Terms & Conditions

Version 1.1
Last Updated 28th April 2008

IMPORTANT: READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCEPTING THIS AGREEMENT. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THET YOU SHALL AT ALL TIMES COMPLY WITH THE LAWS AND REGULATIONS APPLICABLE IN THE JURISDICTION FROM WHERE YOU ARE ACCESSING THE SITE. IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT, YOU ARE HEREBY BEING ADVISED TO SEEK INDEPENDENT LEGAL ADVICE.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE TO THE USER.

1. Acceptance & applicability of terms & conditions

1.1. The terms and conditions constitute a legally binding agreement, hereinafter referred to as “Agreement”, between: The End user - hereinafter referred to as “You”, and Royalcenter Limited (C 37035), a limited liability company registered and licensed in Malta and having its registered office at 36, Archbishop Street, Valletta, VLT 08, MALTA - hereinafter referred to as “the Company”, “we”, “us” or “our” as appropriate. 1.2. Access to and the use of all services that are provided to You by the Company are subject to this Agreement. The purpose of this Agreement is to regulate the legal relationship between You and the Company in relation to your use of the Company’s online poker room and all related games/services and the underlying software system, hereinafter respectively referred to as “Games/Services” and “Software”. The Company may enforce any of its rights or powers set out in this Agreement against You. 1.3. If you accept to be bound by this legally binding Agreement click on the 'Submit' or 'I Agree' button or any similar box that indicates your acceptance. As soon as you click on the 'Submit' or 'I Agree' button or any similar box that indicates your acceptance, this Agreement is concluded between You and the Company and You will be subject to these terms and conditions. 1.4. By clicking on the ‘Submit’ or 'I Agree' button or any similar box that indicates your acceptance, You signify that You fully understand and agree to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you. You acknowledge that if You accept this Agreement, we will start providing you with the benefit of the Services immediately. As a consequence of this, if you accept this Agreement when registering for our Services, you will not later be able to cancel your registration, although you can terminate this Agreement and close your Account. 1.5 By accepting this Agreement you are not only accepting these terms and conditions but You are also agreeing to abide to the Company’s Privacy Policy, How to Play & Game Rules, the Tell-a-Friend Terms and Conditions, the Standard Promotional Terms and Conditions and any other additional rules and terms which are published or otherwise notified to You that specifically relate to and govern any particular event, game, software, promotion or tournament. You should read all of these documents carefully as each one forms part of the legally binding agreement between us. 1.6 These Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions. IF THIS AGREEMENT OR ANY OF THE AFOREMENTIONED DOCUMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.

2. Licensed operations

2.1 The Company’s online poker room is located at www.draculaholdem.ro (DraculaHoldem.com) replacement or associated URLs. The Company’s operations are licensed and regulated by the Lotteries and Gaming Authority of Malta (LGA) http://www.lga.org.mt/ and the Lotteries and Gaming Authority is the regulatory body in Malta. The Company holds a Class 3 licence No LGA/CL3/252/2006. 2.2 All transactions at DraculaHoldem.com take place in the territory of Malta. All bets placed DraculaHoldem.com are placed on servers located in Malta. 2.3 In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by the Company, you should in the first instance contact the Company in accordance with Section 21 below. If you are not satisfied with the Company’s response you may contact the LGA, La Concorde, Abate Rigord Street, Ta' Xbiex MSD 12, Malta or e-mail complaints@lga.org.mt .

3. Eligibility

3.1 You may only use our Games/Services if: a. You are over 18 years of age or such higher minimum legal age as stipulated in the jurisdiction of Your residence. b. It is legal for You to do so according to the laws that apply in the jurisdiction from where you are connecting. c. You are not a resident of Malta or USA. 3.2 You understand and accept that the Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have complete legal right to participate in these games. 3.3 By using the Services, you acknowledge that you do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Participation is void for whomever and/or wherever prohibited by law.

4. Registration and the member account

4.1 To play at DraculaHoldem.com , You are first required to register personally and open an account from which you may access any of our Services. You can open an account with us by completing the registration process which involves choosing a unique username and password and providing the Company with true, current, complete and accurate information such as your first and last name, age, address, email address and telephone number. You agree to provide only true, current, complete and accurate information and you further agree to update this information as necessary to keep it current, complete and accurate. By registering at DraculaHoldem.com , you will be able to access both play money games and tournaments and real money games and tournaments. 4.2 The Company charges no set-up charges for opening your Account. 4.3 The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. To verify your identity, Company reserves the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement). Failure to supply such documentation may result in suspension of the Account. 4.5 The Company reserves the right to use the above procedures and means to verify your identity when effecting withdrawals from and deposits into Your Account. 4.6 The Company reserves the right to use additional procedures and means to verify your identity for any payout exceeding the equivalent of Lm1,000 (approx. 2,300 Euros) and reserves the right to carry such verification procedures in case of lower payouts. 4.7 You are prohibited from holding more than one (1) Account. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed in order for You to only have one (1) Account. Company reserves the right to close your Account(s) if you open multiple Accounts. If the Company has reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the Company, the Company reserves the right to cancel any transaction related to the said fraud attempt. In case You lose your Account name or password, please contact us for a replacement. 4.8 You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify the Company immediately of any unauthorized use of Your account or any other breach of security. The Company will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by the Company or another party due to someone else using Your account or password. You may not use anyone else's account at any time.

5. Payouts, deposits, withdrawals from your account

5.1 You may participate in the Services only if You have sufficient funds on Your Account for such participation. The Company shall not give you any credit whatsoever for participation in any of the Services.
5.2 To deposit funds into Your Account, You can use any of the methods specified in the relevant pages of the Website(s), as may be amended from time to time. Currently the following methods are available: a. Credit Card and Debit Card which are processed by Wirecard b. Neteller c. Moneybookers d. Click2pay services offered by Wafepay 5.3 The Company is not a bank and funds are not insured by any government agency. All payments to and from your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and you shall ensure that all payments into your Account are from a payment source for which you are the named account holder. If you are making a deposit to or withdrawal from your Account in a currency other than your account currency, such deposit and/or withdrawal will be made at the exchange rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. 5.4 You can request withdrawals from your Account at any time provided all payments made have been received. Company reserves the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using credit/debit card or an e-wallet to make a deposit, Company may elect not to accept any withdrawal request within fourteen (14) days after the deposit. Withdrawals will be processed in not later than five working days, if practicable, after receipt of request. 5.5 The selling or transferring of an account from one player to another is strictly prohibited. The procedure to be followed in such a case is the one player requests a full payout and closure of the account. While the other player makes a fresh registration. The process is two separate transactions and cannot in any way be combined. 5.6 The use of certain Services will require You to first download and install software indicated and usually provided on the Platform.

6. Suspension, modification, removal and addition of games

6.1 The Company reserves the right to suspend, modify, remove and/or add any Game at its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, the Company will not be liable. The Company forbids the use of all unfair practices when using the Services. We do this to protect our customers and the integrity of the Services. If any customer is found to be participating in any form of player collusion or other activities that we consider to constitute cheating, his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding. The company also takes measures to prohibit the use of robots or other devices that may distort the game.

7. Copyright and trademarks

7.1 The terms Dracula Hold’em and DraculaHoldem.com are the trademarks, service marks and/or trade names of this company. Further, all material on DraculaHoldem.com, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text, and the games, belongs to Dracula Hold’em or an affiliated entity and is protected by copyright law. By using DraculaHoldem.com and the materials contained therein and/or herein, you obtain no right to use any of the above-mentioned without the express written authorization of DraculaHoldem.com

8. Electronic services provider

8.1 As stated, in order to play the Real Money Games, you will be required to financially transact with us, i.e., to send and receive money to/from us. The Company reserves the right to sub-contract and use third party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that the Company may give such instructions on your behalf. Further, you agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail.

9. Bonuses

9.1 Complimentary or bonus amounts credited by the Company, if any, into your Account for promotional purposes may only be used to play in the Games and you are not entitled to withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions by way of reference specifically incorporated herein. Further, the Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified. IF THE BONUSES & PROMOTIONS SECTION IS TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.

10. Cash outs

10.1 Your account balance ("Account Balance") is the amount of real money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you or amounts forfeited or reclaimed by the Company due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under this Agreement. You may request to cash out and withdraw any or all of your Account Balance at any time and there is no requirement to play the Games in order for you to make such request. All amounts cashed out are subject to the transaction limits and processing fees as set forth at DraculaHoldem.com and may change from time to time in the Company's sole discretion. Further, the Company may report and withhold any amount from winnings as required by law. It is important to note that in any event, all federal, state and local taxes due by You in connection with any winnings awarded to You are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed out shall be remitted to the same account from where the original funds originated. Payments will be made as promptly as possible, subject to any reasonable necessary security reviews by Company.

11. Abusive or offensive language

11.1 Abusive or offensive language will not be tolerated in the multi-player Games, on the Company's chat boards or otherwise by Yourself on the Platform or with Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company's operation in any media or forum. The chat boards are available for socializing purposes. There are however limitations on the said chat boards. Collusion through the use of the chat boards or any other chat is strictly prohibited and if it is found that there is abuse or player collusion through the chat boards then the Company reserves the right to remove such chat boards at its own discretion without any prior notice. All conversations on the chat boards are logged and any suspicious chats will be reported to the respective authorities.

12. Disclosure to third parties

12.1 You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and password to another person, and such disclosure results in a third party participating in the Games using your Account Name and password, such participation shall be valid, and you will not be refunded any resulting losses at Dracula Holdem.com, regardless of whether or not the third party had your consent or not. The Company shall not be required to maintain Account Names or passwords if you misplace, forget, lose, or are otherwise unable to enter DraculaHoldem.com because of anything other than Company's error. The Account name and password selected when you apply for membership should not be disclosed to any third party. You are solely responsible for the security of your Account name and password.

13. Disclosure of fraudulent activities

13.1. If, in Company's sole determination, you are found to have cheated or attempted to defraud the Games, DraculaHoldem.com or the Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to Company's operation in any media or forum or if the Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) the Company reserves the right to publicize your actions together with your identity and e-mail address, as well as to circulate this information to banks, credit card companies, and appropriate agencies. Further, the Company may close any accounts, and forfeit account balances, that you have at DraculaHoldem.com or at any other Company website, casino and/or business. 13.2. We reserve the right to void and withhold any or all winnings made by any person/s or company where we have reasonable grounds to believe that said person/s or company is acting or has acted in liaison in an attempt to defraud or damage the Company and/or the Services and/or the Platform in any way. 13.3. In the interests of data protection, security and avoidance of fraud the Company does not permit use of any communication channels included within the Services and/or the Platform (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether yours or a third party's). You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services.

14. System failure, errors or ommissions

14.1 You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any bet or wager you have placed or any currency conversion. In the event of any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, ('System Error') the Company will seek to place all parties directly affected by such System Error in the position they were in before the System Error occurred. 14.2 The Company reserves the right to declare null and void any wagers or bets that were the subject of such System Error and to take any money from your DraculaHoldem.com Account relating to the relevant bets or wagers, if there are insufficient funds in your Account, demand that you pay us the relevant outstanding amount relating to these bets or wagers. 14.3 In all circumstances whereby the Company (in its sole discretion) determines a System Error has been used to gain an unfair advantage, the Company reserves the right to consider this activity to be subject to Forfeiture & Account Closure Section of these Terms and Conditions. 14.4 If there is any discrepancy between the gaming results on your computer and the results on the game server of the Company, the results on the said game server shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your Account, the balance held on the Company’s server is deemed to be the balance in your Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your Account that result from human error or technical default. 14.5 If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Company or (b) any bug, defect or error in the Software or (c) the other failure of the Company or the Software to operate in accordance with the rules of any of the games then the Company will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake. 14.6 The Company and all of their officers and directors and employees will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.

15. Security checks and review and releases

15.1 To maintain a high level of security, Company reserves the right to conduct a security review at any time to validate your identity, verify the registration data provided by you, your financial transactions and further document your consent to this Agreement for potential breach of these Agreements and of applicable law. To facilitate these security checks, you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. You also agree to provide such identification or other information or documentation as Company, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Company reserves the right to void your Account. You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.

16. Abandonment of account balance

16.1 The Company reserves the right to cancel your Dracula Hold’em.com account for any justifiable reason whatsoever at any time without notice to you. If you do not access your DraculaHoldem.com Account by "logging in" to your Account by using your Account Name and password for any consecutive period of 30 (thirty) months, your Account will be considered inactive and will be closed. The Company will seek to refund You the entire Account Balance or if in any case You cannot be satisfactorily located, the company will remit the said Account Balance to the LGA in accordance with Maltese legislation. 16.2 For the avoidance of doubt, pursuant to this section, the Company may also close any account with any ESP which you have.

17. Account closure, forfeiture and confiscation

17.1 The Company reserves the right, in its unfettered discretion and in relation to your account, any related ESP account, any accounts you may have with other sites and/or casinos and/or services owned or operated by or on behalf of the Company and, in the case of your use of the gaming services, any services that share the shared game/table platform, to terminate this agreement, withhold your account balance, suspend your account, and recover from such account the amount of any affected pay-outs, bonuses and winnings in any of the following circumstances: i. If you have more than one active account at DraculaHoldem.com; ii. If the name on your DraculaHoldem.com account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at DraculaHoldem.com; iii. If you participate in a DraculaHoldem.com promotion and withdraw before fulfilling the requirements of that particular promotion; iv. If you provide incorrect or misleading registration information; v. If you are not of legal age and/ or If you connect from a jurisdiction where participation in the Games is prohibited by law vi. you become bankrupt or analogous proceedings occur anywhere in the world; vii. If you have "charged back" or denied any of the purchases or deposits that you made to your Account; viii. If you are found cheating or attempting to cheat, or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other players of DraculaHoldem.com in order to defraud the Company; ix. If you fail to comply with any of the terms and conditions set forth in this Agreement; OR x. If Company should become aware that you have played at any other online gaming site under any of the circumstances set out at i) to x) above. 17.2 In particular circumstances where there are questionable events your account may be blocked and the company reserves the right to limit and refuse bets during such period of time until such time that necessary checks have been completed and then the account is either fully activated or closed altogether.

18. Termination of agreement

18.1 You are entitled to close your Account and terminate this Agreement on seven (7) days notice to Company by withdrawing the entire balance from your account and sending a letter or email or telephoning us using the details at contact us. We will respond within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been affected by us. The Company is entitled to terminate this Agreement on seven (7) days notice (or attempted notice) to you at the email address you have provided the Company. In the event of termination by the Company, the Company shall give notice of the termination to you via email and, other than where termination is pursuant to Section 17, as soon as reasonably practicable refund the balance of your Account. Where the Company has terminated pursuant to Section 17, any payouts, bonuses and winnings in your Account are non-refundable and deemed forfeited. 18.2 Termination of this Agreement will not affect any outstanding bets, PROVIDED that any outstanding bets are valid and are not in breach of this Agreement in any way. 18.3 The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 13, 17, 18, 19, 20, 21, 22, 23, 24 and 25.2 along with any other Sections which are required for the purposes of interpretation.

19. Indemnity

19.1 YOU AGREE THAT YOU SHALL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENT AND YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY AND HOLD COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES, LICENSORS, AFFILIATES, AND SUBSIDIARIES HARMLESS FROM AND AGAINST ANY AND ALL CALIMS, DEMAND, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH; YOUR MISUSE OF GAMES OR THE SOFTWARE, ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACTS OR OMISSIONS, THE ENFORCEMENT OR PROTECTION OR THE CLARIFICATION OF THE COMPANY’S RIGHTS UNDER THIS AGREEMENT, THE PROCESSING, REVERSAL OR ADJUSTMENT OF ANY TRANSACTION AND/OR FAILURE BY THE COMPANY AND/OR DELAYS INCURRED IN THE PROCESSING, REVERSAL OR ADJUSTMENT OF ANY TRANSCATION. 19.2 WITHOUT PREJUDUCE TO THE ABOVE, YOU ALSO FURTHER AGREE TO FULLY INDEMNIFY THE COMPANY FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES WHATSOEVER THAT MAY ARISE FROM ANY BREACH BY YOU OF THE AGREEMENT.

20. No warranties and limited liability

20.1 YOUR ACCESS TO DRACULAHOLDEM.COM, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. DRACULAHOLDEM.COM , THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN DRACULAHOLDEM.COM, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF DRACULAHOLDEM.COM, THE GAMES AND THE SOFTWARE LIES WITH YOU. 20.2 ANY ALLOWABLE CALIM, IF ANY, WHICH YOU MAY BRING AGAINST THE COMPANY MUST BE BROUGHT NOT LATER THAN 60 (SIXTY) DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD. 20.3 THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF DRACULAHOLDEM.COM, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS DRACULAHOLDEM.COM. 20.4 THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF DRACULAHOLDEM.COM , THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS. 20.5. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE COMPANY MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE

21. Complaints

21.1 If you have any complaint with regard to any outcome in the Games or other activity at DraculaHoldem.com, you must submit your complaint to the Company in writing within fourteen (14) days of incident by email to info@DraculaHoldem.com. The Company will always seek to resolve any reported complaint as promptly as possible. If for some reason You are not satisfied with the outcome you may contact the LGA, La Concorde, Abate Rigord Street, Ta' Xbiex MSD 12, Malta on Telephone: +356 21316590, Fax +356 21316599 or email complaints@lga.org.mt

22. Notices

22.1 Any notice we give to you (save as otherwise set out herein) will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address through the 'Change Email' facility in our software and to regularly check your email account for emails from the Company.

23. Data usage

23.1 Company may share your personal data with any of its agents who may only use such data for strictly the same purposes as Company shall specify and within the terms of these Agreements. The Company shall use your personal data in accordance with the Privacy Policy. You should assume that all use of our website, and emails and telephone calls between you and Company will be recorded. These recordings will be the sole property of Company and may be used as evidence in the event of any dispute or to improve customer services.

24. Governing law & jurisdiction

24.1 This Agreement shall be governed by and construed in accordance with the laws of Malta without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of Malta for the settlement of any disputes arising out of or concerning this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

25. Rights of third party and assignment

25.1. Except insofar as this Agreements expressly provides that a third party may in its own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

26. Entire agreement, modification and amendments

26.1 You fully understand and agree to be bound by the Terms and Conditions contained herein and as modified and/or amended from time to time. DraculaHoldem.com reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted at DraculaHoldem.com. It is your sole responsibility to review this Agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and Company and supersede any and all prior agreements, representations or statements made by Company.

27. Gaming services

The following terms apply only to your use of the Gaming Services. Please note that in the event of any conflict between this Section and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail. 27.1. Software 27.1.1 You may install and use the computer program(s) available from DraculaHoldem.com on a hard disk or other storage device and make backup copies of the software, provided that such use and backup copying is only for your own personal use for participating in these games in accordance with this Agreement, and further, that such installation and use is made through a computer of which you are the primary user. The Software is owned by the Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of Company and/or its licensors. The Software is protected by copyright law and International Treaty provisions, and you obtain no rights to the Software except to use it in accordance with this Agreement. You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part thereof or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by Company solely for the purpose of enabling end users of the Software to fully utilize the Games. You may use the Software for online play only on Company's servers. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others, except for online play on Company's servers. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations. 27.1.2 Any reproduction or redistribution of the Software not in accordance with this agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. 27.2. Shared Table and Database Platform 27.2.1 The Company reserves the right to run and utilize a shared table, server and database platform ("Shared Table Platform") which enables players from DraculaHoldem.com to play with players coming into the games, tables and tournaments from other sites and brands to the same Shared Table Platform so that the players may be pooled into common tables regardless of which site or brand they may have entered from. In such event, you agree that you may be pooled into these common tables, at Company's sole discretion, and that to the extent that you breach the terms and conditions of one site or brand, Company may have you blocked, in part or full, from the entire system so that you may not play through any site or brand. Further your play patterns, personal data, depositing limits and history may be calculated and shared across the system to counter fraud, over-depositing and other matters, as Company shall decide in its sole discretion. 27.3 Account Funding 27.3.1 Play money funds are kept separate from bona fide (real) money funds and are not transferable or exchangeable within an Account. Further, such play money funds have no value in and of themselves and are non-transferable and non-redeemable for any bona fide currency. To play the Real Money Games, you will be required to deposit bona fide funds into your Account by any of the methods specified at DraculaHoldem.com, which may change from time to time at the Company's sole discretion. Generally, said funds will be promptly deposited into your Account upon actual receipt of funds by Company and/or its agents. Minimum and maximum limits apply to deposits depending upon your history with DraculaHoldem.com, the method of deposit, and other factors as determined solely by Company. All funds will be paid, tracked and maintained in Euros, except as otherwise stated, and shall not bear interest. 27.4 Play Money and Real Money Games 27.4.1 By registering for the Gaming Services you will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the gaming services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost you may incur to access the Gaming Services, charged by your Internet service provider or telecommunications provider, and you may play the Play Money Games without betting money. The Company reserves the right to suspend, modify, remove and/or add any Gaming Service at its sole discretion with immediate effect and without notice and the Company will not be liable for any such action 27.5 Rules and Procedures 27.5.1 You must use the Gaming Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service you are using specifically set out in the Games section of the DraculaHoldem.com , including but not limited to the Promotions section, Tournaments section, Game Rules section, the Tell a Friend section, How to Play, Table Stakes, section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules'). 27.6 Anti-Cheating Policy 27.6.1 We are committed to preventing the use of unfair practices in our Services, including but not limited to player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that we deem enables you to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that the Company will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and you agree not to use any Software and/or any such programs. 27.7 Settlement of In-Game Disputes You fully accept and agree that random number generator ('RNG') hardware will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Gaming Services, the activity resulting there from and the circumstances in which such activity occurred.

28 Responsible gaming

28.1 The game is an amusing way of spending time and it can be very entertaining but if you see that you are getting into financial difficulties due to excessive gambling then you should stop and ask for help. There are a number of organizations who help compulsive gamblers including but not limited to http://www.gamblersanonymous.org/ , http://www.gamaid.com/go/ At Dracula Hold’em we also have mechanisms in place for self protection and exclusion. A player may request to set financial limits on the wagers and on the losses he may incur in any one session. A player may also opt to limit the time spent in any one session or in extreme cases he may request that he is excluded from playing for a certain period of time. These exclusions may be removed once you request that they should be removed. On requesting the addition of any limits or exclusions by e-mail, the limits will be immediately applied to safe guard your interests.

29. Anti money laundering

29.1 The site will be monitored for money laundering activity. All our employees have been fully trained and we have mechanisms to identify possible suspicious transactions. It is unlawful to deposit funds obtained from ill-gotten means and all transactions will be monitored and checked. Any suspicious activity will be reported to the Operations Manager who in turn will inform the directors if the transaction is confirmed to be highly risky. The player will not be forewarned and he may be investigated while still being allowed to play on the site. If deemed necessary, the matter will be reported to the relevant authorities. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If you have any questions, please contact our 24/7 Support team.