IMPORTANT - YOU ARE SIGNING A LEGALLY BINDING AGREEMENT. BEFORE ACCESSING OR USING FrogPoker.COM AND ITS ASSOCIATED WINDOWS-SOFTWARE CLIENTS, PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT, THEN PRINT IT AND STORE IT ALONG WITH ALL TRANSACTION DATA, GAME RULES AND PAYMENT METHODS WHICH ARE RELEVANT FOR YOUR USE OF THE SITE.
BY CLICKING THE "ACCEPT" BUTTON YOU REPRESENT AND WARRANT:
- THAT YOU HAVE FULLY UNDERSTOOD THIS AGREEMENT;
- AND THAT YOU AGREE TO FULLY COMPLY WITH IT.
IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT CLICK THE "ACCEPT" BUTTON OR ACCESS FrogPoker.com.
By clicking the "Accept" button, you represent and warrant that you fully understand and agree to comply with all of the following terms & conditions which form a legally binding contract between (a) you and (b) TMG Ltd. and each of its officers, directors, agents, employees, consultants, suppliers, distributors, vendors and affiliates (collectively referred to as the "Company").
2. The Company's address
The Company is a corporation, with its seat in 12 Tigne Place, Tigne Street, Sliema SLM 15, Malta registered at the Court of Justice, Malta under C 37086.
3. Legal Requirements
You represent and warrant that you have attained majority under the law from where you are connecting, and - in any case - that you are over 18 years.
This agreement is void if it is illegal, in general or personally for you, to play the games offered by the Company under the law of the country that governs you. In this case, winnings are void and forfeited.
As it is impossible for the Company to control whoever is connecting and from wherever someone is connecting, it is your sole responsibility to ensure that you comply with the laws that govern you. The availability of the Company's website does not constitute an offer or invitation to access or use its website in countries in which such use is - generally or personally for you - illegal. Any infringement may result in you being brought to court or being prosecuted.
4. Excluded Participants
Registration is prohibited for participants resident in Malta and the United States of America.
5. Rules and Procedures of the Games
The Games you choose to play are played pursuant to these Terms & Conditions, to the rules and procedures set out in the Company's website - which rules are hereby incorporated into this agreement -, and, if nothing more specific is set out there, to the rules generally accepted for the game you choose to play. Any infringement of these rules renders any winnings void.
The rules and procedures of the games may be changed at the Company's sole discretion. Alterations come into effect as soon as they are posted on the Company’s website. They will govern any game which begins after publication of the alteration regardless of your personal knowledge of the alteration.
Any alteration of rules and procedures of the Games is notified as such on the Company’s website for 6 months from the date on which the alteration come into effect. It is therefore essential that you check to see whether there is a notification of change. You are solely responsible for reading and understanding the alterations.
6. Modification, Suspension, Removal, Addition of Games
The Company is entitled to modify, suspend, remove and/or add any Games at its sole discretion and without notice. The Company is not liable for exercising this right. It will not refund any losses so far accrued by Games modified, removed or suspended.
7. Prohibition of any form of Artificial Intelligence
You are strictly prohibited to enable any form of non-human (artificial) intelligence (especially, but not limited to bots or any form of specifically designed software programs) to participate - directly or indirectly - in the games. In order to prevent any participation of artificial intelligence and to enable the Company to survey the players' compliance with the prohibition of the use of artificial intelligence, it is not allowed to send any information about the game being played to any outside program while taking part in the game.
For control measures, see especially section 16; for sanctions in case of infringement: see section 20.
8. Play money and real money games
The Company offers both play money games as well as real money games. Any participation in either game is at your own option, discretion and risk.
Play money funds and real money funds are kept separately and are not exchangeable or transferable with each other. Play money has no value whatsoever and cannot be transferred into any bona fide currency.
In order to participate in the Company's games you have to register for an account ("Account"). The Accounts are single-user accounts only. Each single user is allowed only one registration.
For registering, you have to select a unique Account name and a password. You also have to provide the Company with your true first and last name, address, e-mail, telephone number and, in case you want to play real money games, the number and expiring date of a valid credit card on your name, which is accepted by the Company, and bank account details for cash-outs. You are obliged to keep all this data up-to-date by immediately notifying the Company with any change of the information requested from you when first registering. The data you provide the Company with must not be untrue, false, inaccurate, incomplete or misleading.
By installing the Account you are able to play money games and - provided you have supplied the Company with the data required - real money games.
You are obliged to keep any information about your Account secret. You are strictly prohibited to allow anyone else to use your Account. You are obliged to immediately inform the Company about your suspicion or knowledge of any lack of secrecy of your Account data or of anyone else using your Account.
Any infringement of the clauses above will result in your Account being shut down immediately. Any winnings are void, any positive balance is forfeited.
As it is your sole responsibility to keep your Account secret and confidential, you are liable for any misuse of your Account. Any participation of third parties (with or without your consent) due to your disclosure of your Account name and password - whether direct or indirect, intentional or unintentional - shall be regarded as valid, subject to the following subsection, which means that any losses from their participation will not be refunded by the Company. In addition to that, you are liable for any losses, costs, damages, expenses which occur as a result of any misuse.
Your immediate notification of suspicion or knowledge of any lack of confidentiality of your Account will result in your Account being shut down immediately. Under no circumstances you will be liable for any misuse of your Account happening more than 24 hours after your notification of your suspicion or knowledge. Your Account Balances will be transferred to you only if you provide sufficient evidence that you are entitled to collect the balance under this agreement and the law governing this contract.
11. E-mail Correspondence
You are notified that the Company will, if need be, correspond to you by electronic mail. You are therefore obliged to check your e-mail account at least once a week. The Company may treat you, in any case, as if you checked your e-mail account one week after the Company's e-mail has been sent at the latest. If the e-mail address you indicated in your account is invalid, the Company may treat you as if the e-mail sent by the Company had reached your e-mail account one week after the e-mail was sent. Section 20 (incomplete data) remains unaffected.
12. Software, Copyright and Trademarks
The Company, its affiliates or its licensors own the computer programs - referred to as the "Software" - enabling you to participate in the games. The Software is protected by copyright law and international treaties.
By this agreement, you are entitled to install and use the Software, as it is available from the Company, on appropriate storage device and to make back-up copies thereof only for your personal non-commercial participation in the games via Company's servers according to this agreement as stated herein and through a computer of which you are the primary user.
Any other use, such as (but not limited to) attempting to discover (for example by decompiling, disassembling or reverse engineering) or to modify the source code or parts of it, is strictly prohibited.
You are also prohibited
- to use this Software in a way prohibited by the law governing you;
- to enable, by whatever means, other persons to use this Software;
- to transfer, by whatever means, the Software to a country in which it is illegal to export, to download or to use it.
The Company’s name is a trademark and protected as such. The same is true for all material on the Company's websites, such as (but not limited to) graphics, images, pictures, photographs, design, methodologies, music, audio, text and animations, which are protected by copyright law. This agreement does not entitle you to make any use of them except by playing the games according to the rules set out herein.
Any infringement of your obligations under this section may result in you being held liable for damages or being prosecuted under the law and international treaties protecting this Software, the trade marks, service marks, and trade names of the Company or its affiliates, or their intellectual property in general.
13. Real Money Plays
Section 13 only applies to Real Money Games.
All real money funds are raised, tracked, maintained, transferred and cashed in Euro only.
13.2 Real Money Account Funding
Money may be transferred into the Account by credit cards which are accepted by the Company or any other methods specified by the Company on its website. Methods by which to deposit money into your Account may be changed at any time in the Company's sole discretion. Modifications of the methods come into effect when they are set out on the Company’s website regardless of your personal knowledge of the modification.
As soon as the Company and/or its agents have received the money, it is deposited into the account.
Suspicious transactions will be reported to the Lotteries and Gaming Authority of Malta immediately.
13.3 Limits of Real Money Accounts
The minimum limit for Real Money Accounts is € 10,-. The Company may, at any time and at its sole discretion, change the minimum Limit. The change comes into effect when posted on the Company’s website regardless of your personal knowledge of the change.
Maximum limits for Real Money Accounts are set individually by the Company for each player at the Company's sole discretion. The limit may be raised or reduced at the Company's sole discretion.
The limits are granted according to your personal history with the Company, your methods of depositing money into the Account and other factors determined by the Company.
The Company may at its sole discretion grant you bonus amounts of money into your Account for promotional purposes. Such bonuses may be reclaimed by the Company if you do not use them within a specified period of time.
Unless otherwise specified, bonus amounts may only be used to play games by the Company according to the rules and procedures for the games; you are not entitled to withdraw the bonus amount.
Real Money funds do not bear interest.
13.6 Account Balance of your real money Account
Your Account balance of your real money Account is the amount of money deposited into your Account increased by any winnings and reduced by any losses, cash-outs (including charges) and amounts forfeited or reclaimed by the Company.
You are entitled to request the withdrawal of any amount on your real money Account at any time; for bonuses granted by the Company section 13.4 shall prevail.
Cash-outs are usually made by transferals to your bank account via the transferal of checks to your address and are subject to the terms and conditions set by the Company on its website. These methods and conditions may be changed at any time at the company's sole discretion. Any change comes into effect when set out on the Company’s website regardless of your personal knowledge of the change.
In correspondence with regulation 36 of the Remote Gaming Regulations stated by the Maltese Lotteries & Gaming Authority, withdrawals of €2000 and above must be legitimized with a copy of an ID card, passport, or driver's license. Any of these documents may be sent to the Company by fax or by e-mail in digital form.
The Company is eager to comply with your request of withdrawal by issuing the transferal as promptly as possible, usually within 48 hours.
Notwithstanding the above said, the Company may withhold the requested amount of money in part or in total for a reasonable period of time to clarify whether or not the Account Balance is accurate. The Company may also withhold the requested amount of money in part or in total for security reasons, especially in case of suspicion of manipulation, collusion, fraud, or any other case in which the amount of money may be reclaimed or forfeited or winnings may be voided.
The Company is also entitled to withhold the requested amount of money in part or in total for a reasonable period of time if it has sufficient cause to suppose that you are liable for damages to the Company. Furthermore, the Company may request proof of your identity (subject to section 15) before authorizing any cash transaction.
In addition to that, the Company may withhold and withdraw any amount of money when required to do so by the law (especially the tax laws) of the country governing the Account or the withdrawal or cash-out. Section 13.8 remains unaffected.
Suspicious transactions will be reported to the Lotteries and Gaming Authority of Malta immediately.
13.8 Tax responsibility
It is your sole responsibility to comply with the tax laws governing you, especially those concerning the reporting, recording, accounting of winnings and withdrawals.
13.9 Electronic Service Provider
In Real Money Games the Company reserves the right to sub-contract third parties for payment processions and other financial transaction. The Company is irrevocably authorized to instruct such third parties to handle account deposits and cash-outs from your Account on behalf of yourself and/or the Company.
14. Shared platforms
The Company may run and utilize a shared table, server and database platform ("Shared Platform") which enables you to play with players participating from other sites and brands to the same Shared Platform.
In case you are pooled to such a shared platform you have to comply with the terms & conditions set out by those sites and brands. Should you fail to do so, the Company may block you from the entire system so that you may not be able to finish the game you are currently playing.
In order to fight fraudulent activity the Company may exchange personal data (including transaction history and depositing limits) and play patterns across any and all sites and brands sharing the platform.
15. Security Checks
In order to guarantee a high level of security for you, your fellow players and the Company, the Company may, via electronic mail, request such information or documentation as is deemed necessary by the Company to confirm your identity, the data requested from you under section 9, and your financial transactions.
The Company also reserves the right to request information and documentation to check your compliance with this Agreement.
The request is made by electronic mail (according to section 11).
If you fail to comply with such a request within a reasonable period of time - which is specified by the Company depending on what kind of information or documentation is requested from you -, at least 2 weeks, your account may be shut down and your account balances will be transferred to a Company deposit and maintained there for a certain period of time specified by electronic mail - at least 4 weeks - in which you may comply with the security request. If you continue to fail to comply with the request, the account balances will be forfeited.
In urgent matters - especially in case of suspicion of misuse or of any attempt of manipulation, fraud, and collusion - the Company is entitled to disable your account from the moment the suspicion arises until you provide the Company with the information and documentation requested from the Company according to this section. The Company's right to shut down your account to transfer the amount of money deposited therein and to void the account balances according to this section and to impose sanctions on you according to section 20 remains an unaffected.
The Company reserves the right to store play patterns in order to prevent and detect any form or attempt of cheat, fraud, manipulation and collusion.
16. Anti-cheating software
In order to uphold a high level of security for you, your fellow players and the Company and to prevent, detect and eliminate any form of use of artificial intelligence contradictory to section 7, manipulation, cheat and fraud, the Company uses software designed to detect use of non-human intelligence.
You therefore agree that the company may undertake all necessary steps in regard of your personal computer and software to assure against the use of artificial intelligence, manipulation, cheat and fraud (for example the company may match any suspect application or process against profiles for known illicit automated programs and capture a screenshot of your desktop in case of suspicious applications and processes and transmit the screenshot to the company for review).
17. Reports of fraudulent activities or collusion
If you notice any suspicious signs of fraud, collusion or any other form of manipulation (especially the use of artificial intelligence) you are strongly encouraged to notify the Company by sending an e-mail customer support. The Company will - irrespective of its own measures to prevent, detect and fight such activities - investigate such reports.
In case you are personally affected by such activities, you are obliged to immediately report any suspicious signs for above said activities. Otherwise, you might forfeit any claims in total or in part against the Company and the people committing such activities.
18. Void winnings
Winnings are void if you or your fellow player(s) used counterfeited, mutilated, forged or altered software.
Winnings are declared void by the Company if they are incorrectly awarded regardless of the reason for which the winnings have been incorrectly awarded (e.g. human error on the part of the Company, software defect, or the Company's failure to run the game in accordance with the rules).
Other sections declaring winnings void remain unaffected.
19. Refunding of void winnings
The Company is entitled to transfer the amount of void winnings from your Account to the Company. Should that be impossible (e.g. since the amount of void winnings exceeds the deposit on your Account), you are obliged to refund void winnings immediately after the Company has given you notice of your obligation to refund the winnings.
20. Other Sanctions
If you do not comply with this agreement, especially if
- the legal requirements (section 3) are not fulfilled,
- your registering data is false, misleading, incomplete or not up-to-date,
- you have more than one active account,
- you used non-human intelligence, or attempted to do so,
- you manipulated, cheated, committed collusion, or attempted to do so;
- if you charge back or deny any purchase or deposit that you made to your Account;
- or if the Company receives information that you have played at any other online gambling site under circumstances as set above,
the Company may disable your Account immediately which will block your access and use of the Account immediately.
If you are caught using non-human intelligence, manipulating, cheating, committing collusion, or attempting to do so, your Real Money Account Balances may be confiscated. Section 21 remains unaffected.
In the other cases under this section your Account Balances will be transferred to you only if, on Company's demand via electronic mail (according to section 11), you provide sufficient evidence that you are entitled to collect the Balances under these terms & conditions and under the law governing this contract. Specific sanctions as stated in the various sections remain unaffected, especially those in section 10 and all those declaring winnings void and/or forfeited. If you fail to supply sufficient evidence within a reasonable period of time as specified by the Company - at least 4 weeks - your Balances will be forfeited.
Your liability for damages for breach of contract or on any other grounds remains unaffected. The Company is entitled to withhold the balances in part or in total for a reasonable period of time if it has sufficient cause to suppose that you owe damages to it on whatever grounds.
21. Disclosure of fraudulent activities
If you are caught manipulating, cheating, committing collusion and/or (payment or other form of) fraud, using artificial intelligence, and/or attempting to do so, the Company is entitled to disclose your activities including your name and e-mail-address to the public or to any other gambling site, bank, credit card companies and appropriate agencies.
22. Abandonment of Account
The Company is entitled to shut down your Account for any justifiable reason without precedent notice to you at any time. A justifiable reason shall be that you have not entered your Account for more than 30 months. Remaining funds will be disbursed to the player. If the player cannot be satisfactorily located, the remaining funds will be credited to the Lotteries and Gaming Authority, Malta.
If the Company shuts down your Real Money Account under this section, it has to transfer your Account Balances as if you had withdrawn it the day after your Account is shut down.
If the Company is not in possession of valid bank account data, your balances are forfeited if you do not supply the Company with such valid data within 4 weeks after you have been requested by electronic mail (according to section 11) to hand in valid data.
23. Discrepancy between software and gaming server
In case of discrepancy between the result showing on the gaming server and on the software, the result recorded on the gaming server shall be the final and conclusive result of the game.
24. Obligation to give notice
If you have any dispute with regard to any outcome in the games offered by the Company you have to file a complaint by e-mail to complaint@FrogPoker.com within 14 days of the incident you wish to complain about.
If you fail to hand in a complaint within the period of time specified above, the Company is entitled not to redress your complaint regardless of the grounds on which you filed your complaint unless obliged to do so by law.
In case of unresolved disputes between yourself and the Company, you have the right to inform the Lotteries and Gaming Authority of Malta at complaints(at)lga.org.mt.
26.1 Data Transfer
The Company uses a encryption system in order to maintain a high-standard level of security for any data transfer. However, it is impossible to guarantee absolute security when transferring data.
26.2 Collection of Data
The Company is entitled to collect any data which you supply it with (e.g. when registering), which is collected when you are using our server and which is delivered by free online vendors and service providers.
Personal data is all information which may be used to identify an individual, such as (but not limited to) name, credit card information, bank account data, transaction history. Personal data is collected by the Company only when you are expressly asked to provide the Company with such data. However, personal data may also be received by the Company by online vendors and service providers that refer you to the Company’s website.
In addition to that, the Company is entitled to collect non-personal data including source IP address, date and time of access, type of browsers used, language use, web site(s) visited, when you are using its server.
The Company has free access to all data collected by the free online vendors and the service providers mentioned above, and the providers mentioned under section 13.9.
26.3 No obligation to maintain data
The Company is not required to maintain any data collected. You are solely responsible for recording any relevant data, especially your Account name and/or password.
26.4 Processing of Data
Personal Data the Company receives is only disclosed to our staff, affiliates, subsidiaries and agents, and third parties (especially providers mentioned in section 13.9) involved in the execution of this agreement. It is used only to deliver the products and services you requested the Company to deliver and to execute this agreement. Unless otherwise notified, the Company may also use your personal data to contact you for information about our products, services and promotional offers of the Company or its agents, affiliates and subsidiaries.
In case you receive and accept a prize or promotional offers, you agree that the Company may use your name and town of residence for promotional purposes without additional compensation except where prohibited by law.
Data may be stored and processed in any country in which the Company or its agents, affiliates, subsidiaries maintain facilities.
Section 14 (Shared platform) remains unaffected.
26.5 Disclosure of Personal Data to third parties
Your personal data may be disclosed to legal authorities if requested to do so or if it is deemed necessary in good faith by the Company to do so in order to
- protect the Company's property or rights
- protect the personal safety of user of the Server or the public
- comply with applicable law.
Sections 14 and 21 remain unaffected.
26.6 Access to Data
You may at any time request that the Company disclose to you any data the Company has collected about you, by sending a request to the Company’s support team.
You may also request the Company - in the same way - to delete any personal data about you as soon as this agreement has terminated. The request is carried out as soon as this agreement is completely liquidated and the Company has no indication that neither the Company has any claims against you, nor that you have any claims against it. The Company may demand your confirmation in writing that you do not have any claims against it before deleting your personal data. Your confirmation does not hinder you to raise claims that you have not been aware of when giving your confirmation, unless your ignorance of claims is due to your negligence.
26.7 Disclaimer for third party practices
Only English may be spoken with other players (at the tables) or with the Company's staff unless the Company authorizes the use of any other language.
28. Abusive and Offensive Language
Abusive, offensive, harassing or any other form of indecent language will not be tolerated in multi-player Games or with the Company staff. Any infringement shall be deemed a justifiable reason to shut down your Account under section 22.
29. Your own representation
You represent that you do not find the Company's games objectionable, unfair, offensive or indecent.
You agree to hold the Company, its directors, officers, distributors, agents, employees, consultants, vendors, licensees, licensors, affiliates and subsidiaries, advertising, promotion or other agencies or media partners harmless and will fully indemnify them from any and all costs, expenses, claims, demands, liabilities and damages whatsoever that may arise as a result of your entry, use or reuse of (website), your use of any material of the Company's websites, your participation in the Games, or acceptance of any cash payoff.
31. No warranties
You access the Company’s services at your sole option, discretion and risk -they are provided on an "As available", "with all faults" basis. The Company cannot and will not make any warranties whatsoever as to its games. Above all, the Company does not warrant that the operations offered by the Company will be uninterrupted or error free or that it is compatible with your hardware.
The Company cannot and will not guarantee that its sites are free from infection by viruses or anything else that has contaminating or destructive properties. The Company is not required to provide redundant or backup network and/or systems.
The Company's employees, licensees, agents, consultants, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies are not authorized to make any such warranties on the Company's behalf.
The Company is only liable for damages, losses, costs, demands, claims and/or expenses under cogent statutory law which governs this agreement;
for any breach of duty (that is breach of contract or in tort) caused intentionally or in gross negligence by the Company, its directors, officers, agents, employees, consultants, affiliates or subsidiaries
for death or personal injury or deprivation of personal liberty caused intentionally or negligently by the Company, its directors, officers, agents, employees, consultants, affiliates or subsidiaries.
In addition to that, the Company is liable for breach of duty (including those duties referring to personal information), if caused by simple negligence by the Company, its directors, officers, agents, employees, consultants, affiliates or subsidiaries, which is essential for this agreement and the breach of which will endanger the execution of this agreement (essential breach of contract).
In this case the Company will be liable only for predictable damage; it will not be liable for lost profits, not for punitive damages, not for any consequential loss. Liability is limited to an amount of €10,000. Malfunctions of the software, bugs or viruses resulting in lost data or any other damage to your computer equipment or software shall not be deemed as essential breach of contract.
Apart from the liability mentioned above, the Company is not liable for damages. The company's directors, officers, agents, employees, consultants, affiliates, subsidiaries, distributors are only liable under the same conditions and to the same extent as the Company itself.
33. Revocation of this agreement
You are entitled to revoke this agreement within 14 days of this notification in writing or by e-mail by sending your revocation to (address) or (e-mail address). Your revocation does not have to state any grounds. Your revocation is valid if it posted in due course of time.
Your right to revoke this agreement expires when you take part in any games.
34. Duration of this contract
This contract starts when you accept these terms & conditions by clicking the "Accept" button. You can terminate the contract at any time by sending an e-mail to the Company’s support team.
You may terminate the use of our software at any time by uninstalling the Company's software package.
After termination of the contract, the Company will shut your Account down as promptly as possible. It will cash out your any real money Account Balances as if you had withdrawn the balances the same day (section 13.7).
35. Invalid clauses
Should any provision of this agreement be or become void, this shall not affect the validity of the remaining provisions of the agreement which shall remain in full force and effect. The parties are obliged to fill the gap by an agreement which will have the effect most similar to the clause which is void.
Should there be a gap in this contract; the parties are obliged to fill it in in a way in which sincere parties would fill it in with respect to aims of this agreement.
36. Governing Law
This contract will be governed by the law of Malta.
37. Exclusiveness of these terms & conditions
The terms and conditions contained herein or referred to herein constitute the complete, final and exclusive agreement between you and the Company. No other - prevailing or complementary - agreement between the parties exists.
38. Modifications and Amendments
The Company is entitled to amend or modify any of the conditions & terms herein or referred to herein at any time without notice at its sole discretion. The modification or amendment will govern all the games you take part in whence the amendment or modification is posted on the Company’s website regardless of your personal knowledge of the amendment or modification.
Modifications and amendments can only be made by the method described above. That includes the methods in which modifications and amendments may be made.
Directors, officers, agents, employees, consultants, affiliates, subsidiaries are not entitled to amend, modify, suspend or remove this agreement in total or in part individually.