These Terms of Service constitute a legal agreement (the "Agreement") between you (the "Player") and ElectraWorks (Malta) Plc ("bwin" or "bwin.es"). Please read the following Terms of Service before accessing bwin or using real money with the software (the "Software").
- 1.1. When the Player creates a poker account with bwin.es, a nickname must be chosen.
- 1.2. The Player certifies that when asked to choose a nickname, the Player will not choose a nickname which may falsely represent the Player as somebody else or a nickname which may otherwise be in violation of the rights of a third party.
- 1.2.1. bwin reserves the right to disallow the use of nicknames that bwin, at the sole discretion of bwin, deems inappropriate. bwin reserves the right to cancel at any time the poker account of any Player who uses their selected nickname in violation of these Terms of Service, the applicable law or in any other way we, at the sole discretion of bwin, deem inappropriate.
- 1.2.2. The Player is responsible for all activities that occur under the Player's nickname. The Player is fully responsible for any unauthorized use of the Player's registered email address that may result in another person getting access to the Player's nickname.
- 1.2.3. The Player ensures that they will exit the Player's poker account at the end of each session. The Player is liable and responsible for any unauthorized use of the Player's poker account, even if the Player uses the auto login feature provided by bwin, up and until the Player notifies bwin's customer support by telephone regarding unauthorized use and confirms the notification from the Player's registered e-mail address. The Player indemnifies bwin against all activities conducted through the Player's account.
- 1.3. bwin reserves the right to publish and use the Player's nickname in web articles, promotions, blogs or other format to promote a winning or other game event.
- 2.1. Any form of fraudulent activity on bwin.es, as determined at the sole discretion of bwin, is strictly prohibited. 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 registration data or other requested information. In addition to any other remedies provided under these Terms of Service, bwin may pursue claims for criminal prosecution and/or civil damages for any fraudulent activities.
- 2.2. The Player agrees not to attempt to exploit any error, virus, bug, defect or inconsistency ("Bug") found in the Software, to the Player's advantage, or to the disadvantage of other players, at any time. Furthermore, the Player agrees to report any such Bug to customer service immediately upon discovery of the same.
- 2.3. Any form of cheating on bwin.es, at the sole discretion of bwin, is strictly prohibited. Cheating includes any form of manipulation of the outcome of the hand or game, so that the odds of winning are changed to the favor of the Player. In particular, and without limitation, cheating includes any form of 'collusion' as that term is commonly understood in the industry. In addition to any other remedies provided under these Terms of Service, bwin may pursue claims for criminal prosecution and/or civil damages for any form of cheating.
- 2.4. The use of any software program which facilitates artificial intelligence, such as poker bots, is strictly prohibited. Prohibited software may include software which allows opponent profiling, player collusion or any other program which bwin considers allowing the Player to cheat or gives the Player an unjust advantage over another player. bwin may take action or procure that action is taken in order to detect and prevent the use by the Player of such software, including, but not limited to, reading the list of currently running programs on the Player's computer. For further information, see the Prohibited Program Policy.
- 2.5. bwin reserves the right to confiscate any funds from a Player's account, and return confiscated funds to its rightful owner, in the case of fraudulent activity or cheating of any form by a Player.
- 2.6. bwin is committed to fair play and to combating fraudulent activity, and has zero tolerance towards inappropriate play and fraudulent activity. Any player involved in any form of suspected fraudulent activity will be reported to the appropriate authorities.
- 2.7. bwin has the right to close any game at any time or remove a Player for a time period to be determined by bwin in the event of a violation or suspicion of violation of these Terms & Service.
- 2.8. Only one real money account is allowed per customer. No person is allowed to maintain more than one account. For further information see the Multi Account Policy. bwin reserves the right to request a photocopy of a government-issued ID or its equivalent, in order to verify the Player's identification. If a Player opens more than one account, bwin reserves the right to block play for all the Player's accounts except one remaining account.
- 3.1. For tournaments provided by bwin, the following general rules and guidelines apply in addition to these Terms of Service:
- 3.2. For certain tournaments, special rules may apply in addition to these Terms of Service and the general tournament rules, as posted from time to time at bwin.es in connection with such tournaments.
- 4.1. Unless otherwise explicitly stated, bwin.es does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to bwin.es shall be deemed to be readily accessible to the general public. Players should not use bwin.es to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered at bwin.es can and may be read by the agents and operators of this service, regardless of whether or not they are the intended recipients of such messages.
- 4.2. bwin.es provides certain services for chat between players. The use of such services is subject to the guidelines.
When using the chat service, all users are prohibited from:
- 4.2.1. publishing data, texts, images, files, links, software, or any other content bwin in particular deems illegal, harmful, threatening, abusive, harassing, slanderous, vulgar, obscene, hate-inciting, racist or in other ways objectionable;
- 4.2.2. harming minors in any way;
- 4.2.3. passing themselves off as another Player in the chat rooms;
- 4.2.4. entering, publishing, transmitting content if the user is not authorized to pass on this content;
- 4.2.5. entering, publishing, transmitting content if this violates the rights of third parties, particularly patents, trademarks, copyrights, business secrets or other ownership rights;
- 4.2.6. entering, publishing, disseminating or naming in any other way any advertisement, promotion material or other information/news if it promotes other providers of poker, sports bets and/or games in the chat rooms;
- 4.2.7. using the chat service for commercial purposes;
- 4.2.8. entering, publishing, transmitting material or any other content if it contains software viruses or other information, files or programs designed or apt to interrupt, destroy or restrict the functioning of the computer software and hardware or of telecommunication systems;
- 4.2.9. hampering the technical performance of the chat service or from interrupting the ordinary process of communication or in any way impairing the possibility of other users to communicate in real time;
- 4.2.10. accessing the servers or networks linked to the chat service or interrupting these or not complying with regulations, processes or other rules of the networks associated with the chat service;
- 4.2.11. harassing, threatening, slandering, importuning, or embarrassing anyone, be it a natural or legal person or personality, or cause this person inconveniences of any kind.
- 4.3. Only the English language may be written using chat.
- 4.4. If the Player breaches these Terms and Conditions, bwin may temporary block or permanently ban the Player from using the chat service.
- 4.5. The Player acknowledges and agrees to bwin.es using means for preventing and removing content posted, including, but not limited to, content that is unlawful, harmful, threatening, abusive or otherwise inappropriate or objectionable.
5.1. System FailureIn the event of a server crash or system failure that removes all players from the table or prevents the hand from continuing, the hand will be considered dead (void) and all effected players will have their funds returned.
5.2. Connection IssuesAll players are personally responsible for the stability of their Internet connections. bwin.es is not liable for any losses, which may occur in this context. All-in protection is not available for no-limit and pot-limit table. Should the Player's Internet connection drop, the Player will be given extra time to make a move. If the Player still can not reconnect and resume play within the extra time, the Player's cards will stay in the hand as long as the opponent(s) does not raise the pot. Not acting in time while connected will however automatically check/fold the Player's hand. bwin.es's system will detect if the Player has an actual connection problem or if the Player simply isn't acting in time. For details about connection issues in tournament see Tournament Rules.
The rake is an amount of money taken by the house from all players as a payment to play at the table. This rule applies regardless of whether real money is used, to make the game more realistic. However, if there is no flop, or if fourth street in stud games is not reached, no rake will be taken from the pot (no flop no drop policy).
Rake structure on bwin.es:
|Cash Games Fixed Limit|
|Limits||Number of players||Rake/Size of Pot||Maximum|
|250/500 €||2-3||1 € per 75 €||3 €|
|4-10||1 € per 75 €||5 €|
|50/100 €||2-3||1 € per 75 €||3 €|
|4-10||1 € per 75 €||5 €|
|15/30 € a 30/60 €||2||0,50 € per 15 €||2 €|
|3-4||1 € per 15 €||3 €|
|5-10||1 € per 15 €||4 €|
|5/10 € & 10/20 €||2||0,50 € per 7,50 €||2 €|
|3-4||0,50 € per 7,50 €||3 €|
|5-10||0,50 € per 7,50 €||4 €|
|3/6 €||2||0,50 € per 7,50 €||2 €|
|3-4||0,50 € per 7,50 €||3 €|
|5-10||0,50 € per 7,50 €||4 €|
|2/4 €||2||0,25 € per 3,75 €||2 €|
|3-4||0,25 € per 3,75 €||3 €|
|5-10||0,25 € per 3,75 €||4 €|
|1/2 €||2-10||0,05 € per 0,75 €||2 €|
|0,25/0,50 € & 0,50/1 €||2-10||0,05 € per 0,75 €||2 €|
|0,10/0,20 € & 0,15/0,30 €||2-10||0,01 € per 0,15 €||1 €|
|0,02/0,04 € & 0,05/0,10 €||2-10||0,01 € per 0,15 €||1 €|
|Cash Games (heads-up)|
|Limits||Number of players||Rake/Size of Pot||Maximum|
|All||2||0,05 € per 0,75 €||2 €|
|Cash Games Pot-Limit & No-Limit|
|Blinds||Number of players||Rake/Size of Pot||
|15/30 € +||2-3||0,05 € per 0,75 €||3 €|
|4-10||0,05 € per 0,75 €||5 €|
|0,10/0,25 & 10/20 €||2||0,01 € per 0,15 €||2 €|
|3-4||0,01 € per 0,15 €||3 €|
|5-10||0,01 € per 0,15 €||4 €|
|0,01/0,02 € & 0,05/0,10 €||2-10||0,01 € por 0,15 €||2 €|
The structure is based on stake level and the maximum rake is based on the number of players.
7.1. Prohibited Program Policy
7.1.1. 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 bwin.es.
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.
7.1.2. Poker Bots
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.
7.1.3. 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.
Examples of acceptable programs
Acceptable programs include, but are not limited to:
- PokerAce Heads Up
- Texas Calculatem
Examples of prohibited programs
Prohibited programs include, but are not limited to:
7.1.4. 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 bwin.es for using prohibited programs or cheating.
7.1.5. More Information
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.
Poker on bwin.es is powered by Ongame Network Ltd ("Ongame Network") which operates one of the world's largest poker networks. Ongame Network allows players to register accounts with multiple Ongame Network operators, such as bwin, but has the policy that an individual may only register 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 policy 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 Ongame Network operators will be confiscated, and the accounts closed.
- They will be permanently banned from playing on Ongame Network.
When these banned players are caught, their money will be confiscated and their account closed.
At the Network'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 serious problem, 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, we will endeavour to communicate this to all players involved shortly after the tournament concludes.
Ongame Network 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 our Operators' websites. If prizes need to be redistributed, this information will be provided directly to players.
Ongame Network 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. Note that we are advised by David Sklansky in respect to preventing various forms of collusion, and appreciate his expertise.
We also want to be clear that cheating of any kind will absolutely not be tolerated.
This refund policy is an attachment to the bwin Terms of Service and the Ongame Network MTT 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 Refund Policy covers bwin.es accounts and bwin.es accounts only. Accounts affiliated with other operators within the network will not benefit from it.
This Refund Policy details reimbursement rules in cases of confirmed tournament collusion. The punitive measures enforced upon caught colluders - although mentioned - are regulated by the Ongame Network multi-account Policy.
This policy has been engineered to provide just treatment in the case of cheating being determined in tournaments. All decisions will be made by bwin and cannot be overruled. Detailed information regarding our investigations – and the investigations made by the Ongame Network Security Team - will be released at our discretion.
The 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 bwin.es 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 any prize money forfeited.
7.3.2. Chip Dumping
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 all the total value of prize money.
7.3.3. 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-n-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 Ongame Network multi-account policy, having their prize money and their entire bankroll ceased. In all cases of multi-account collusion we will also initiate a full investigation into related accounts. The individuals behind all caught accounts are not welcome to play on bwin.es under any circumstances.
220.127.116.11. The Player participates in a live tournament as a member of the bwin team
18.104.22.168. The Player may not cash in a live tournament ticket for a cash prize.
22.214.171.124. These Live Team Event Conditions may be superseded by specific live tournament rules provided by the live tournament organizer. If any provision of these Live Team Event Conditions is superseded by a live tournament rule, the remaining provisions of these Live Team Event Conditions shall remain in full effect.
7.4.2. Substitution Tournament
126.96.36.199. If the Player is not able to participate in a specific live tournament, bwin may provide the Player an opportunity to participate in an alternative live tournament of equal or lesser value. Should bwin, at its sole discretion, deem the alternative live tournament to be of lesser value, the Player will receive the buy-in value difference in cash. If no suitable alternative live tournament is available, the prize package may be forfeited.
188.8.131.52. If bwin is not able to send the Player to a live tournament due to reasons beyond reasonable control of bwin or due to reasons associated with the purpose of sending the Player to the live tournament, the Player will be provided with the opportunity to participate in an alternative live tournament.
184.108.40.206. Any substitution live tournament is decided by bwin at its sole discretion.
220.127.116.11. bwin may, at its discretion, decide not to send a team to a live tournament. bwin shall notify the Player at least two (2) weeks prior to the start of the live tournament setting out the reason(s) for the non-participation. bwin shall also provide the opportunity to participate in an alternate live tournament.
18.104.22.168. If the Player is sent to an alternative live tournament, bwin may not be held liable for any costs, loss or damage incurred as a result thereof.
7.4.3. Tournament related costs
As a Player member of the bwin team, the following costs related to a live tournament will be covered by bwin:
- Tournament buy-in: bwin will cover the cost for the tournament buy-in.
- Travel allowance and spending money: bwin will cover travel costs and provide spending money to the Player. The amount paid will be communicated through a representative of bwin and will be paid to the Player before departure to a live tournament. The amount shall cover any costs and expenses that the Player has during the stay at the location of a live tournament. The amount will be credited to the Player's account at bwin.es.
- Hotel accommodation bwin will cover the costs for hotel accommodation. Any additional costs, e.g. meals, room service, telephone calls, etc. are the sole responsibility of the Player.
22.214.171.124. When participating in a live tournament, or in any surrounding event, the Player shall wear bwin clothing fully visible at all time, unless the tournament organisers expressly prohibit such displays.
126.96.36.199. In connection with participating in a live tournament, the Player agrees to be interviewed and/or engaged by public relations companies on behalf of bwin. This may include, but is not limited to, being interviewed by the bwin crew on a daily basis and providing any additional information of interest for the reporting on any bwin site. bwin owns the exclusive right to copy, reproduce and use all or part of the result from interviews or engagements, including photos and videos of the Player. The Player waives the right to inspect and approve such use.
188.8.131.52. If interviewed in connection with a live tournament by a third party, the Player shall mention that the Player has qualified for the live tournament by playing at bwin.es, unless the tournament organisers expressly prohibit such communication.
184.108.40.206. The Player is aware and agrees that bwin may use images and videos of the Player as well as the Player's real name and nickname on any bwin site in connection with the reporting of a live tournament.
220.127.116.11. bwin may provide compensation for additional activities following the end of a live tournament which the Player may be asked to participate in. Any activities outside a live tournament period are subject to the prior approval of the Player.
18.104.22.168. If the Player fails to fulfil the obligations stated in this contract, the Player will be banned from future bwin team events, including qualifying events and live events. bwin will notify the Player in writing about a ban and the consequences of such ban.
22.214.171.124. Should a banned Player participate and win a prize in a qualifying event, the prize will be forfeited.
7.4.5. Additional activities
bwin may organize additional activities during the time a live tournament is running. bwin is not responsible in any way whatsoever for anything that may happen to the Player during these activities. The Player is always responsible for personal safety and should act accordingly. This applies during the whole time the Player is acting as a member of the bwin Team.
7.4.6. Value of the prize
The estimated total prize stated on bwin.es can only be guaranteed to a Player that is participating in all extra-curricular activities. bwin cannot be held responsible if the Player decides not to participate or is prevented from participating due to personal reasons or tournament play.
126.96.36.199. In the case of any disputes regarding any Terms and Conditions of the bwin prize package, the decision of bwin shall be final and binding upon the parties.
188.8.131.52. The Player must be of legal age of majority in order to participate in a live tournament and it is the sole responsibility of the Player to provide verification of age. Documentation verifying age may be requested by bwin at any time.
184.108.40.206. It is the sole responsibility of the Player to hold any travel visa or any other conditions, such as immunisations, etc. that are required for the Player to enter the country/region in which a live tournament takes place.
220.127.116.11. The Player is required to bring a credit or debit card in order to gain access to the accommodation. Failure to do so will mean alternative, potentially inferior accommodation will need to be arranged by bwin. All extra and associated costs in the event of such relocation shall be carried by the Player.
18.104.22.168. The Player is individually responsible for any taxes associated with the winning of the price.
7.5. End user license agreement (EULA)
7.5.1. Notice to user
This is a legal contract between you ("You" or "User") and ElectraWorks (Malta) Plc. ("Licensor") concerning the software client ("Client Software") and the server software ("Server Software"), collectively the "Software". By downloading the Client Software through clicking on the "I agree button", or by exercising any of your rights hereunder, You are consenting to be bound by all terms and conditions of this End-User License Agreement ("Agreement"). If You do not agree to all terms and conditions of this Agreement, You may not proceed to download the Client Software.
7.5.2. License grant
Licensor hereby grants to You a non-exclusive, personal and non-transferable license to use the Client Software and any enhancements, improvements, updates or bug fixes thereto provided to You by Licensor or an authorized distributor of Licensor in machine executable object code form on the terms set forth below and to access the Server Software only through operation of the Client Software.
You may use the Client Software on any single server computer and make one (1) copy of the Client Software for back-up and archival purposes, provided that any copy must contain all of the original software's proprietary notices. Commercial use of the Client Software is strictly forbidden. You are only allowed to wager for Your personal entertainment. You acknowledge and agree that Your use of the Software is in a strictly personal (and not professional) capacity. Prior to any participation at www.bwin.es., You are solely responsible to inform yourself of any and all laws and regulations on gambling which apply in the jurisdiction where the Software is used in order to determine any restrictions that may apply to You and to act in accordance with such restrictions. You agree and acknowledge you have reached the age of 18 or any higher legal age which may apply in Your jurisdiction under any laws and regulations on gambling.
You may not modify, alter, translate, reverse engineer, decompile, disassemble (except to the extent applicable statutory laws specifically prohibit such restriction) or otherwise attempt to derive the source code of the Software, or create derivative works based on the Software, copy the Software (except as specified above), sell, rent, lease, sublicense, distribute or otherwise transfer the Software or any rights thereto, or remove any proprietary notices or labels on the Software, or use the Software in any multi-user, network, or multiple computer environment or in any time-sharing or computer service business, or permit or enable any third parties to use the Software or do any of the foregoing acts.
The Server Software runs on a remote computer. You will not have access to the Server Software, except through the means provided via the operation of the Client Software. You must identify yourself to the Software via an unique player identification ("Player-ID") and a secret password ("Password") which shall be known only to you. You acknowledge and agree that You are solely responsible for all use of the Software through your Player-ID and Password. You are obliged to keep Your Player-ID and Password secret and confidential. Any unauthorized use of the Player-ID or Password shall be your sole responsibility and shall be deemed as your use. Any liability arising from any such unauthorized use shall be yours.
7.5.4. Disclaimer of warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED UNDER APPLICABLE STATUTORY LAW, LICENSOR, ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING THE SOFTWARE. NEITHER LICENSOR NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY OR RELIABILITY, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AND ALL COST AND LIABILITY AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ITS USE IS ASSUMED BY YOU. THE ABOVE EXCLUSIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS.
7.5.5. Limitation of liability
LICENSOR'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR OTHERWISE RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE OR FIFTY (50) US DOLLARS, WHICHEVER IS LOWER. TO THE EXTENT PERMITTED UNDER APPLICABLE STATUTORY LAW, IN NO EVENT WILL LICENSOR OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, AND ANY OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSOR OR ITS LICENSORS OR SUPPLIERS OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL NOT AFFECT YOUR STATUTORY RIGHTS.
The Software is protected by copyright laws and international copyright treaties. All rights, including ownership rights and all intellectual property rights, in and to the Software and related documentation and trademarks shall remain in Licensor and/or its licensors and suppliers.
This Agreement, including all of Your right to use the Software, will terminate automatically and immediately if You fail to comply with this Agreement. Upon termination, You must immediately stop using the Software and You must delete all copies of the Software. If the Software is provided to You under a limited "trial period" or similar, your right to use the Software will automatically terminate upon expiry of the applicable trial period and You must then immediately stop using the Software and delete all copies of the Software. You expressly acknowledge and agree that Licensor may have included in the Software functionality that will enable Licensor to disable your use of the Software in case of Your breach of this Agreement and/or that will automatically disable your use of the Software upon expiry of any trial period.
7.5.8. Entire agreement and amendments
This Agreement represents the complete agreement between You and Licensor concerning the subject matter hereof. Licensor reserves the right to amend this Agreement at any time at Licensor's sole discretion, by posting a new version of the Agreement on the website www.bwin.es, in which case You will be required to agree to such new terms and conditions in order to continue Your use of the Software. You acknowledge and agree that Licensor may disable your use of the Software in case you do not agree to such revised terms and conditions.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
7.5.10. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the substantive laws of Gibraltar without reference to its conflict of law principles. Any dispute arising out of this Agreement shall be settled by the courts of Gibraltar and the parties hereby irrevocably submit to the exclusive jurisdiction of such courts.