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END USER LICENSE AGREEMENT
This end user license
agreement (the "Agreement")
comprises the terms and conditions that should be read by you (the "User"
or "You")
in its entirety prior to your use of the
Rummy.com service and/or Rummy.com products.
Please note that the Agreement constitutes a
legally binding Agreement between You and Rummy.com
("Rummy.com",
"Us",
"We"
or "Our")
which owns and operates the Internet website
found at Rummy.com and www.Rummy.com (the "Site").
In addition to the terms and conditions of
this Agreement, please review Our
Privacy
Policy ("Privacy Policy") 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.
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 and the Privacy Policy as each may be updated or modified
from time to time in accordance with the
provisions below and therein. By accessing,
using, viewing, reading, printing, installing,
or downloading any material from the Site You
agree to be bound by the most current version
of this Agreement and the Privacy Policy.
1. GRANT OF
LICENSE/INTELLECTUAL PROPERTY
1.1.
Subject to the terms and conditions contained
herein Rummy.com grants the User a
non-exclusive, personal, non-transferable
right to install and use the Rummy.com rummy
software ("Software")
in order to access the Rummy.com servers and
play the rummy games. You shall use the
Software together with your unique Player ID
("User ID") and unique secret password
("Password"), chosen by and known only
to You, for the sole purpose of accessing the Rummy.com servers (the "Servers") in
order to play Rummy, Rummy 500, Gin Rummy,
Indian Rummy (the "Games") in
accordance with this Agreement (the Software and Games together
being the "Service").
1.2.
The Software is licensed to You
by Rummy.com 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. Rummy.com is not able to
verify the legality of the Service in each
jurisdiction and it is the User's
responsibility to verify such matter in their
own locality.
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 organisation
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;
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(d) export the Software to any country
(whether by physical or electronic means);
without the prior written
consent of Rummy.com; or
-
(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
Unauthorised Use. You shall notify Rummy.com
immediately upon becoming aware of the
commission by any person of any Unauthorised
Use and shall provide Rummy.com with
reasonable assistance with any investigations
it conducts in light of the information
provided by You in this respect.
1.5. The
terms "Rummy.com", and any trade marks,
service marks and/or trade names used by Rummy.com on the Site from time to time (the "Trade
Marks"), are the trade marks, service
marks and/or trade names of Rummy.com 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 Rummy.com 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 prior written consent, granted by Rummy.com explicitly.
2. NO WARRANTIES
2.1.
Rummy.com disclaims any and all warranties,
expressed or implied, in connection with the
Site and Service which is provided to You on
an "AS IS" basis and
We provide You with no warranty or
representation whatsoever regarding its
fitness for purpose, quality, reliability, completeness or
accuracy.
2.2.
Regardless of Our considerable 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.
Rummy.com 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 Rummy.com in this respect.
2.4. Whilst We endeavour to ensure
that Site and Service is normally available 24
hours a day, access to Site and Service may be
suspended temporarily and without notice in
the case of system failure, maintenance or
repair or for reasons beyond Our control and
We shall not be liable if this is the case.
2.5. Third party content, materials,
information, documents, advertisements,
graphics and images (including without
limitation any messages, data, information,
text, or links) may appear on the Site or
be accessible from the Site via links to
other websites ("Third Party Content").
Such Third Party Content or the presence of
such links are provided solely for your
convenience. We are not responsible for and
assume no liability for any infringement,
errors, mistakes, negligence, misstatements of law,
defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity
in the materials, content, statements,
opinions or representations contained in any
Third Party Content. If You decide to access,
use or rely upon any of the Third Party
Content You do so entirely at your own risk.
2.6. PUBLIC BETA. You understand and
acknowledge that the Service is being provided
as a “Public Beta”, and is made available on
an “AS IS” and “AS AVAILABLE” basis for the
purpose of providing Rummy.com with feedback
on the quality and usability of the Service.
The Service may contain errors or inaccuracies
that could cause failures, corruption or loss
of data and/or information from your computer
and from peripherals (including, without
limitation, servers and computers) connected
thereto. Rummy.com strongly encourages You to
back-up all data and information on your
computer and any peripherals prior to using
the Service. YOU ASSUME ALL RISKS AND
ALL COSTS ASSOCIATED WITH YOUR USE OF THE
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS
INCURRED FOR THE USE OF YOUR COMPUTER AND
PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT,
SOFTWARE, INFORMATION OR DATA. In
addition, Rummy.com is not obligated to
provide any maintenance, technical or other
support for the Service.
3. AUTHORITY
Rummy.com retains authority over the issuing,
maintenance, and closing of Users' accounts at
Rummy.com. The decision of Rummy.com
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
acknowledge that there is a risk of losing
money when using the Service and that
Rummy.com has no responsibility to You for any
such loss.
4.2. You
agree that your use of the Service is at your
sole option, discretion and risk.
4.3. 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.
4.4. You
are solely responsible for any applicable
taxes which may be payable on winnings paid to
You.
4.5. 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. PROHIBITED USES
5.1. SOFTWARE
MODIFICATIONS. User may not attempt
to edit, adapt, modify, decompile, reverse-engineer or
disassemble the Software in any way.
5.2. PERSONAL 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 "real money account"
with Rummy.com 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 Rummy.com and the User is obligated to
update such details in the event of any change
thereto. A User may only have one account with
Rummy.com 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. Rummy.com reserves the right
to monitor any effort to establish multiple
accounts. In the event Rummy.com discovers
that You have opened more than one account,
all additional accounts will be closed without
notice and continued violation will result in
the termination of any and all of your
accounts and it may also result in the forfeiture of associated
winnings.
5.3. COLLUSION.
Collusion between Users by sharing cards
or by any other methods is strictly forbidden. Rummy.com reserves the right, in addition to
other measures, to restrict seating and/or to
prohibit Users from playing at a particular
rummy 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, Rummy.com reserves
the right to consider any collusion between
players (including Users) as a material breach
of this Agreement and accordingly Rummy.com
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.
Collusion may also result in the forfeiture of
your entire Rummy.com account balance.
5.4. EXTERNAL
PLAYER ASSISTANCE PROGRAMS (EPA).
Rummy.com prohibits External Player
Assistance Programs ("EPA Programs") which are
designed to provide an "Unfair Advantage" to
players. Rummy.com defines "External" to mean
computer software (other than the Software),
and non-software databases or profiles
(e.g. web sites and subscription services). Rummy.com
defines an "Unfair Advantage" as any instance
in which a User accesses or compiles
information on other players beyond that which
the User has observed through the User's own
game play. You agree that Rummy.com may take
steps to detect and prevent the use of
prohibited EPA Programs. Such action may
include, but is not limited to, the
examination of software programs running
concurrently with the Rummy.com Software on
the User's computer.
5.5. 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.
5.6. 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 be permanently banned from using
the Service and their account may be
terminated immediately. In such circumstances
Rummy.com will be under no obligation to
refund to You any monies that may be in your Rummy.com account at such time.
5.7. FRAUDULENT BEHAVIOUR. In the event that
Rummy.com 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, Rummy.com shall be entitled to
take such action as it sees fit, including
immediately blocking access to the Service,
terminating such User's account with Rummy.com,
seizing all monies held in the User's
Rummy.com 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. Rummy.com reserves
the right to close the account and ban any
User from the Service, who is known as a
fraudulent player by the independent Online
Casino Managers Association (the "OCMA") and
listed in a negative database of the OCMA.
5.8. As part of the Rummy.com licensing
Agreement
and in compliance with anti money laundering
legislation, players need to be aware they may
be required to produce personal documentation
(such as Government issued ID, bank statements
and utility bills) upon request in order for
their transfer to be processed. This allows Rummy.com to help protect its players and
prevent Rummy.com being used as a vehicle for
money laundering or fraud.
Rummy.com
reserves the right to decline any account
transfer requests or to overturn any account
transfer upon suspicion of a breach or
breaches of any of the terms of this Agreement by the sender or
receiver.
5.9. In the event that Rummy.com
deems that a User has engaged in fraudulent,
unlawful or improper activity while using the
Software or playing the Games, including
without limitation a User who has colluded or
attempted to collude with another user of the
Software, or has used Prohibited EPA programs,
or has Chip-Dumped to another user, Rummy.com
shall be entitled to take such action as it
sees fit to stop or prevent any such activity,
including without limitation, to restrict
seating and/or prohibiting Users from playing
at a particular 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, Rummy.com
reserves the right to immediately block the
access to the Games from such User,
terminating such User's account with Rummy.com
and seizing all of the User's money held in
the relevant Rummy.com account.
6. OFFENSIVE OR
ILLEGAL
LANGUAGE OR CONTENT
6.1. OFFENSIVE LANGUAGE OR CONTENT.
The User is prohibited from posting or sending any
unlawful, lewd, obscene, libelous, defamatory,
threatening, racist or other material that would
violate any law or generally be considered to
be offensive, via the Service using the chat
option, the player images option or in
correspondence with Rummy.com staff.
6.2. ADVERTISING OR STATEMENTS. When
using the chat option on the Service or the
forum on the Site, Users are prohibited from
making any statements which promote any
web address, service or product of any party other than Rummy.com. Further, Users shall not make
statements about Rummy.com or the Service that
are untrue or would reasonably be considered
to be derogatory or critical.
6.3. ILLEGAL CONTENT. The User is
prohibited from posting, via the Software
online chat or forums or in correspondence
with Rummy.com staff, any material that
contains (or provides links to) software
viruses or any other computer code, files or
programs designed to interrupt, destroy or
limit the functionality of any computer
software or hardware or telecommunications
equipment or designed for fraudulent,
unlawful, dishonest or improper activity
(including, but not limited to “phishing” and
other scams).
7. BREACH
7.1.
Without prejudice to any other rights, if a
User breaches in whole or in part any
provision contained herein, Rummy.com reserves
the right to take such action as it sees fit,
including immediately blocking access to the Service to
such User, terminating such User's account
with Rummy.com, seizing all monies held in the
relevant Rummy.com real money account and/or taking legal
action against such User.
7.2. You
agree to fully indemnify, defend and hold
harmless Rummy.com and its shareholders,
directors, subsidiaries, affiliates, agents 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:
-
7.2.1. your
breach of this Agreement, in whole or in
part;
-
7.2.2. violation
by You of any law or any third party rights;
and
-
7.2.3. 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.
8. LIMITATION OF
LIABILITY. Under no
circumstances, including, but not limited to,
negligence, shall Rummy.com or any of its
owners, officers, directors, employees, affiliates,
shareholders, promotion agents, agents,
licensors, successors, representatives, assigns,
contractors, suppliers or service providers be
liable for any special, incidental, indirect,
or consequential damages, losses or injury
whatsoever (including, without limitation,
damages for loss of profits, business
interruption, loss of information, or any
other pecuniary loss) arising out of the use
(or misuse), access or attempted use or access
of the Site, Software, the Games or the
Servers, irrespective of whether Rummy.com or
any or all of the foregoing or any of their
authorized representatives have been advised
of the possibility of such damages or had or
was deemed to have had prior knowledge of the
possibility of such damages. You further agree
that Rummy.com is not liable for any special,
incidental, indirect, or consequential
damages, losses or injury whatsoever
(including, without limitation, damages,
losses, or corruption to your personal
computer and to your data or any viruses that
may infect your computer equipment or other
property) caused by downloading any
information (including, without limitation,
materials, data, text, images, video or audio)
from the Site or Software.
9. SECURITY AND
YOUR ACCOUNT.
9.1.
Each User account shall be accessible through
the use of a combination of a unique User ID,
a unique and secret Password (the User ID and Password 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.
9.2. 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.
9.3. 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 there from shall be
that of the User.
9.4. Note that monies held in your Rummy.com
account do not accrue interest.
9.5. You
will not be able to place any bets using the
Service in an amount greater than the total
amount of money in your Rummy.com account.
9.6. You
are fully responsible for paying all monies
owed to Rummy.com. 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 Rummy.com for any
chargebacks, denial or reversal of payments
You make and any loss suffered by Us as a
consequence.
9.7.
Rummy.com 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.
9.8.
Rummy.com 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.
9.9. You
acknowledge and agree that monies deposited by
You in your Rummy.com account are held in a
trust account on your behalf.
10.
AUTO PLAY
The User has just twenty five (25) seconds
("Turn Time") to play his/her turn
in every round. In the case where a User does not
make a move at his turn within Turn Time, the
User will draw upon a fixed balance of
additional time ("Time Bank") of
approximately 1 minute (sixty seconds). Where
the User fails to make a move within both Turn
Time and Time Bank, the Site's system
will then take a card and drop a card for the
User (the system will not discard a joker
card), in order to preserve the continuity of
the game. In case the User fails to play his
turn two times in a row, at the end of the
Turn Time of the second round the
User didn’t play his turn, the Users game shall
revert to Auto Play and the Site's system will
take a card and drop a card for the User,
without waiting Turn Time. If the User wishes
to rejoin the game and play, the
User has to make a move on their turn. In
case all the Users playing at the same table
have reverted to Auto Play, after two rounds
the Site's system will automatically cancel the game.
11. DISPUTES
The User accepts that the historical data of
each game shall be as recorded on the
Rummy.com servers. In the event of a
discrepancy between the cards displayed on
your computer and the game records on the
Rummy.com server the latter shall prevail.
The User accepts that the "Hand
History" feature of the Software shall not be
considered as the official historical record
of any hand.
12. AMENDMENT
Rummy.com reserves the right to update or
modify this Agreement or any part thereof at
any time without notice and You will be bound
by such amended Agreement within 14 days of it
being posted at the Site. Therefore, We
encourage You to visit the Site regularly and
check the terms and conditions contained in
the version of the Agreement in force at such
time. Your continued use of the Site and/or
Service shall be
deemed to attest to your agreement to any
amendments to the Agreement.
13. GOVERNING LAW
The Agreement and any matters relating hereto
shall be governed by, and construed in
accordance with, the laws of the Isle of Man.
Each party irrevocably agrees that the
courts of the Isle of Man shall have
exclusive jurisdiction in relation to any
claim, dispute or difference concerning the
Agreement and any matter arising there from 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.
14. 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.
15. ASSIGNMENT
Rummy.com 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.
16. TERMINATION
Without prejudice to any other rights,
Rummy.com may immediately terminate this
Agreement if You fail to comply with the terms
and conditions contained herein. In such
event, You must destroy all of your copies of
the Software.
17. MISCELLANEOUS
17.1. No
waiver by Rummy.com of any breach of any
provision of this Agreement (including the
failure of Rummy.com 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.
17.2.
Nothing in this Agreement shall create or
confer any rights or other benefits in favour
of any third parties not party to this
Agreement.
17.3.
Nothing in this Agreement shall create or be
deemed to create a partnership, agency, trust
arrangement, fiduciary relationship or joint
venture between You and Us.
17.4.
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.
17.5.
The User must provide full and truthful
information in respect of all details and
information requested by Rummy.com in
connection with the User's use of the Service
subject at all times to the terms of the
Privacy Policy.
17.6.
The English language version of this Agreement
shall be the prevailing version in the event
of any discrepancy between the English version
and any translated
versions of this Agreement. ACCEPT |