End User License Agreement
This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety together with all the other Terms and Conditions of BackgammonMasters. Please note that the Agreement constitutes a legally binding agreement between you and JD Lucky Skill Ltd (referred to herein as "BackgammonMasters") which owns and operates the Internet site found at www.BackgammonMasters.com (the "Site").
By playing our Games (defined below), or clicking on the "Yes" button when you install our Software, you are acknowledging that you have read this Agreement. When you register to join BackgammonMasters.com, you agree to comply with this Agreement, you acknowledge that your failure to comply with this Agreement may result in disqualification, account closure, forfeiture of funds and/or legal action against you, as BackgammonMasters may deem appropriate and as specified later in this Agreement. If you have any questions regarding the meaning or the rules of this Agreement, we suggest that you consult with an independent counsel prior to clicking on the "Yes" button when you install the software and/or before continuing with the registration process. You acknowledge that if you accept this Agreement, we will begin providing you with the benefit of our 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 under Section II 2 Termination, below.
The software available for download on this site (the "Software") is licensed to you by BackgammonMasters, on a non-exclusive and non-transferable basis, for your private personal use solely on an "AS IS" basis. The Software is offered for the sole purpose of allowing you to access the Services and play the Games.
BackgammonMasters does not offer any warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to you "AS IS" and "AS AVAILABLE," and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness, or accuracy. Despite BackgammonMasterss efforts to provide the highest quality of software to all users, BackgammonMasters does not guarantee the Site and the Servers will be uninterrupted, timely, or error-free, that defects will be corrected or that the services found therein shall be free from viruses of bugs. BackgammonMasters.com will not be held responsible for damages caused by the Software, the Games, or the Servers.
2. Terms of
Participation in Games:
The following users may not use the Software or participate in Games:
- Individuals under 18 years of age.
- Individuals under the legal age of majority in their jurisdiction.
- Individuals connecting to the Site from jurisdictions from which it is illegal to do so.
- Individuals whose accounts have been either permanently or temporarily suspended by BackgammonMasters.
Players registering as a business entity must have the authority to represent their business in this Agreement. Any player falsely representing a business entity will be solely responsible for any damages to BackgammonMasters.com or the business they have represented.
3. Play Money
Games and Real Money Games:
Residents of the United States are not permitted to participate in any promotions or real money games at our site. We are not accepting transactions from residents of the United States.
All players understand and accept that BackgammonMasters is unable to provide you any legal advice or assurances and that at all times, it is your sole responsibility to ensure that you comply with the laws that govern you and that you have the proper and full legal right to use the Software and/or to play the Games. Any participation in the Games is at your sole discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Services to be offensive, unfair, or indecent in any way.
By registering for the Service, you will be able to access, through our Software, both play money games and tournaments ("Play Money Games") and real money games and tournaments
("Real Money Games") (Play Money Games and Real Money Games are collectively referred to as ackgammonMasters "Games"). No purchase is necessary or required to play the Play Money Games, save in respect to any cost you may incur to access the Services, charged by your internet service provider or telecommunications provider, and you may play the Play Money Games without betting any money. BackgammonMasters reserves the right to suspend, modify, remove, and/or add any Game at its sole discretion with immediate effect and without notice.
To play at BackgammonMasters.com, you will first need to download and install the Software and register for an account with us (an "Account") by choosing a unique Account name (an "Account Name") and password and entering other information that we ask for on our registration form
such as, but not limited to, your full name, address, e-mail address, gender, birth date, and telephone number. You agree to provide only true, complete, and current information and you further agree to update this information as necessary to keep it true, complete, and current. When you make a deposit, our player registration process will include an opportunity for you to confirm or amend any details that you have submitted during the registration process which are incorrect or you can contact us at support@BackgammonMasters.com to apprise us of any changes.
5. One Account per Player:
While your Account Name may be any you choose, when you are asked for your full name, you must use your full legal name as it appears on your credit card or other payment account method, as well as the e-mail used for these payment methods. If the personal information given to BackgammonMasters.com does not EXACTLY match the full name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account, your Account may not be credited and may be subject to actions under Section II 1 below. You are prohibited from holding more than one Account at BackgammonMasters.com. If you have more than one (1) Account, or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one. If you have lost your Account Name or password, please contact us for a replacement at
6. Rules and Procedures of the Games:
You must play the Games pursuant to the backgammon rules set out in the How to Play section of the BackgammonMasters.com website and any other page on BackgammonMasters.com that specifically relates to and governs any particular event, game, or tournament. You acknowledge and agree that we will charge a Rake on all Real Money Games, as set out in the rakes section of the BackgammonMasters.com website.
7. Cheating Detection:
BackgammonMasters does not allow players to use any form of software which assists backgammon players or enables players to have any unfair advantage over other players. BackgammonMasters.com reserves the right to examine software programs operating on your computer at the same time as the BackgammonMasters software is running.
BackgammonMasters also reserves the right to detect your computer and/or client software for the use of external software, and the right to check your accurate game level by removing or adding games, or through the use of any available technologies, front end and back end, including, but not limited to our back office, games logs, and whether the check be performed hourly, daily, randomly or whenever BackgammonMasters sees fit.
In the event that BackgammonMasters deems that you have engaged in fraudulent, unlawful, or improper activity while using the Software or playing the Games, including but not limited to situations in which you have used prohibited backgammon assistance software, BackgammonMasters shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to you, terminating your Account with BackgammonMasters, and seizing all monies held in the relevant BackgammonMasters "Real Money Account".
8. Company Employees:
Employees, directors, officers, consultants, and agents of BackgammonMasters and all affiliated companies are not eligible to register with BackgammonMasters.com, and may not play or participate in any game, whether directly or indirectly. In addition, no family member or member of the household of the aforesaid may register with BackgammonMasters or play the Games. For this purpose, family includes any first degree family member, as well as any members of the household. In addition, employees of BackgammonMasters or any affiliated company may not in any way assist registered Users in any way which gives the User an unfair advantage over other registered Users.
9. Copyrights and Trademarks:
The terms BackgammonMasters, BackgammonMasters, and World Backgammon Network are the trade marks, service marks, and/or trade names of BackgammonMasters or one of its group companies or its licensors. Software, images, animations, videos, audio, and text (and any intellectual property rights in and to any of the same) appearing in the software or on the website belong to BackgammonMasters or one of its group companies and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights to such copyright material or trade or service marks and
must not use them without BackgammonMasters's written permission.
You may install and use the Software 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 the 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's structure, organization, and code are the valuable trade secrets of BackgammonMasters and/or its group companies and/or its licensors. The Software is offered to you with the exclusive right to use only it in order to play the Games offered by BackgammonMasters in accordance with the terms and conditions of the Site. Any other use, including modifying, adapting, translating, reverse engineering, decompiling,
disassembling, or otherwise attempting to discover the source code of the Software or any part of it is expressly forbidden.
Creating, publishing, and distributing derivative works
from the Software is also forbidden. Any use of the Software for any purpose other than connection to our Server to play BackgammonMasterss Games in accordance with the terms and conditions of the Site is forbidden. 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.
11. Account Funds:
Play money funds have no value in and of themselves and are kept separate from real money funds in your Account. Play money funds are not transferable to a real money account, nor redeemable for any currency.
To play Real Money Games, you will be required to deposit funds into your Account by any of the methods specified by BackgammonMasters.com. Payment methods may be updated, expanded, or removed as deemed necessary by BackgammonMasters. Such funds will be deposited into your Account upon actual receipt of funds by BackgammonMasters and/or its agents. Under no circumstances shall you be permitted to use your Real Money Account with BackgammonMasters for any purposes other than for playing Real Money Games, and in the event that BackgammonMasters determines that the foregoing provision has been breached by you, BackgammonMasters reserves the right to immediately block access to the Games to you, terminate your Account, and to seize all monies held in your Real Money Account.
BackgammonMasters.com reserves the right to impose minimum and maximum limits of deposit to your Account, depending upon your history with BackgammonMasters, the method of deposit, and other factors as determined solely by BackgammonMasters.
BackgammonMasters is not a bank and funds are not insured by any government agency.
The transferring of funds from one account to another by any means than through actual game play is strictly prohibited and will result in the disabling of all transferring and receiving accounts involved. BackgammonMasters reserves the right to disable any account which engages in any type of transfer of funds which we deem as non-regulatory.
All payments to and from your Account must be paid in the currencies specified on the Site and shall not bear interest. BackgammonMasters reserves the sole right to add or remove currencies available. All payments into your Account must be from a payment source for which you are the named account holder.
12. Electronic Service Provider EPSs:
In order to play the Real Money Games, you will be required to send money to and receive money from us. BackgammonMasters may use third party electronic payment processors and/or financial institutions ("ESPs") to process such financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle deposits and withdrawals from your Account and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on our website. 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.
13. Cash Outs:
Your account balance is the amount of real money held in your Account to access the Real Money Games, plus or minus any accrued wins or losses, less any rakes or entry fees, less any amounts previously withdrawn by you or amounts forfeited or reclaimed by BackgammonMasters 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), any Inactive Account Fees (see section 14 below) or any sums which are otherwise deducted or forfeited under terms of this Agreement ("Account Balance"). Acceptance of cash out requests is subject to any deposit method restriction, bonus restrictions, Security Reviews, and any other terms of this Agreement. All amounts you withdraw are subject to the transaction limits and any processing fees associated with your selected withdrawal method. If there is a withdrawal processing fee, you will be notified of it upon selecting your withdrawal method. Further, BackgammonMasters may report and withhold any amount from winnings in order to comply with any applicable law. All federal, state, and local taxes due in connection with any winnings awarded to you are your sole liability, unless otherwise specified by BackgammonMasters. Account Balances cannot be transferred, substituted, or redeemed for any other prize. Payment of funds which you withdraw shall be made by check, wire, credit card, and/or any other manner which BackgammonMasters selects in its sole discretion, although we will try to accommodate your preferences as indicated by you when you register. Payments will be made as soon as reasonably possible, although there may be delays due to any Security Review undertaken by BackgammonMasters, or for any reason BackgammonMasters deems it necessary to delay payment.
14. Bonuses, Promotions and Prizes:
BackgammonMasters reserves the right to cancel any promotion and or bonus offered at anytime. BackgammonMasters has sole discretion as to who is eligible to receive bonuses. BackgammonMasters may stop any promotional offer at any time. No promotional bonus or offers may not be combined with any other offers.
BackgammonMasters reserves the right to request photos from competition and prize winners and to publish these materials on the website and in promotional materials. BackgammonMasters may hold conditional the receipt of any prizes upon the submission of those photos and or materials.
15. Inactive Account Fees:
If you do not access your Account by "logging in" to your Account using your Account name and password for any period of 180 days, your Account will be deemed Inactive, and BackgammonMasters shall be entitled to charge an administrative fee of $5 charged at the end of each calendar month that the Account remains Inactive and may deduct the same from your Account Balance. The administration fee will no longer be charged if your Account is re-activated prior to any monthly fee being deducted.
SECTION II Forfeiture; Account Closure; Termination
1. Forfeiture & Account Closure
1.1 BackgammonMasters reserves the right to suspend your Account, freeze any monies in the account, terminate your usage, and take any other measures necessary, if:
- You are in breach of any term of this Agreement;
- You have been charged with, convicted of, or suspected
of online fraud, skillgaming fraud, or any other type of fraudulent behavior. For these purposes, fraud includes collusion or any other improper activities which could harm BackgammonMasterss Games, Servers, or reputation.
- You have "charged back" or denied any of the purchases or deposits that you made to your Account;
- If you become bankrupt or analogous proceedings occur anywhere in the world.
1.2 If after a Security Review has been performed you have either:
- Been found not to have been in compliance with this Agreement; or
- Not provided responses satisfactory to BackgammonMasters within a reasonable time frame as specified in a security review request or within 30 days, if no time frame has been specified.
Then you will forfeit any account balances, and your account will be closed. You will not be allowed to open another account for 5 years.
You are entitled to close your Account and terminate this Agreement at any time by sending an email or contacting us using any method outlined at Contact Us and we will respond within a reasonable time frame provided that you shall be responsible for activity on your Account until such closure has been effected by us. BackgammonMasters is entitled to terminate this Agreement immediately on notice (or attempted notice) to you at the email address that you have provided to us. Where BackgammonMasters has terminated as a result of a failed Security Review, any Account Balances in your Account are non-refundable and deemed forfeited.
SECTION III Indemnity and Liability
You agree to hold BackgammonMasters, its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries blameless and further agree to fully indemnify them from any and all costs, expenses, liabilities, and damages whatsoever that may arise as a result of your breach of this Agreement.
2. Limited Liability of BackgammonMasters.com
- All use of BackgammonMasters Software, Servers, and Games is at your sole discretion, option, and risk. BackgammonMasters will not be held accountable for any computer malfunctions caused by the Software, or by any misuse of any resource granted to you by BackgammonMasters.
- All risks involved in the quality, use, and performance of all BackgammonMasters Services, Games, and Software, are assumed by the User.
- BackgammonMasters is not to be held accountable or legally liable for any damages, losses, costs, or expenses incurred in connection with this agreement or your use of the Services, Games, or Software. BackgammonMasters will not be held accountable even if the damages occur due to negligence, breach of contract, or for any other reason, even if BackgammonMasters received prior warning of the possibility of such damages.
- BackgammonMasters will not be liable for any problem in the software, including, but not limited to, bugs, viruses, and malfunctions, nor will BackgammonMasters be held liable for any damage to your computer equipment or software.
- BackgammonMasters is not required to provide backup networks or systems. Any redundancies in networks or systems will be at BackgammonMasterss sole discretion.
- In any case, Backgammon Masters maximum liability to you or any other parties involved in this Agreement will not exceed the amount paid by the User in rakes or fees in the previous calendar year.
- No part of these Terms and Conditions excludes any liability BackgammonMasters may have in case of fraud or of personal injury or death caused by BackgammonMasters negligence.
SECTION IV - Miscellaneous
BackgammonMasterss backgammon software operates using a Random Number Generator (RNG) which has been tested by an independent auditor. By signing this Agreement, you accept that any difference in results between the Software operating on your hardware, and the server will be resolved based on the servers results. Moreover, BackgammonMasterss records will be the final authority in determining the terms of your participation in the Games and any activity resulting therefrom.
If you have any dispute with regard to any outcome in the Games or any other activity at BackgammonMasters.com, you must submit your complaint to us in writing within fourteen (14) days of the incident by email to Dispute@BackgammonMasters.com. You may also submit notices to us in writing at JD Lucky Skill Limited at: Player Claims, BackgammonMasters.com, Atho 3 B-C, Agioi Omologites,P.C. 1087,Nicosia, Cyprus. Please note that any responses will be made to your email address as it is listed in your account. Be sure to update us of any changes, and to check your email regularly for notices from BackgammonMasters.
In case of merger, acquisition, partial merger, or partial acquisition, we reserve the right to transfer, assign, and sublicense or pledge this Agreement, in whole or in part, to any entity without notice and you will be deemed to consent to such assignment. You may not assign, sublicense, or otherwise transfer or in any manner whatsoever any of your rights or obligations under this Agreement.
3. Third Party Rights:
Except insofar as this Agreement expressly provides that a third party may in their 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.
4. Entire Agreement, Modification and Amendments:
You fully understand and agree to be bound by this Agreement and as modified and/or amended by us from time to time at our sole discretion. BackgammonMasters may amend or modify this Agreement at any time by publishing the modified Agreement on the relevant page of BackgammonMasters.com or any website through which you access the Services. Any such modification will take
effect immediately upon notification and in any event within 30 days of publication. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Software following the 30 day period or your receipt of notice will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments herein each time you play.
This Agreement, and all the Terms and Conditions, and the documents referred to herein represent the complete and final agreement between you and us and supersede any and all prior agreements between you and us.