Terms and Conditions

1. Introduction

Performance Gaming Limited (“Performance Gaming”) and all entities that are controlled by Performance Gaming are collectively referred to herein as “we”, “us” or “our”.

Please read these terms of use before engaging in the content of any Performance Gaming website. By using any Performance Gaming site, you agree to the terms of use set out in this document.

If you do not agree to be bound by these terms of use you may not use Performance Gaming sites.

We reserve the right to add, change, delete or modify any section of these terms of use, at our sole discretion, with the procedures set out in the section labelled “Amendment”.

2. Consideration

By continuing to use our sites, you acknowledge that these terms of use are supported by reasonable consideration. You acknowledge that, without limitation, such consideration is inclusive of your use of the Performance Gaming sites, receipt of data from us, materials, data or information available through our sites, the potentiality of our use, and display or review of your submissions as defined below in the section labelled “Submissions”.

3. Restrictions On Use Of Material

Copyright

All information held within Performance Gaming sites are our copyrighted property and/or the property of our licensors and licensees.

Trademarks

All trademarks or trade names are proprietary to Performance Gaming and/or the aforementioned licensors or licensees. No information by us may be copied, republished, distributed or reproduced in any way.

Personal Use

Performance Gaming sites are only for your personal use. Any business use of our sites is strictly prohibited. You may not use our sites in a way that is unlawful or causes harm to another person or entity.

Submissions

Submissions

If you send us unsolicited submissions, either intentionally or unintentionally, through your engagement with a Performance Gaming site, including but not limited to content or materials, text, data, text, images, videos, audio, audiovisual and/or other biographical information or material that could be collectively referred to as user generated content, we and our authorised agents shall be allowed to use this content in an unrestricted way.

If there is any ambiguity around the constitution of user generated content, such content shall be deemed a submission under the terms of use. Submissions are not made in trust of confidentiality, nor are they made to create a fiduciary relationship between you and us.

4. Security

You agree to promptly notify us, using the form located on the corporate pages, of any breach of security that you become aware of involving any Performance Gaming site. We disclaim liability for any losses or damage arising from your failure to comply with this section.

5. Site Rules

The following is a list of site rules that are applicable on Performance Gaming websites. By using our sites, you agree that:

  • You will not use any product and/or service available to you on any Performance Gaming site for commercial purposes of any kind;
  • You will not distribute, post, upload, submit or make available in any other way any computer files or software that contain a virus or a similar harmful component which may impair or damage a Performance Gaming site or otherwise impair or damage the usability of Performance Gaming sites for other users;
  • You will not misrepresent your identity or impersonate any person by using their biographical information or likeness;
  • You will not engage in disruptive behaviour on our sites;
  • You will not alter any disclaimers, copyright or trademark notices or legal notices that you do not have express permission to alter;
  • You will not engage in any criminal activity or conspire to commit any criminal activity.

We cannot assure that other users will comply with our site rules or other provisions within these terms. By using our sites, you hereby assume all risk resulting in lack of compliance.

Where we ask you to submit your e-mail address or phone number you must, and you hereby agree to offer your real e-mail address or real phone number.

Content Removal Rights

We reserve the right (but disclaim any responsibility) to remove any content generated by users of this site. We reserve the right to comply with any order by law enforcement officials in relation to the identification of any user, alleged to be using our sites in violation of the law which may include us turning over content and other submissions to law enforcement officials.

Content Linked From Performance Gaming Sites

When you are on a Performance Gaming site you may be directed to other sites beyond our control and outside our service. For example, if you click on a “Play Now” button, you will be taken off the Performance Gaming site and on to a service controlled by one of our B2B marketing partners. You acknowledge that when you click a link, you leave our site and are subject to different terms of use and privacy policies on the sites that are owned and operated by that partner, independently of Performance Gaming . We cannot be held responsible for the legality of the material contained in sites listed in our comparison sites or otherwise linked to Performance Gaming sites.

Disclaimer

The content, information and all data that constitute materials on Performance Gaming sites are provided without warranties of any kind. To the fullest permissible extent within applicable law, we disclaim all warranties. We do not warrant that our information will be error free or guarantee that they will not be outdated or contain harmful materials, viruses or similar components. You assume the cost of any and all issues arising from engagement with our sites.

We explicitly disclaim responsibility for the accuracy of information found on our sites. We cannot ensure your satisfaction with any product or service that you engage in upon leaving our sites or from a third party linked to from within our sites. You hereby waive any claim against us with respect to information contained within our sites or on third party sites linked to from our sites.

We advise you to investigate appropriately the entity with which you may transact on any of these third-party sites.

Indemnification

You hereby agree to indemnify and hold us harmless from and against any and all losses accrued by access to our sites.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU, ANY PERSON, ANY ENTITY FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSSES , THAT RESULT FROM THE USE OF ANY PERFORMANCE GAMING SITE OR MATERIALS.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR CONNECTED PARTIES BE HELD LIABLE FOR ANY DEEMED FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL OR AN ACT OF FORCE MAJEURE INCLUDING BUT NOT LIMITED TO EQUIPMENT, POWER AND/OR TECHNICAL FAILURES, DISPUTES, DISTURBANCES, ACTS OF GOD, WAR OR NATURAL DISASTERS, GOVERNMENTAL ACTIONS OR ORDERS BY FOREIGN COURTS.

YOU FURTHER AGREE THAT NEITHER WE NOR ANY ENTITY RELATED TO US ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITES AND ANY THIRD-PARTY SITE INCLUDING BUT NOT EXHAUSTIVE TO OUR OPERATOR PARTNERS OR FOR DELAYS YOU EXPERIENCE WITH TRANSACTIONS RELATING TO OUR SITES. THE LIMITATIONS IN THIS SECTION AND IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Jurisdictional and Venue Issues

You agree that any action at law arising out of these terms shall be filed in Irish courts.

We make no representation that information on any Performance Gaming site is appropriate or available for use in any particular location. Those who choose to access our sites do so taking responsibility for compliance with applicable laws in their local jurisdiction.

8. Amendment

We reserve the right to change these terms at any point without notice. You as a user should regularly check these terms for changes.

Termination

These terms are in effect until terminated by either party. The parties to these terms are Performance Gaming Media and You.

You may terminate these terms at any time by not using Performance Gaming sites and destroying our materials accessed through Performance Gaming sites.

With respect to you, we may terminate these terms without notice at our sole discretion. In this case we ask that you cease to use Performance Gaming sites.

General Provisions

These terms of use shall be construed in accordance with the laws of Ireland. If any provision found within these terms shall be deemed to be unlawful or otherwise unenforceable, then that individual provision shall be deemed to be severable from these terms as a whole and shall not affect the validity and enforceability of the remaining provisions found within these terms.

No waiver of a provision within these terms shall be deemed to constitute a further waiver of that provision or another provision. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO A PERFORMANCE GAMING SITE MUST COMMENCE WITHIN 1 YEAR OF THE CAUSE OF ACTION OTHERWISE THIS CAUSE OF ACTION WILL BE BARRED.

Language Versions

If there is a discrepancy between the English language version of this policy and any other language version of this policy the English language version shall prevail.