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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.