PKC Terms of Use

Before you (“User” or “you”) use PKC products, you should read these Terms of Use (hereinafter referred to as “Agreement”). The full text follows below.
Once an agreement has been concluded, you recognize the brand owned and controlled by PKC.

Please note that this Agreement constitutes a legally binding agreement between you and The PKC “Real Money” game. You are subject to the terms and conditions set out below for playing real currency and free-to-play games.
You agree to our terms
Upon installation of the software and using the software (as defined below), you accept the terms and conditions of this Agreement, our privacy policies, poker rules, and rules of the game (updated from time to time). The most recently revised version of this Agreement and our privacy policies, poker rules and rules of the game prevail.

Our software
Within the scope of this Agreement, “Software” means any software we provide to you through any media, whether or not you can download to your end-user device.
Therefore, the Software includes www.pokerking.club (collectively, the “Site”) and any other software we provide to your devices (include, but are not limited to, mobile phones, PDAs, tablets, or any other type of portable or mobile device that is available or will be invented on the market) (each referred to as “devices”). Software also includes mobile software and all ancillary software for the software.

1. Licensing/Intellectual Property
1.1
Subject to the terms and conditions contained in this Agreement, PKC grants the User non-exclusive, personal, non-transferable rights to the user to install and use the Software on the device (as appropriate) to access the PKC server to Play Real Money Games and Free-to Play (“Games”) (Software and Games, are hereinafter referred to as “Services”).
1.2
PKC allows you to use the software personally, for your individual use only. Please note that the services are not available to individuals (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction, and (iii) persons residing or located in a jurisdiction that prohibits the use of the Site or the Services in the jurisdiction. Us ers should verify the legality of their use of the Services in their respective jurisdictions.
1.3
We reserve the right to ask you at any time for proof of age in order to ensure that no minors use the Services and for compliance with this Agreement. We also reserve the right to temporarily or permanently cancel your account and to temporarily or permanently prohibit you from using the Services if you fail to provide proof of the appropriate age, or if we suspect that you are underage or otherwise not in compliance with this Agreement.
1.4
PKC has all rights to the Software and its code, structure, and organization, including copyright, trade secrets, intellectual property rights, and other rights. Subject to the restrictions of applicable law, you may not:

  1. copy, distribute, publish, reverse engineer, disassemble, decompile, modify, translate, or attempt to access the source code to create derivatives of the Software source code;
  2. sell, transfer, license, distribute, or lease the Software;
  3. provide the Software to third parties through a computer network or other means;
  4. export the Software to any country (physical or electronic);
  5. use the Software in ways prohibited by applicable laws and regulations.

(each referred to as “unauthorized use”).

PKC reserves all implied or other rights not expressly granted to the user in this Agreement, and reserves all rights, property rights and interests in the Software.
You agree that you are solely responsible for any damages, expenses or expenses resulting from or in connection with your unauthorized use of the Software of the Services. If you discover unauthorized use, you should notify PKC immediately and provide reasonable assistance in conducting an investigation based on the information you provide.
1.5
Any other trademarks, service marks, logos, trade names and/or domain names (the “Trademarks”) used from time to time on the Site, the Services, and/or in the Software are owned by PKC. PKC reserves all rights to the foregoing Trademarks. In addition, all content on the Site, and the Services, including, but not limited to, PKC’s software, images, images, graphics, photos, animations, videos, music, audio and text (hereinafter referred to as ” Site Content”), is copyrighted and/ or protected by other intellectual property rights. You acknowledge that you may not obtain any rights to the Site Content or any other content, trademarks, or any part of the Site by using the Services and Sites. You may not use the Site Content and/or Trademarks under any circumstances without the prior written consent of PKC .

In addition, you agree not to engage in any act that impairs or is likely to impair PKC’s rights in the Software, Trademarks, Site Content rights (including Intellectual Property) or to cause any harm to PKC and its employees, directors, officers, agents and consultants, including any harms to the image or reputation of the foregoing persons or entities.
1.6
You warrant that the names and images (such as usernames and avatars) you use in the use of the Site and Services in relation to the Site and the Services do not infringe the intellectual property, privacy or other rights of any third party. You hereby grant PKC a global, irrevocable, transferable, royalty-free, sublicensable license to use the names and images you use for the purposes of the Site and Services, subject to the Privacy Policy.

2. Disclaimer of Warranties; No Guarantee
2.1
Users expressly acknowledge and agree that use of the Services is at their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “as available” basis. Neither PKC nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third-party who provides products or services purchased from or distributed by PKC as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “PKC Providers”), warrant that Services affiliated with PKC, including, but not limited to, any contests offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PKC AND THE PKC PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PKC AND THE PKC PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PKC SERVICE, SECURITY OF THE PKC SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE PKC SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE PKC SERVICE.

NEITHER PKC NOR ANY PKC PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PKC SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE PKC SERVICE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE PKC SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER PKC NOR ANY PKC PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE PKC SERVICE (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE PKC SERVICE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED PKC REPRESENTATIVE.
2.2
We strive to provide you with a quality experience and a secure Service, but we do not guarantee that the Service will not be interrupted, that the Service will be timely and error-free, that defects will be corrected, and that the Software and Site will be free of viruses, errors or other problems.
2.3
PKC reserves the right to suspend, stop, change, cancel or expand the Services as soon as it deems necessary (e.g., but not limited to: we are aware that you have a voluntary no-gambling agreement with any gaming provider, or as required to manage, maintain or update the Software), in its absolute discretion, and to suspend, stop, change, cancel or expand the Services without notice. PKC shall not be liable for any loss arising from any such decision or action.
3. Permissions
3.1
PKC has the right to open, maintain and close user accounts on the Site. Among other reasons, we may close or suspend user accounts for the following activities, or for any other reason in our sole discretion: we have the right to close accounts for “predatory” and/or “edge-seeking” behavior that is not in line with the competitive spirit of the game (at our discretion). This includes using seat scripts, jumping seats on players for position, manipulating “sit-out” function to block seats and/or wait for VIP players, and team play and/or soft play.

Any decision of the PKC management team regarding the user’s account, service use, or dispute resolution is final and the user cannot apply for review or appeal. The account created by the user is called the PKC account. The PKC account allows you to access all sites provided by PKC in accordance with the terms of this Agreement depending on your geographic location. This agreement refers to your PKC account when it refers to “User Account” or “Account”. PKC may publish additional policies and rules related to specific services such as games, contests, sweepstakes, or other promotions. Your right to participate in such services is subject to those specific policies and this Agreement. You must follow the rules specified for all games, contests, sweepstakes and other promotions offered by PKC. Failure to follow the policies and rules may result in your being ineligible for a particular game, contest, sweepstakes or other promotions and may be in violation of this Agreement.

4. Your statements and warranties
You continue to state, warrant, promise, agree before and after your use of the Services:
4.1
The use of the Services may involve the risk of the loss of money, and PKC is not liable to compensate for such losses;
4.2
Your use of the Services is entirely from your choice and judgment, at your own risk;
4.3
To help us comply with regulatory requirements and allow you to access, and use the Software and/or Services through our website, you will need to provide certain personal details (including details about payment methods) and consent to our (or our third party representatives) access, use of your location data and/or originating from your device/ other such data, information, and information on the computer so that you can use the Services/Software. You hereby consent to our (or our third-party representatives) accessing and using such data for the purposes described above. If you do not wish to be bound by this provision, you may not use our Software and/or Services. PKC will process your personal details in accordance with the Privacy Policy;
4.4
You are responsible for any taxes associated with your winnings and awards you earn using the Services. You may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within specified days of notification. You agree that if such documents are not returned within the specified time period, or if a prize or prize notification is unclaimed or returned as undeliverable, or if you are not in compliance with the requirements of this Agreement, the prize or winnings may be forfeited. Further, you may be contacted by PKC and required to submit your residential address and tax ID number (social security number).

PKC reserves its right to request any other information from you necessary for compliance with applicable laws and regulations.
4.5
The telecommunications network and Internet access services required for your access to and use of the Services are completely beyond the control of PKC, which is not responsible for the drop-off, slow network speed, traffic restrictions or other defects.
4.6
You are over 18 years of age and of the age of majority of the jurisdiction in which you reside and use the Services. You are not currently subject to any voluntary ban on gambling on any online or mobile betting sites. If you enter into a voluntary no-gambling agreement with any gaming provider, you will notify us immediately. You are not subject to any other legal restrictions or prohibitions relating to your use of the Services.

5. Prohibited use
5.1
Software modifications. Users may not attempt to modify, disassemble, decompile, or reverse engineer the Software.
5.2
Personal use. The Services are intended for the user’s personal use only. We offer paid and free-to-play games. Users can only place bets for personal entertainment. Users must never use their “real currency account” in PKC for purposes other than the Services. When providing information to PKC , the user must provide complete and truthful information and be obliged to update the details as the details change.
5.3
Collusion. It is strictly prohibited for users to collude by sharing undercards or otherwise. Among other measures, PKC reserves the right to restrict the entry and/or prohibit users from participating in any game , including the prohibition of two or more users from joining a table or game at the same time. In addition, PKC has the right to treat collusion or attempted fraud between players (including users) as a significant breach of contract, and then to close the accounts of users who engage in or attempt to engage in such activities, with or without success, and to terminate such users’ access to the Services and confiscate the entirety of the users funds.
5.4
Foreign Aid Procedures (EPA). PKC bans foreign aid programs designed to give players an “unfair advantage.” “Unfair Advantage” means that users access or aggregate information about other players they personally cannot see during the game. Further, users are strictly forbidden to use ANY and ALL third party software. Any such use is a violation of this Agreement and will result in account closure and forfeiture of funds at PKC’s discretion. Third party software includes, but is not limited to any HUD, solver, table management service, seat script, hand tracking or data mining software, and live game play advice or decision making tool, any websites or subscription services, databases or archives. Users may also not modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software, or reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software. Further, users may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third-party for any reason. Users may not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services; or use the Services in a manner prohibited by applicable laws or regulations.
5.5
Autoplayer (robot). Artificial intelligence is strictly prohibited in the Service, including, but not limited to, “bots” or any software or tool that provides advice related to the users action or decision in the game. All user actions relating to the Services must be made by the user himself or herself using the PKC software through the user interface. Violation of this agreement will result in account closure and forfeiture of funds at our discretion.
5.6
You agree that PKC may take steps to detect and prevent users from using 3rd party software or artificial intelligence assistance or otherwise violating this Section 5. These measures include, but are not limited to, checking software programs running on the user’s computer at the same time as the PKC’s Software. You agree not to attempt to circumvent, interfere with, or block these measures, including, but not limited to, the use of third-party software that can bypass, interfere with, and block these measures.
5.7
Transfer of Chips. Users are prohibited from deliberately losing the game in order to transfer the chips to other players. Those who participate in or attempt to participate in the transfer of chips when using the Services, even those who receive funds, will be permanently prohibited from using the Service and PKC may immediately close the User’s account. At this time, PKC is under no obligation to return any funds in your user account.
5.8
Fraud. The User may not use the Services to engage in or attempt to engage in fraudulent, illegal, dishonest, or improper activities, including, but not limited to, any of the activities under article 5 or any other manipulation of the Service or the Software or to engage in any activity involving fraudulent payments (including, but not limited to, the use of stolen credit cards, fraudulent refusal of payments, or money laundering). PKC reserves the right to take such measures as it deems appropriate, including, but not limited to:

  1. Immediately blocking user access to the Services;
  2. Closing the user’s account at PKC;
  3. Confiscating funds from user accounts;
  4. Disclosing the relevant information, including the identity of the user, to financial institutions, authorities and/or any person or entity legally entitled to the information; and
  5. Taking legal action against the user.

5.9
Users can exchange funds in their accounts through the services on the device to convert currency into gold coins for use in play. (the “Currency Exchange Function”). Currency exchange functions and/or user accounts are strictly prohibited for currency trading or speculation. To avoid improper use of currency exchange functions, we reserve the right, as appropriate to:

  1. Reject or reverse currency exchange transactions made through the currency exchange function;
  2. Limit the amount of money a user holds in a user’s account and the amount of money that the user can redeem;
  3. Require users to use currency in the user’s account for playing games before they can withdraw money or use it for other purposes;

5.10
Residents of certain jurisdictions (including jurisdictions where players are required to use certain versions of game software ) are prohibited from depositing money into accounts or joining real money games (“Disabled Jurisdictions”). For the avoidance of doubt, the foregoing restrictions prohibiting real-world money games in prohibited jurisdictions also apply to the prohibition of residents or citizens of other countries within those jurisdictions.

Attempting to circumvent the foregoing restrictions in a Disabled Jurisdiction is a violation of the Agreement. Attempts to circumvent include, but are not limited to, tampering with information about the player’s location used by PKC to provide false and misleading information about location and place of residence to PKC. Other prohibited methods including use of a virtual private network (“VPN”), proxy, remote desktop, cloud computing, or any other service that attempts to, or does in fact, mask, hide or otherwise alter, conceal or manipulate in any fashion the location of a user or one who is attempting to use our Services. In the case of any such violation of this provision, we will take action, including, but not limited to, forfeiture of funds from the user’s account.

6. Withdrawal policy
6.1
Policies and standards regarding user withdrawals from user accounts. PKC has the right to determine the additional eligibility criteria that the user will be required to meet for withdrawal methods, including requirements to use a specific withdrawal method at a specific time.

7. Improper language or content
7.1
Users may not post any illegal, indecent, racist, obscene, pornographic, defamatory, defamatory, harassing, or threatening material or hate speech, or any content that may be in violation of the law (including but not limited to copyright or trademark law), when communicating with PKC staff or other players, using the chat feature, player avatar option, username, or posting on any message boards through the Services.
7.2
PKC does not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Breach of contract
8.1
Without prejudice to other rights, such as a breach of the terms of the Agreement by the user in whole or in part, PKC reserves the right to take such measures as it deems appropriate, including terminating this Agreement or other agreements with the user, immediately halting the user’s use of the Services, and closing the user’s account on the Site or other Group Sites, confiscation of all funds in the user’s account and/or legal action against the user.
8.2
For all claims, claims, liabilities, damages, losses, costs and expenses, including legal costs and any other costs, you agree to provide PKC , the Group and its shareholders, directors, and employees with full compensation to defend them from harm if:

  1. you are in full or in part in violation of this Agreement;
  2. you violate the law or the rights of third parties;
  3. You use the Services, or others use your login credentials (as defined below) to access the Services, with or without your authorization.
  4. Users further agree to indemnify, save, and hold harmless PKC from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Service, any violation by users of this Agreement, or any breach of the representations, warranties, and covenants made by users herein. PKC reserves the right, at the users’ expense, to assume the exclusive defense and control of any matter for which the users are required to indemnify PKC, and users agree to cooperate with PKC’s defense of these claims. PKC will use reasonable efforts to notify users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their PKC account or of the Service.

9. Limitations of liability.
9.1
In any case, including negligence, there is no liability to PKC for any special, incidental, direct, indirect, secondary, secondary damage (including, but not limited to, loss of business profits, business interruption, loss of business information, or other economic loss) caused by the use (or improper use) of the Services, even if PKC knew in advance that such damage could occur.

10. Account security
10.1
The user uses the unique PKC username (” PKC username”) and the unique password (hereinafter referred to as “password”) to log in to the user account with other optional digital verification methods (the PKC username, password, and other verification methods are jointly referred to as “login credentials”). Users must select the PKC username and password according to the relevant rules specified by PKC.
10.2
The user acknowledges that all use of the Services by virtue of his or her login credentials is, and remains at all times the full responsibility of the user. User shall not disclose his or her login credentials to others and may not allow others to use the Services through their user accounts.
10.3
Users must keep their login credentials confidential and try to ensure their confidentiality. If someone uses the user’s login credentials without authorization, such unauthorized use is the sole responsibility of the user and is considered to be the user’s use, and therefore the responsibility for the resulting use is borne by the user. If you believe your login credentials may have been compromised, please contact PKC customer service immediately.
10.4
Users can only have one (1) account per table for a maximum of 3 accounts in PKC and can only use their own account when using the Services. Users cannot maliciously or improperly register additional multiple accounts in PKC. If PKC discovers that the user maliciously or improperly registers more accounts, PKC may close subsequent accounts without notice and confiscate the funds in them.
10.5
Please note that the funds in your PKC account are interest-free. In other words, they do not accrue any interest.
10.6
Money in your user account may only be used for the Services. Depositing or using currency through the Service for any other reason is strictly prohibited.
10.7
You are responsible for paying in full all amounts owed to PKC. You agree not to refuse to pay or withdraw payment related to the Services. If payment is refused or withdrawn, you will compensate us for the loss we have suffered as a result.
10.8
PKC reserves the right to conduct credit and/or identity checks on users through third-party credit reference services or similar services, based on information provided by users when registering for the Services. Third-party credit reference agencies or services may retain records of information, but may not be used for other purposes. If your consent is needed for such credit verification, you agree to provide that consent, including in writing, upon request.
10.9
PKC reserves the right to entrust third-party electronic payment processors and/or financial institutions with the processing of payments you receive or make in the course of using the Services.
10.10
Online gambling may be illegal in your jurisdiction. If this is the case, you are not authorized to complete the transaction using the payment card. OUR SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

11. Controversy
11.1
User accepts that the historical data retained by PKC on its server controls concerning any disputes. In the event the poker cards shown on your local computer are inconsistent with the PKC Server Office records, the PKC records shall control and any decisions concerning winners or cards will be based on PKC’s records. User acceptance, software real-time game history ‘and “game playback” functions should not be considered official history of the game. If a user submits a complaint, please contact the customer service team at the appropriate email address below: please write to cs@pokerking.club. If you are not satisfied with the outcome of the dispute, you can contact the Philippine Government Gambling Commission: info@pagcor.ph.

12. Updates to this Agreement
12.1
PKC reserves the right to update, amend or otherwise change any part of the Agreement at any time without notice. Therefore, we encourage you to visit the Site regularly to view the most updated version of the Agreement.. Continued use of the Site shall be deemed to be proof that you agree to an amendment to the Agreement.

13. Governing law
13.1
The Agreement and its related matters shall be governed and interpreted as follows: Real Currency Games are in accordance with Philippine law. Real Currency Games are permitted under Philippine law, and all other cases shall be in accordance with Philippine law. You irrevocably agree that, subject to the following, the Philippine courts have exclusive jurisdiction over the agreement, requests, disputes, differences, and any matters resulting from the non-licensed real currency game, subject to the following. The Court has exclusive jurisdiction over any matter resulting from the licensing of real money games. You irrevocably waive your jurisdictional challenge to the aforementioned court, arguing that the action has been heard by the convenient court, or that the aforementioned court does not have jurisdiction. This provision does not affect PKC’s right to take legal action against you in other courts of competent jurisdiction. Taking legal action in one or more jurisdictions does not affect simultaneous or simultaneous action in other jurisdictions, as long as the laws of other jurisdictions permit.
13.2
We hold a legal gambling license issued by the Philippine government. PKC holds a legal gaming license authorized by PAGCOR, which is a 100% holding company of the Government of the Philippines. The agency strictly requires licensed companies to use approved software and regularly reviews the operation of each company to ensure that the gambling platform used by its customers meets the requirements of fairness and safety, and to ensure fairness between the customer and the bookmaker.
All withdrawal requests must comply with the platform’s withdrawal policy. There is no limit to one-day withdrawals, no number of times, no fees for member withdrawals.

14. Severability
14.1
If this Agreement is deemed unlawful, invalid or unenforceable in any jurisdiction, the effect and enforcement of the Agreement in other jurisdictions shall not be affected. If any provision of this Agreement is unenforceable or invalid for any reason, in whole or part, the unenforceability or invalidity thereof shall not affect the enforceability or validity of any other provision in this Agreement and all provisions of this Agreement shall be construed so as to preserve the enforceability thereof.

15. Transfer
15.1
PKC reserves the right to transfer this Agreement in whole or in part without notice. Users may not transfer any rights or obligations under this Agreement.

16. Other
16.1
The failure of PKC at any time or times to demand strict performance by you or any user of any of the terms, covenants, agreements, or conditions set forth herein shall not be construed as a continuing waiver or relinquishment thereof and PKC may at any time demand strict and complete performance by you or any user of said terms, covenants, agreements, and conditions.
16.2
PKC shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
16.3
This Agreement is not created, conferred on any third party than a party to this Agreement, with the exception of other companies and third-party providers we affiliate with to provide the Services or the Software.
16.4
This Agreement does not (and shall not be deemed) to create a partnership, agency, trust, joint venture between you and us.
16.5
This Agreement constitutes the complete agreement between you and us for the Services and supersedes all previous agreements, understandings or arrangements between you and us.

For more information, please contact cs1@pkcusa.com