
names of ALLINSPOT or one of its group
companies and/or its licensors, and these
entities reserve all rights to such Trade
Marks. In addition, other 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 ALLINSPOT or one of its group companies
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, or any part
thereof. Under no circumstances may you use
the Site Content without ALLINSPOT's prior
written consent.
2. NO WARRANTIES
2.1. ALLINSPOT disclaims any and all
warranties, expressed or implied, in
connection with the Service which is
provided to you "AS IS" and we provide you
with no warranty or representation
whatsoever regarding its quality, fitness
for purpose, completeness or accuracy.
2.2. Regardless of our efforts to provide
you with service of the highest quality,
safety and security, we make no warranty
that the Service will be uninterrupted,
timely or error-free, that defects will be
corrected or that the services found therein
shall be free from viruses or bugs.
2.3. You agree that ALLINSPOT will not be
liable for any interruption of the Service,
delay or failure to perform, and you shall
not be entitled to any refunds of fees for
interruption of service or failure to
perform.
2.4. ALLINSPOT 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 and we
shall not be liable in any way whatsoever
for any loss suffered as a consequence of
any decision made by ALLINSPOT in this
regard.
3. AUTHORITY
ALLINSPOT retains authority over the
issuing, maintenance, and closing of Users'
accounts at ALLINSPOT. The decision of
ALLINSPOT's management, as regards any
aspect of a User's account, use of the
Service, or dispute resolution, is final and
shall not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an
ongoing basis you represent, warrant,
covenant and agree that:
4.1. You agree that your use of the Service
is at your sole option, discretion and risk.
4.2. You agree that you are required to
provide us with certain personal details
about yourself (including details regarding
your methods of payment) for the purpose of
using the Service. Our control of the
information provided by you shall be subject
to our Privacy Policy.
4.3. You are solely responsible for any
applicable taxes which may be payable on
winnings paid to you.
4.4. You are solely responsible for the
telecommunications networks and Internet
access services required for you to access
and use the Service and we shall have no
liability whatsoever for any deficiencies
therein.
5. CURRENCY
ALLINSPOT "currency" is a limited license
right available for purchase or free
distribution at ALLINSPOT's discretion, and
is not redeemable for monetary value from
ALLINSPOT.
5.1. You acknowledge that the Service
presently includes a component of in-world
fictional currency ("Currency" or "Spot
Dollars" or "SP$"), which constitutes a
limited license right to use a feature of
our product when, as, and if allowed by
ALLINSPOT.
5.2. ALLINSPOT may charge fees for the right
to use Spot Dollars, or may distribute Spot
Dollars without charge, in its sole
discretion.
5.3. Regardless of terminology used, Spot
Dollars represent a limited license right
governed solely under the terms of this
Agreement, and are not redeemable for any
sum of money or monetary value from
ALLINSPOT at any time.
5.4. You agree that ALLINSPOT has the
absolute right to manage, regulate, control,
modify and/or eliminate such Currency as it
sees fit in its sole discretion, in any
general or specific case, and that ALLINSPOT
will have no liability to you based on its
exercise of such right.
6. SP EXCHANGE
6.1. ALLINSPOT offers an exchange, called SP
Exchange, for the trading of Spot Dollars,
which uses the terms "buy" and "sell" to
indicate the transfer of license rights to
use Spot Dollars. Use and regulation of SP
Exchange is at ALLINSPOT's sole discretion.
6.2. The Service currently includes a
component called "Currency Exchange" or "SP
Exchange," which refers to an aspect of the
Service through which ALLINSPOT administers
transactions among users for the purchase
and sale of the licensed right to use
Currency. Notwithstanding any other language
or context to the contrary, as used in this
Agreement and throughout the Service in the
context of Currency transfer:
(a) the term "sell" means "to transfer for
consideration to another user the licensed
right to use Currency in accordance with the
Terms of Service,”
(b) the term "buy" means "to receive for
consideration from another user the licensed
right to use Currency in accordance with the
Terms of Service,"
(c) the terms "buyer," "seller", "sale" and
"purchase" and similar terms have
corresponding meanings to the root terms
"buy" and "sell,"
(d) "sell order" and similar terms mean a
request from a user to ALLINSPOT to list
Currency for sale on the Currency Exchange
at a requested sale price,
(e) "buy order" and similar terms mean a
request from a user for ALLINSPOT to match
open sale listings with a requested purchase
price and facilitate completion of the sale
of Currency.
6.3. You agree and acknowledge that
ALLINSPOT may deny any sell order or buy
order individually or with respect to
general volume or price limitations set by
ALLINSPOT for any reason. ALLINSPOT may
halt, suspend, discontinue, or reverse any
Currency Exchange transaction (whether
proposed, pending or past) in cases of
actual or suspected fraud, violations of
other laws or regulations, or deliberate
disruptions to or interference with the
Service.
7. BILLING
The following billing and pricing policies
apply to fees and charges for ALLINSPOT:
7.1. You may access ALLINSPOT through an
account that does not have an access fee
("Access Accounts"), or through a
subscription account that has a recurring
fee ("Subscription Accounts"). These
accounts have different features and
limitations. The features and limitations of
Access Accounts and Subscription Accounts
are provided at ALLINSPOT's sole discretion
7.2. All subscription charges for the
Service are payable in advance. ALLINSPOT is
not responsible for any charges or expenses
you incur resulting from charges billed by
ALLINSPOT in accordance with these Terms of
Service (e.g. overdrawn accounts, exceeding
credit card limit, etc.). By providing a
credit card number or other payment method
with advance authorization features, you
authorize ALLINSPOT to continue charging the
payment method for all charges due ALLINSPOT
until your ALLINSPOT account is settled and
is terminated by either you or ALLINSPOT.
7.3. Subscription Accounts are offered on a
monthly, quarterly and annual basis. Monthly
accounts will be billed monthly on the same
date of each month (e.g. the 10th of each
month), beginning on the day you start your
subscription. Quarterly, or "90 Day"
accounts will be billed quarterly on the
same day (e.g. the 10th of every third
month), beginning on the day you start your
subscription. Annual accounts will be billed
each year on the same date, beginning on the
day you start your subscription. Lifetime
accounts (if and as available from time to
time in ALLINSPOT's discretion) will be
billed in full at the time of purchase. All
subscription fees are non-refundable in
whole or in part.
7.4. You may change your billing plan. If
you decide to change your plan, for example
from monthly to a longer-term plan or
vice-versa, you may do so at any time by
using your account information page on
ALLINSPOT. The new plan will go into effect
but your credit card or other payment method
will be charged with the new rate when your
current subscription period billing cycle
ends.
7.5. You agree to promptly update any
changes to your credit card or other payment
method on file with ALLINSPOT. Upon the
expiration or cancellation of your credit
card or other payment method, failure to
process your payment via any payment method,
Subscription Accounts will be immediately
downgraded to Access Account until payment
is made in full or your payment method is
successfully reinstated.
7.6. From time to time, ALLINSPOT may offer
a free or a promotional trial Account to
first-time subscribers, limited to one
person. You must provide Credit card or
other payment method information to register
for the trial Account. Upon completion of
the trial period, your subscription will
renew automatically on a monthly basis
unless you have chosen to cancel your
subscription. You must cancel your
subscription prior to the end of the trial
period to avoid charges to your payment
method. By signing up for trial Account, you
agree that ALLINSPOT may obtain a
pre-authorization on your credit card of up
to $20. Some financial institutions may
perceive these requested amounts as actual
pending charges. While not actual charges,
ALLINSPOT is not responsible for any
results, such as an overdraft fee, that may
occur to your account because of pending
charges.
7.7 The SP Dollar Exchange has additional
listing rules and fees. By use of the SP
Dollar Exchange:
(a) you authorize ALLINSPOT to administer
the purchase or sale, as applicable, of Spot
Dollars associated with your account and
facilitate transfer with the other User of
the Service account or accounts involved
with such Spot Dollar transaction,
(b) you agree to pay the listing and
transaction fees posted on the Service site
in connection with the SP Dollar Exchange,
(c) you authorize ALLINSPOT to charge your
credit card or other payment method on file
with ALLINSPOT for the applicable listing
fees, purchase amount, and transaction fees
and related charges, and you promise not to
deny or decline any such charge, and
(d) you agree that you are responsible for
complying with all applicable laws and
paying all applicable taxes for your
transactions through the SP Dollar Exchange,
other than the taxes on ALLINSPOT's SP
Dollar Exchange fees that ALLINSPOT may
collect from you as a deduction from sale
proceeds.
(e) you may only process credit due to net
proceeds from sales of Spot Dollars.
Purchases of account credits and credits due
to gift codes or other promotional account
credits are nonrefundable, and may not be
processed as a payment to you. In a case
purchased credits are processed, additional
financial charges may occur.
7.8. ALLINSPOT may change the SP Dollar
Exchange fees at any time; changes will be
applicable to all listings placed on and
after the date of any such change. All SP
Dollar Exchange fees are non-refundable.
Upon matching a sale order with a buy order,
ALLINSPOT will complete the transfer of Spot
Dollars among the User of the Service
accounts, net of service fees, delinquent
amounts due to ALLINSPOT applicable to the
seller's Accounts, and applicable taxes.
7.9. ALLINSPOT may add new services for
additional fees and charges, or proactively
amend fees and charges for existing
services, at any time in its sole
discretion.
8. PROHIBITED USES
8.1. SOFTWARE MODIFICATIONS. User may not
attempt to modify, decompile,
reverse-engineer or disassemble the Software
in any way.
8.2. PERSONAL USE. The Service is intended
solely for the User's personal use. The User
is only allowed to use the Service for
his/her personal entertainment. Under no
circumstances shall a User be permitted to
use his/her "US Dollar account" with
ALLINSPOT 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 ALLINSPOT and the User is obligated
to update such details in the event of any
change thereto. A User may only have one
account with ALLINSPOT and shall only use
the Service using such single account.
Furthermore a User shall not permit another
person to use the Service via his account.
8.3. COLLUSION. Collusion between Users by
sharing hole cards or by any other methods
is strictly forbidden. ALLINSPOT 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, ALLINSPOT reserves the right to
consider any collusion between players
(including Users) as a material breach of
this Agreement and accordingly ALLINSPOT
shall have the right to terminate a User's
account if a User engages or attempts to
engage in any such activity, regardless of
the outcome of such attempt.
8.4. EXTERNAL PLAYER ASSISTANCE PROGRAMS
(EPA). ALLINSPOT prohibits those External
Player Assistance Programs ("EPA Programs")
which are designed to provide an "Unfair
Advantage" to players. ALLINSPOT defines
"External" to mean computer software (other
than the Software), and non-software-based
databases or profiles (e.g. web sites and
subscription services). ALLINSPOT defines an
"Unfair Advantage" as any instance in which
a User accesses or compiles information on
other players beyond that which the User has
personally observed through the User's own
game play.
8.5. AUTOMATIC PLAYERS (BOTS). The use of
artificial intelligence including, without
limitation, "robots" is strictly forbidden
in connection with the Service. All actions
taken in relation to the Service by a User
must be executed personally by players
through the user interface accessible by use
of the Software.
8.6. You agree that ALLINSPOT may take steps
to detect and prevent the use of prohibited
EPA Programs. These steps may include, but
are not limited to, examination of software
programs running concurrently with the
ALLINSPOT Software on the User's computer.
8.7. CHIP-DUMPING. Chip-dumping occurs when
any User intentionally loses a hand in order
to deliberately transfer his chips to
another User. Any User who chip-dumps or
attempts to chip-dump with any other User
while using the Service may face the account
suspension or termination immediately.
8.8. FRAUDULENT BEHAVIOR. In the event that
ALLINSPOT 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
above 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, ALLINSPOT shall be entitled to
take such action as it sees fit, including
immediately blocking access to the Service,
terminating such User's account with
ALLINSPOT, seizing all the account balances
held in the User's ALLINSPOT account,
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 taking
legal action against such User.
9. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any
unlawful, obscene, libelous, defamatory,
threatening, or other material that would
violate any law or generally be considered
to be offensive, via the Service using the
profile option, the chat option, messaging
option, the friend option, and the team
option and etc. or in correspondence with
ALLINSPOT's staff. Further, Users shall not
make statements about ALLINSPOT or the
Service that are untrue or would reasonably
be considered to be derogatory or critical.
10. BREACH
10.1. Without prejudice to any other rights,
if a User breaches in whole or in part any
provision contained herein, ALLINSPOT
reserves the right to take such action as it
sees fit, including terminating this
Agreement, immediately blocking access to
the Service to such User, terminating such
User's account with ALLINSPOT, seizing all
account balances held in the relevant
ALLINSPOT account and any privileges
associated with the account, and/or taking
legal action against such User.
10.2. In the event that ALLINSPOT suspends
or terminates your Account, you agree that
you shall receive no refund or exchange for
any unused time on a subscription, any
subscription fees, any content or data
associated with your Account, or for
anything else.
10.3. You agree to fully indemnify, defend
and hold harmless ALLINSPOT and its
shareholders, directors and employees from
and against all claims, demands,
liabilities, damages, losses, costs and
expenses, including legal fees and any other
charges whatsoever, howsoever caused, that
may arise as a result of:
(a) your breach of this Agreement, in whole
or in part;
(b) violation by you of any law or any third
party rights; and
(c) 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.
11. LIMITATION OF LIABILITY
Under no circumstances, including
negligence, shall ALLINSPOT 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 ALLINSPOT had
prior knowledge of the possibility of such
damages.
12. SECURITY AND YOUR ACCOUNT
12.1. Each User account shall be accessible
through the use of a combination of a unique
Player ID ("Palyer ID"), and a unique and
secret password ("Password") (the Player ID,
and Password together being referred to as
the "Login Credentials"). The User is
obligated to choose his/her own Player ID
and Password in accordance with the rules
relating thereto.
12.2. The User agrees that he/she is solely
responsible for all use of the Service under
his/her Login Credentials and that he/she
shall not disclose the Login Credentials to
any person whatsoever.
12.3. The User is obliged to keep his/her
Login Credentials secret and confidential at
all times and to take all efforts to protect
their secrecy and confidentiality. Any
unauthorized use of the Login Credentials
shall be the sole responsibility of the User
and be deemed as his/her use. Any liability
therefrom shall be that of the User.
12.4. Balances in your ALLINSPOT US Dollar
account do not accrue interest.
12.5. You are fully responsible for paying
all monies owed to ALLINSPOT. 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 ALLINSPOT
for any chargebacks, denial or reversal of
payments you make and any loss suffered by
us as a consequence.
12.6. ALLINSPOT reserves the right to run
credit and/or identity checks on a User,
with third party credit agencies or
services, using the information provided to
us by a User on registration with the
Service.
12.7. ALLINSPOT 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.
13. Cancelation / Deactivation
13.1. You may cancel or deactivate your
account at any time by contacting 24/7
support center.
13.2. In the event that you elect to cancel
or deactivate a subscription account, there
will be no refunds for any unused time on a
subscription or any prepaid fees for any
portion of the Service. If you have paid for
a period in advance you will be allowed to
use the remaining time unless your account
or this Agreement is suspended or terminated
based on our belief that you have violated
this Agreement.
13.3. By electing to cancel your account
permanently, you agree that you will forfeit
all your account balances and the privileges
associated with your account.
14. OTHER
This product includes software developed by
the OpenSSL Project for use in the OpenSSL
Toolkit (http://www.openssl.org).
15. DISPUTES
The User accepts that the historical data of
each game shall be as recorded on the
ALLINSPOT servers. In the event of a
discrepancy between the cards displayed on
your computer and the game records on the
ALLINSPOT’s server the latter shall prevail.
16. AMENDMENT
ALLINSPOT reserves the right to update or
modify this Agreement at any time without
notice and you will be bound by such amended
Agreement upon its being posted at the Site.
Therefore, we encourage you to visit the
Site regularly and check the terms and
conditions contained in the Agreement. Your
continued use of the Service shall be deemed
to attest to your agreement to any
amendments to the Agreement.
17. GOVERNING LAW
The Agreement and any matters relating
hereto shall be governed by, and construed
in accordance with, the laws of British
Virgin Islands. Each party irrevocably
agrees that the relevant courts of British
Virgin Islands shall have exclusive
jurisdiction in relation to any claim,
dispute or difference concerning the
Agreement and any matter arising therefrom
and irrevocably waives any right that it may
have to object to an action being brought in
those courts, or to claim that the action
has been brought in an inconvenient forum,
or that those courts do not have
jurisdiction.
18. SEVERABILITY
If a provision of this Agreement is or
becomes illegal, invalid or unenforceable in
any jurisdiction, that shall not affect the
validity or enforceability in that
jurisdiction of any other provision hereof
or the validity or enforceability in other
jurisdictions of that or any other provision
hereof.
19. ASSIGNMENT
ALLINSPOT 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.
20. MISCELLANEOUS
20.1. No waiver by ALLINSPOT of any breach
of any provision of this Agreement
(including the failure of ALLINSPOT 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.
20.2. This Agreement constitutes the entire
understanding and agreement between you and
us regarding the Service and supersedes any
prior agreement, understanding, or
arrangement between you and us.
20.3. The User must provide full and
truthful information in respect of all
details and information requested by
ALLINSPOT in connection with the User's use
of the Service subject at all time to the
terms of the Privacy Policy.
20.4. The English language version of this
Agreement shall be the prevailing version in
the event of any discrepancy between any
translated versions of this Agreement.
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