GENERAL TERMS AND CONDITIONS OF GAMELERS

Gamelers B.V. (’Gamelers’) is a private limited company incorporated under Dutch law. On their websites, Gamelers offer games of skill (the ‘Games’) which you as player (‘Player’) may play against another player or against the ‘computer’. Players may also register as a member by opening an account. With this account they are entitled to play against other players for money or for points. If the Player is younger than 18 years old or is not a member, the Player may not play for money.

The General Terms and Conditions (’Terms and Conditions’), set out below are applicable to all services offered by Gamelers on their websites, all web pages that are part of these websites and all content, software and services offered thereon (hereinafter jointly referred to as: the ’Website’) and thus govern, with the exclusion of any other terms and conditions, the legal relationship between the Player and Gamelers.

By using the Website and/or opening an account the Player accepts the Terms and Conditions (and does so time and again in the event that amendments are made to the Terms and Conditions).

To read and save these Terms and Conditions click on the link at the bottom of the Website’s home page. During the registration process, and on the page that displays the Terms and Conditions, you will be also be given the opportunity to save the Terms and Conditions so that you are able to read these at some later time (click on 'file' and then on 'save').

Should you discover that these Terms and Conditions are being breached by a Player, please inform Gamelers via the ‘Report Abuse’ function, e-mail Gamelers via: info@plyga.com.

Article 1. Games of skill

Gamelers provides you with the opportunity to play the Games. The Games are games of skill whereby the result is dependent on the speed, skill and intelligence of the Player. These games do not comprise any, or at any rate, insufficient chance elements to be deemed games of chance as defined by law. Gamelers recommends that you acquaint yourself with each Game by reading the rules and instructions before playing any Game.

Article 2. Minimum age

2.1.

By using the Website, you confirm that you are 13 years or older, or if you are younger than 13 years of age, that you are assisted by and under the direction supervision of a parent or guardian. If you are younger than 13 years of age, we request you not to access the Website without the direct supervision of your parent or guardian.

2.2.

Should children under the age of 13 years nevertheless be granted consent to access or assisted with obtaining access to the Website, the parent or guardian agrees to accept full liability for the consequences thereof, and agrees that Gamelers will not be liable for direct, collateral, exceptional or consequential damage or loss of profits as a result of the use of the Website by users under the age of 13 years.

Article 3. Technical requirements

To play the game you must have access to the Internet. The Games will operate best if your computer complies with the technical requirements defined in the technical section of Gamelers’ ‘frequently asked questions’ (’FAQ’s’). It is your responsibility to ensure that your computer system is technically compatible with the Website.

Article 4. Accounts

4.1.

There are three options:

i) Players who do not wish to play for points or money may use the Website without first creating an account (’Account’);

ii) if a Player is under age or if the Player wishes to play for points, an Account must be created immediately; and

iii) if a Player is of age and wishes to play for money against other Players, he must register himself as a member via a credit account (‘Credit Account’).

Account and Credit Account are hereinafter also jointly referred to as Account. A Player may only open one Account and he may, by means of a written request, convert this Account into a Credit Account.

4.2.

The Player may own a Credit Account through which he may play against other Players for money. To open a Credit Account, the Player must be at least 18 years old and be registered with Gamelers. The Credit Account must be linked to an account on which all winnings and losses are recorded. Gamelers will not give interest on a Credit Account balance.

4.3.

The Player must deposit a minimum sum of 10 (ten) Euros on to the Account that is linked to a Credit Account, which monies will be used as stake when playing the Games against other Players.

4.4.

25% of each deposit made by the Player to the Credit Account will belong to Gamelers.

4.5.

The Player financing the Credit Account must be the Player who has registered himself. Gamelers reserves the right to assess compliance with this requirement by checking unique e-mail addresses, actual addresses, credit card numbers and/or any other form of payment that is used for the opening of a Credit Account. Gamelers may terminate Accounts if it is established that one or more of these Accounts is managed or controlled by one single person.

4.6.

By registering yourself for a Credit Account, you explicitly confirm that you:

  • are at least 18 years old;
  • will not play the Games when you are in a country or jurisdiction where it is prohibited to play the Games for money;
  • will not deposit any money on Gamelers’ account that does not belong to you, or that has been acquired from criminal or other illegal activities, or deposit money with a credit card, debit card or payment card that does not belong to you;
  • understand that you could lose money by playing the Games and that you accept that you are fully responsible for this loss.

4.7.

You undertake to provide current and accurate personal information about yourself for registration of the Account, including your age, full first names and surname, place of residence and valid e-mail address.

4.8.

You understand and agree that if you provide Gamelers with incorrect information, Gamelers is entitled to close your Account. When asked to provide information relating to a credit card, debit card or payment card and you provide the requested information, you must ensure that you are fully entitled to use such card, and that the balance on the card used is sufficient to cover the costs that are debited to this card.

4.9.

Should the credit balance of the Player with a Credit Account exceed the sum of 1000 (thousand) Euros, Gamelers will transfer this surplus to a registered bank account of the Player concerned. Gamelers may at all times, without stating reasons, adjust this limit.

4.10.

Should your Account be dormant (no transactions) for a consecutive period of no less than twelve months, Gamelers is entitled to close your Account. The balance on the Account will then accrue to Gamelers.

4.11.

Gamelers is entitled, at its discretion, to close the Account of a Player and to exclude the relevant Player from the Games, if this Player continually violates the Terms and Conditions.

4.12.

As it is your responsibility to ensure that your password for your Account remains secret, Gamelers is not liable for any damage and/or loss that you might suffer as a result of an unauthorised person accessing your Account. In addition, Gamelers accepts no liability whatsoever as a result of the unauthorised use of your Account, irrespective of whether this occurs fraudulently or not.

4.13.

Opening an Account with Gamelers means that you consent to Gamelers accessing your Account to investigate complaints and/or other allegations of abuse.

4.14.

On the closing of an Account, a sum equal to the sum remaining on the Account that may be with withdrawn, will be repaid to you after you (a) have proved your identity and (b) have informed Gamelers that your e-mail address is correct, all this to the satisfaction of Gamelers. Deposits made to the Account minus any withdrawals made from the Account, will be credited only to an account in your name.

4.15.

Should Gamelers have a grave and reasonable suspicion of fraudulent behaviour with respect to an Account, it reserves the right to withhold the sums of money available to the Player up to the end of the recovery period applicable to the payment method applied for the payment of the relevant monies.

Article 5. Privacy policy

5.1.

By registering for the Website you grant Gamelers permission to process your personal data for the purpose defined in these Terms and Conditions.

5.2.

Gamelers will use cookies to store specific data for each time that you run the Games. Cookies enable Gamelers’ system to recognize your computer, and to ensure that the Account is allocated to the Player who enters the correct username and password for that Account.

5.3.

Gamelers reserves the right to pass on your personal data to third parties requesting such data if Gamelers is required to do so by law.

5.4.

Gamelers wishes to create a safe and fair gaming environment for all of its Players. For this reason, you agree that Gamelers is entitled to monitor your computer with a view to tracking down any attempted abuse. In addition, Gamelers may use the ‘Active X’ controls and other methods to ensure that the Games are played fairly.

5.5.

Your registration means that Gamelers is entitled to publicize your username, scores and records. Furthermore, acceptance of a prize means that you agree that Gamelers is entitled to publicize your username and tournament records in its promotional texts in all media (newsletters, broadcasts, e-mails etc.) without Gamelers having to pay you for this.

5.6.

Gamelers will inform you by e-mail about special offers, events and changes in policy and/or the Terms and Conditions. Important announcements will be sent to the e-mail address provided by you as long as your Account remains open. You may, at any given time, choose to register or de-register yourself for the receipt of promotional communication by sending an e-mail to: info@plyga.com.

5.7.

Gamelers will keep your personal data only for as long as this is necessary for the purposes that you have agreed to pursuant to these Terms and Conditions. After your cancellation, Gamelers will delete your personal data from their system.

5.8.

Gamelers may engage Payment Service Providers, ("PSP's") to execute payment transaction services on behalf of Gamelers so as to enable the sale of products or services via the Website and/or transactions, such as, deposits. Should you make a payment via the Website, all information that you provide in that respect to the PSP falls under the privacy policy applied by that PSP and not under Gamelers’ privacy policy, as defined in the Terms and Conditions. You explicitly agree that Gamelers is entitled to pass all your personal information at its disposal on your to the PSP so that the PSP can offer you the payment transaction service each time you purchase something from the Website. You also explicitly and that the relevant PSP may use this information for the analysis or statistical analysis of payment transactions. Gamelers is entitled to inform a PSP that a user is involved in an activity (or that the user, according to a party, has been involved in an activity) that is illegal, in conflict with the rights of a person or that such activity had led to the suspension or termination of the use of the Website by the relevant user.

Article 6. Control of Games

Gamelers is entitled to remove or amend one or more Games should Gamelers have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections against the content or the conduct of the Players, or (b) technical problems arising within Gamelers or the Internet. It is also possible that the Games may be temporarily unavailable. For security and other reasons, Gamelers may require you to amend your password or other data, which gives you access to the Games.

Article 7. Abuse of the Games

Players may not use any unfair methods to play the Games. Any technique giving the Player the possibility to use anything other than pure skill while playing the Game, is deemed unfair. These techniques include but are not limited to, having multiple Accounts, the use of programme codes or commands or modified hardware or software to assist when playing, adopting the identity of another Player, or intentionally losing Games to gain a competitive advantage. Furthermore, Players may not behave in such a manner that it causes a disruption or disturbance of the Games.

Article 8. Suspension and termination as a result of non-compliance

Gamelers reserves the right to (a) deny or terminate a Player’s access to the Games (b) forfeit all winnings of the relevant Account(s) if the relevant Player acts in violation of a provision of these Terms and Conditions. Once access has been denied or terminated, the relevant person will not be allowed to re-register on the Website, neither will such person be allowed to access the Website without the prior written approval of Gamelers.

Article 9. Purpose of the Games

The Games are played by the Players for the purposes defined in article 1 in conjunction with article 4.1. The Players may not use the Games for any other purpose, for example, to display material on the Website, for any commercial purpose or use the access to the Games or the information ensuing therefrom for sending out unsolicited e-mails.

Article 10. Content

The Player accepts that all information, data, texts, software, music, sound, photos, graphic representations, videos, messages, tags or other materials (‘Content’), whether openly displayed or privately sent, is/are the exclusive responsibility of the person creating this Content. The Player is solely responsible for all Content that he/she uploads, places, e-mails, sends or otherwise makes available via the Games. Gamelers has no control over Content placed on its Website by third parties concerning the Games and for this reason Gamelers cannot guarantee the accuracy, integrity or quality of such Content. The Player understands that he could be subjected to Content that he could consider offensive, improper or objectionable. Gamelers is, in any event, not responsible for Content, including but not limited to, errors or omissions in the Content, or whatever loss or damage ensuing from the use of Content placed, e-mailed, sent or otherwise made available with respect to the Games.

Article 11. Prohibitory provisions

The Player will:

  • not upload, place, e-mail, send or otherwise make available, Content that is illegal, harmful, threatening, rude, incites violence, is unlawful, defamatory, vulgar, obscene, libellous, infringes on someone’s privacy, sows hatred, or is racist, ethnically or otherwise objectionable;
  • not in any way whatsoever use the Games to harm minors;
  • not use the Games to pose as another person or entity or to otherwise wrongly represent a relationship or connection with a person or entity;
  • not amend or manipulate the Website to mask the origin of Content that is sent via the Games;
  • not use the Games for commercial purposes or to the advantage of third parties or in any way other than is permitted under these Terms and Conditions;
  • not use the Games for fraudulent or corrupt purposes;
  • not make changes to the Website and the Games; subject these to reverse engineering, or hack the Website and the Games in any way whatsoever;
  • not gather or collect information on other Account members, including but not limited to personal data;
  • not upload, place, e-mail, send or otherwise make available unsolicited or unauthorized publicity, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of offering services;
  • not upload, place, e-mail, send or otherwise make available material that includes software viruses or other computer codes, files or programmes that have been designed to interrupt, destroy or reduce the functionality of computer software or hardware or telecommunication equipment;
  • not use the Games to, whether or not intentionally, breach the applicable legislation at municipal, provincial, national and international level, and statutory regulations.

Article 12. Guarantees and liability

12.1.

Gamelers offers no guarantee that the Website and the Games will be continually available nor that these will function without fault. Gamelers will, however, strive to correct any possible faults and problems. Gamelers, and/or its assistants on the implementation, is/are only liable for damage if they are charged with intent or gross negligence within the framework of the requirements prescribed by law. The liability for negligence and the compensation of consequential and financial losses, lost savings, loss of profit, lost data and loss of interest, is excluded.

12.2.

Gamelers is not liable for any damage arising with respect to the Player’s hardware and software as a result of viruses or other damaging components within the Website and the servers connected to the Website.

12.3.

Gamelers is not liable for any damage arising during the Games and/or at the outcome thereof because the Games were interrupted, prematurely terminated or disrupted in whatsoever manner as a result of possible technical defects.

12.4.

Gamelers is not liable for input, transfer, transaction or processing errors, neither is it liable for content, completeness and accuracy.

12.5.

Gamelers reserves the right to also subsequently correct obvious mistakes made on the input and/or processing of the results (e.g. swapping of Players etc.), publication of stake, prizes, quotes etc.

12.6.

Gamelers is not liable for any damage arising as a result of abuse of the Account by the user or third parties.

12.7.

Gamelers is not liable for any damage ensuing from circumstances beyond its control (force majeure and such like).

12.8.

In the event of breach of these Terms and Conditions the Player is obliged to indemnify Gamelers for all damage and third-party claims ensuing from such breach and to compensate any losses or damage suffered and costs incurred.

12.9.

Without prejudice to the aforegoing articles, the sum of Gamelers’ liability towards a member under these Terms and Conditions (whether ensuing from gross negligence, breach of contract or otherwise) will never exceed a sum that is equal to the sum paid by the Player to Gamelers for his membership irrespective of the ground of the claim.

Article 13. Third Party websites

The Website may comprise links to websites of third parties. Some of these sites could contain material that is objectionable, unlawful or incorrect. The existence of these links does not mean that Gamelers endorses the sites or services of these third parties. You declare that you are aware of this and agree that Gamelers cannot be held responsible or liable for the content or other material on such sites of third parties. Transactions that you enter into with the advertisers found on the Website take place between you and the advertiser. You declare that you are aware of this and agree that Gamelers cannot be held responsible or liable for any damage and/or loss suffered by you or claims that you may have against the advertisers.

Article 14. Intellectual property

14.1.

The Player acknowledges that all copyrights, trademarks, patents and other proprietary rights to and related to the Website and the Games (IP Rights) belong to Gamelers. The Player will, with respect to the Website and the Games, refrain from copying, distributing, publicly displaying or creating derivative works, unless the Player is explicitly authorized to do so by Gamelers.

14.2.

Gamelers grants the Player a restricted licence for the access to and use of the Website and the Games. This licence does not allow the Player any commercial or derivate use of the Website and the Games (including the individual components of Content).

Article 15. Indemnification

The Player will indemnify Gamelers against any liability, claim and costs of third parties that could ensue from the Player’s non-compliance with these Terms and Conditions.

Article 16. Transfer

Gamelers reserves the right to transfer these Terms and Conditions, and to transfer any or all of the rights and obligations under these Terms and Conditions to third parties. The Player may not transfer his Account or these Terms and Conditions without the prior written approval of Gamelers.

Article 17. Amendment of these Terms and Conditions

Gamelers reserves the right to update these Terms and Conditions from time to time. In that case, Gamelers will inform the Player and the Player is subsequently obliged to accept the new Terms and Conditions before being allowed to play the Games.

Article 18. Partial nullity

Should any part of these Terms and Conditions be declared void or not legally enforceable by a judgment, the rest of these Terms and Conditions will retain their full force and effect.

Article 19. Applicable law and choice of forum

These Terms and Conditions are governed by the laws of the Netherlands. All disputes arising out of or that have a direct or indirect connection with these Terms and Conditions will be brought before the competent court in Amsterdam.