CASINOLOCO TERMS OF SERVICE AND LICENSE AGREEMENT
Last updated: 23rd May 2018
This document is a legal agreement ("Agreement") between you ("Player") and Loco Online Entertainment N.V. ("PokerLoco"). This website is operated by PokerLoco Malta Ltd. (216 Penthouse 7, Triq San Albert,Gzira, Malta) under the licence of the fully owned Loco Online Entertainment N.V. (E-Commerce Park Vredenberg, Curacao). Read the following terms and conditions before using real money with the software (the "Software") accompanied by this Agreement.
By clicking the "I have read and agreed to the terms ' conditions" Checkbox or accessing any real money part of the softwart, player expressly agrees to and consents to be bound by all the terms of this agreement. If you do not agree to all of the terms of this Agreement you may not access the real money tables in the Software. PokerLoco reserves the right to modify these Terms and Conditions and, thus, to amend the Agreement between You and PokerLoco at any time. Should You due to any possible changes, not wish to continue using the services of PokerLoco, You can withdraw all available funds and ask customer support to close Your account. Such amendments will become effective immediately upon being posted on www.pokerloco.com. It is Your sole responsibility to review the Terms and Conditions, together with the specific rules for each Game You choose to participate in, in order to remain updated with all amendments each time You play.
In cases where disputes arise between players, judgments of the PokerLoco management are final, binding and conclusive in all matters.
1. LICENSE AGREEMENT
PokerLoco grants to Player a non-exclusive license, without right to sub-license, to use the Software, subject to the terms of this Agreement. PokerLoco may modify this Agreement at any time without notice and Player shall periodically review this Agreement and any other terms and conditions posted at this Web site at a rate not less than once monthly. Player shall not participate in the Games, open, use or reuse the Software, enter the Web site, or the cardroom, nor accept any prize if Player does not fully understand, agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein, which may change from time-to-time. The term of this Agreement will be automatically extended for three years from the date you receive any PokerLoco Software upgrades or subsequent PokerLoco Software versions.
2. LICENSE RESTRICTIONS
You may not:
- permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the terms of this Agreement
- modify, translate, reverse engineer, de-compile, disassemble or create derivative works based upon the Software
- copy the Software
- rent, lease, transfer, sublicense or otherwise transfer rights to the Software
- remove any proprietary notices or labels on the Software, including the code underlying the Software
- use the Software for any reason other than your private use
3. LIMITATIONS ON USE
It is each player's responsibility to follow his/her local gaming age restrictions. In any case, no person under the age of eighteen (18) is permitted to participate in games at PokerLoco. You agree not to use the software to participate at Pokerloco except where it is expressly legal to do so.
No person will be allowed to have more than one account. PokerLoco reserves the right to request a photocopy of a government issued ID, in order to verify a player's identification. If a Player opens more than one account, PokerLoco reserves the right to block play for all the Players accounts except one remaining account. It is the responsibility of the player to cash-out any remaining funds from the blocked account(s). Any play money credits, player points, tournament tickets or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.
Only 1 real money account is allowed per player.
Every user may hold only 1 account. Users already registered are not allowed to register as new users under another name or with another e-mail address. PokerLoco reserves the right to close any other real money accounts that are traced to the same address or computer. In such a situation, any remaining monies may be cashed out by the player. If promotional bonuses have been deposited into a duplicate account by PokerLoco, PokerLoco reserves the right to remove all bonuses paid into all linked accounts. If an amount of money paid into either of the accounts by PokerLoco is outstanding, PokerLoco reserves the right to demand that the Player deposits a sum into their account equal to the debt owed. This amount shall be removed by PokerLoco in order to settle any outstanding debt.
Residents of the following countries are prohibited by law from playing PokerLoco's games for real money:
- Czech Republic
- United Kingdom
- United States
- Virgin Islands
- South Africa
Internet gambling may be illegal in the jurisdiction in which you are located. if so you are not authorised to use your payment card to perform transactions. We recommend users to keep a copy of all transactions made along with our Terms and Conditions.
PokerLoco assumes no responsibility for the actions by you, the Player. You acknowledge that the games offered by PokerLoco may be deemed an illegal activity in certain jurisdictions, and represent that you have made a reasonable inquiry into the legality.
PokerLoco is not responsible for claims for losses or damages resulting from real money play under any condition. Play at PokerLoco is at the sole option, discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account passwords and other personal security information. PokerLoco is not responsible for the unauthorized use of your, the Player's, account or any losses that may result, of such unauthorized use.
PokerLoco also has the right to hold any and all of a player's funds indefinitely if it is found, determined at the sole discretion of PokerLoco, that the player has been involved in fraudulent activity on PokerLoco. Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information.
You may only use the Software in accordance with the rules posted on the PokerLoco site, as may be modified from time to time. In cases where disputes arise between players, you agree that judgments of PokerLoco are final, binding and conclusive in all matters. All taxes, duties and fees applicable in connection with any money or prizes awarded to a Player are the Player's sole responsibility. Violation of any PokerLoco policy or rule may result in suspension or termination of the player's PokerLoco account.
4. LIMITED WARRANTY
PokerLoco does not warrant that the player's use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. PokerLoco does warrant to Player that the Software will operate for purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty is breached, PokerLoco's only obligation under this Agreement and Player's sole remedy is, at PokerLoco's option, to either have PokerLoco replace your Software with new Software supplied by PokerLoco or terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee will not include any costs resulting from your real-money play.
5. LIMITATION OF LIABILITY
PokerLoco is not responsible for any losses incurred by you in real money play. The Software is provided "as is". There are no warranties of any kind as to the software's implied merchantability or to fitness for a particular purpose, even if Pokerloco has been advised of that purpose. Pokerloco will not be liable for any direct, indirect, consequential or incidental damages arising out of the use of or inability to use the software, even if Pokerloco has been advised of the possibility of such damages. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
6. HOLD HARMLESS AND REMEDY
You agree to hold harmless, indemnify and defend PokerLoco, its officers, directors, employees and contractors, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) resulting from your violation of any of the terms of this Agreement.
7. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
- You have read and you understand this Agreement.
The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate:
- any provision of law, rule or regulation to which you are subject
- any order, judgment or decree applicable to you or binding upon your assets or properties
- any agreement or other instrument applicable to you or binding upon your assets or properties
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.
9. INFORMATION COLLECTION
PokerLoco will collect information from browsers through using 'cookies'. The information will be, for example, the type of browser you use, your I.P. number etc. This information is collected for security reasons, and with the aim of constantly improving our Web site to better meet your needs.
PokerLoco reserves the right to use your email address to send you information regarding PokerLoco. Your email address will never be sold or shared with any third parties. At any time you can choose to be removed from further mailings in My Accounts page.
11. PAYMENT POLICY
PokerLoco shall have the right to refuse a payment or a wager to an account holder, until the Account Holder's identity has been verified. You must enter all mandatory information requested into Your registration form, in particular, Your identity, Your address and contact details, including a valid e-mail address, Your place of residence, Your place from where You intend to access the Website, if other than Your place of residence, relevant payment information, all of which must be true and correct. It is Your sole responsibility to ensure that the information You provide is true, complete and correct and You hereby represent and warrant to PokerLoco that the information provided is true, complete and correct. You are hereby notified that PokerLoco carries out verification procedures, whether itself or through third parties on users depositing money. You may be requested to provide PokerLoco with documents, such as a copy of Your passport or other identification documentation. Your Member Account may be blocked or closed if You do not provide requested information or documents or if such information or documents you provide is/are found false or misleading. Upon request of such documents, you must provide such documents within 30 days. If a player fails to send in requested documents to PokerLoco, the account will be closed and all funds will be confiscated and the account will be treated as fraudulent.
Withdrawals from a PokerLoco Account are made through payments addressed to the Account Holder or transferred to a bank account held in the name of the Account Holder, as advised by the Account Holder.
PokerLoco reserves the right to charge for withdrawals for administrative cost as indicated on the website, which for instance occurs when more than one withdrawal occurs in a 30 day period
For your protection you may only withdraw the maximum amount of €4000 in any twenty-four hour period, €5000 per week and €20 000 per month. Considering you have submitted your necessary identification documents, we will process your withdrawal request within a maximum of 5 working days.
An account holder who won a jackpot of more than €50,000 in the progressive slots, may have to wait up to 30 working days on payment from the time of the jackpot. Account holder can then choose to take out the full jackpot profit, regardless of size.
12. PROHIBITED PROGRAM POLICY
Background and purpose
We recognize that people want to become better poker players so they can improve their performance at our tables. There are a number of techniques that can be used to achieve this goal. In our opinion, not all of the existent tools are consistent with "fair play". The purpose of this policy is to separate acceptable techniques of performance improvement from techniques that are prohibited at PokerLoco. First of all, we would like to emphasize that education and experience are the strongest ways to develop a more successful game. We encourage this, and recommend worthwhile books for players interested in improving.
We also recognize that numerous software tools are available which promise to help players improve their game performance. After consultation with many of our players, including professional poker players and top poker industry experts, we have decided to clearly separate these programs into two categories: 1) software tools that provide a fair advantage to a player and are allowed; and 2) software tools that provide an unfair advantage to a player and are prohibited. We both warn and promise players that we have a strict policy towards the use of prohibited programs. We have a zero-tolerance policy in effect against "poker bot" usage, collusion and other forms of cheating.
We want to keep our games fair for everyone and will take necessary measures to ensure this. For this reason, we reserve the right to change this policy at any time and at our own discretion.
We believe that players who use automated "poker bot" programs to make decisions or take actions on their behalf in games are cheating. All players must be comfortable and secure that they are technologically equal in our card room. To ensure this, we have banned the use of these programs. To be clear, players are prohibited from operating these programs or allowing these programs to operate while logged into their accounts. This prohibition includes all games, including tournaments and ring games, for all currencies, including real money and play money.
Only humans are permitted to play on our site. Artificially-intelligent programs, processes, applications and all other forms of software and hardware – including "Poker Bots" or "Auto Folders" – are prohibited from making game decisions or taking game action on our site, either under their own auspices or under the supervision of a human.
Fair and unfair advantage
Through analysis of hand histories, players can learn about patterns, strengths and weaknesses in their game play (and that of their opponents), and determine areas for improvement. We provide comprehensive hand history statistics in our software, but recognize some players want more specific details than that.
Programs that aggregate hand histories to profile a player's own play and/or the play of opponent players at the same poker table are allowed.
PokerTracker and Texas Calculatem, for example, are programs that provide detailed statistical analysis of hand histories for beneficial review. As well as personal game play analysis, these programs also compile and profile a player's opponents' play. This is similar to how a meticulous player might use our "Player Notes" feature after every hand to compile their own profiles on opponents. As such, these programs are allowed.
Conversely, programs that use statistics not collected by the player himself/herself through ordinary, fair game play, are not allowed. Programs that share data are not allowed. Further, we do not allow players to collude, share hole card information or team up against other players. We also prohibit the use of any software program that facilitates the sharing of this information or player profiles.
PokerEdge and CardAnalyzer, for example, are programs that compile player profiles in a database and then sell subscription access to their systems. These programs allow players to access profile information on players they have never played against, and we believe this provides an unfair advantage. As such, these programs are prohibited.
Acceptable programs include, but are not limited to:
- PokerAce Heads Up
- Texas Calculatem
Prohibited programs include, but are not limited to:
Supervision and sanctions
We currently have sophisticated processes in place to detect and prevent the use of prohibited programs. This technology is an extension of our anti-collusion security systems, and is deeply integrated with multiple tiers of our client and server architecture.
It is in our collective interest to ensure the safety and integrity of the game and this is part of the security we offer all our players.
We reserve the right to close accounts, seize funds and ban players from playing at PokerLoco for using prohibited programs or cheating.
If you are considering using a program that is not on this list, please e-mail support with information about the program, including its name and a URL where we can find it. After we review it, we will make a decision about whether or not it is allowed.
13. SOFTWARE LICENSE
PokerLoco is powered by MPN Network by Microgaming. PokerLoco has been granted a gaming licence in Curacao with licence number 8048/JAZ is an approved operator for poker and casino under this licence. The poker software is protected by copyright laws and international copyright treaties. All rights, including ownership rights and all intellectual property rights, in and to the poker software and related documentation and trademarks shall remain in MPN and/or its licensors and suppliers. Without prejudice to other clauses of this Agreement, your right to use the poker software will terminate automatically and immediately if you fail to comply with this Agreement. Upon termination, You must immediately stop using the poker software and you must delete all copies of the poker software. If the poker software is provided to you under a limited "trial period" or similar, your right to use the poker software will automatically terminate upon expiry of the applicable trial period and you must then immediately stop using the poker software and delete all copies of the poker software. You expressly acknowledge that the poker software may include functionality that will enable its licensor to disable your use of the poker software in case of your breach of this Agreement and/or that will automatically disable your use of the poker software upon expiry of any trial period.
14. MAP – MULTI ACCOUNT POLICY
MPN Network allows players to register accounts with multiple Network Operators, but has the policy that an individual may only register and play for any single tournament from one of these accounts.
Any player who plays in a tournament from multiple player accounts will be in violation of this Multi Account Policy (MAP) and suffer the following consequences:
- They will be disqualified from a tournament in-progress if the violation is detected in real-time.
- All money in all their player accounts with Microgaming Network operators will be confiscated, and the accounts closed.
- They will be permanently banned from playing on Microgaming Network.
When these banned players are caught, their money will be confiscated and their account closed.
At MPN's discretion, tournament pay-outs (the distribution of tournament prize monies to winners) can be held for up to 14 days if an investigation is required (though we will try to conclude all investigations within 72 hours). Investigations are predicated on automatic processes and manual checks conducted by separate support and security teams both during and after tournaments.
Where an investigation determines there is or has been a violation of the MAP, all accounts suspected of being involved may be frozen for the duration of the investigation. This means that players will not be able to log in or play, and they will not be able to withdraw or transfer funds. We recognize that this will be an inconvenience and we regret that this may affect innocent players.
Where an investigation requires that tournament pay-outs be held pending distribution to winners, MPN will endeavour to communicate this to all players involved shortly after the tournament concludes.
MPN has the policy of not sharing the results of its investigations. However, where appropriate, both the results and actions being taken will be made available to players through Ongame Network Operators' websites. If prizes need to be redistributed, this information will be provided directly to players.
MPN recognizes that it is critically important to provide safe gaming for all our players, and to ensure that our card room is fair. We go to great lengths to eliminate all unfair advantages and are removing the potential advantage provided by using multiple accounts to register for a tournament.
We also want to be clear that cheating of any kind will absolutely not be tolerated.
15. TOURNAMENT COLLUSION REFUND POLICY
This Tournament Collusion Refund Policy is an attachment to the PokerLoco Terms of Service and MPN's Multi Account Policy. As such it cannot be reviewed as a stand-alone policy nor does it overrule these documents in case of confliction. Please read through the above two documents before proceeding.
This Tournament Collusion Refund Policy covers PokerLoco accounts and PokerLoco accounts only. Accounts affiliated with other operators within the network will not benefit from it.
This Tournament Collusion Refund Policy details reimbursement rules in cases of confirmed tournament collusion. The punitive measures enforced upon caught colluders – although mentioned – are regulated by the MAP.
This Tournament Collusion Refund Policy has been engineered to provide just treatment in the case of cheating being determined in tournaments. All decisions will be made by PokerLoco and cannot be overruled. Detailed information regarding investigations and the investigations made by the Microgaming Network Security Team – will be released at the investigators' discretion.
The Tournament Collusion Refund Policy deals with three separate types of tournament collusion; checkdowns, chip dumping and co-op play (multi-accounting).
Checking down can occur when two or more players call an all-in player. On PokerLoco it is against the rules and ethics of the game of poker to expressively agree upon this conduct.
Equally it is against the rules to suggest such an action. However, merely suggesting it does not equate collusion.
Players found guilty of verbally agreeing to not play each other in a hand with the explicit intent of maximizing the chance of eliminating a third player will receive a warning. Repeat offenders risk having their prize money confiscated.
Tournament chip dumping is defined as a situation where one player purposely loses chips to another player with the sole intent of increasing their combined chances of winning prize money. Chip Dumping will incur a permanent ban of all involved accounts and the forfeit of the total value of prize money.
Co-op Play (multi-accounting)
Co-op play is defined as situations where one or more players enter a total of two or more accounts into a tournament (scheduled or Sit ' Go) and are sharing, or attempting to share, information about hands or players between them. Sharing information includes playing the accounts from the same computer, using online messaging services or any other form of off- or online communication.
All Co-op play accounts will be permanently banned and risk, based on the MAP, having their prize money and their entire bankroll confiscated. In all cases of multi-account collusion a full investigation of related accounts will also be initiated. The individuals behind all caught accounts are not welcome to play on PokerLoco under any circumstances.
16. DORMANT ACCOUNT
As from the 1st October 2012 all accounts that are inactive for a period of 13 (thirteen) months a fee of €10 will be charged to the respective inactive account. This will be charged on a monthly basis until there is activity in the players' respective account. Pokerloco may refund back charges taken from a maximum of 3 months if requested by player and player makes a deposit to proof activity in said account.