This Terms of Service (the “Terms”) should be read by you (the “User” or “you”) in its entirety prior to your use of KKPoker’s services or products. Please note that the Terms constitutes a legally binding agreement between you and Second Curve Tech ApS (the “Company”, “us”, “we” or “our”). The Company holds a license from the Danish Gambling Authority (Spillemyndigheden), under which we operate the real money games offered to you on the Internet site www.kkpoker.dk (the “Site”).

The cost to you of playing the Games (as defined below) and/or using our Services (as defined below) on our Site is set out in the Rake Information page. In addition to the terms and conditions of this Terms, please review our Privacy Policy, the Cookie Policy, the Game Rules as well as the other rules, policies and terms and conditions relating to the products and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

By registering an account at KKPoker and/or using the Software (as defined below), you consent to the terms and conditions set forth in this Terms, the Privacy Policy, the Cookie Policy, and the Game Rules as each may be updated or modified from time to time in accordance with the provisions below and therein.

For the purposes of this Terms, the definition of “Software” means any and all software that we provide or make available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not. Therefore “Software” will include the software downloadable to your personal desktop or laptop computer (“PC”) from the Site, the web-based software accessible from the Site, and any related mobile software applications downloadable or made available to you on your end-user device (including, without limitation, a cellular phone, PDA, tablet, or any other type of portable or mobile device now existing or hereafter devised) (each, a “Device”) as well as all ancillary software to the Software (whether web-based software or client/server software).

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1

Subject to the terms and conditions contained herein, the Company grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access and play poker, card games, and casino games (the “Games”) available (the Software and Games together being the “Service”).

1.2

The Software is licensed to you by the Company for your private personal use. Please note that the Service is not for use by individuals: (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Site from jurisdictions from which it is illegal to do so. The Company is not able to verify the legality of the Service in each jurisdiction and it is the User’s responsibility to ensure that their use of the Service is lawful.

1.3

We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.

1.4

The Company and its licensors (if applicable) are the sole holders of all rights in the Software and the Software’s code, structure and organisation, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:

1. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
2. sell, assign, sublicense, transfer, distribute or lease the Software;
3. make the Software available to any third party through a computer network or otherwise;
4. export the Software to any country (whether by physical or electronic means); or
5. use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an “Unauthorised Use”).

The Company and its licensors (if applicable) reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.

You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify the Company immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide the Company with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5

The term “KKPoker”, the domain name “kkpoker.dk”, and any other trademarks, service marks, signs, trade names and/or domain names used by t on the Site and/or the Software from time to time (the “Trade Marks”), are the trademarks, service marks, signs, trade names and/or domain names of the Company and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content”) belongs to the Company and/or its licensors (if applicable) and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without the Company’s prior written consent.

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by the Company and/or its licensors (if applicable) in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of the Company, employees, directors, officers and consultants.

1.6

You warrant that any names or images used by you in connection with the Site or Service (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant the Company a worldwide, irrevocable, transferable, royalty free, sublicensable licence to use such names and images for any purpose connected with the Site or Service, subject to the terms of our Privacy Policy.

2. NO WARRANTIES

2.1

The Company disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you “AS IS” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

2.2

Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.

2.3

The Company reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by the Company in this regard.

3. AUTHORITY

3.1

The Company retains authority over the issuing, maintenance, and closing of Users’ accounts on the Site. The decision of the Company’s management, as regards any aspect of a User’s account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal. The User’s account will provide access to all the Site, made available to you under the terms of this Terms, by the Company, as applicable to your geographical location.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1

there is a risk of losing money when using the Service and that the Company has no responsibility to you for any such loss;

4.2

The Company is not a financial institution and no interests will accrue on monies deposited with the Company;

4.3

your use of the Service is at your sole option, discretion and risk;

4.4

in compliance with our regulatory requirements and in order for you to access and use our Software and/or our Services through any of our websites you will need to provide us with certain personal details about yourself (including details regarding your methods of payment) as well as your location data and/or such other data or information that may be derived from your device/computer, to enable the Service/Software to be made available to you. You are not permitted to use our Software and/or Services if you do not wish to be bound by this provision. We will process your personal details in compliance with applicable data protection laws and as set out in our Privacy Policy;

4.5

The Company does not provide advice to Users regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors and/or authorities in the jurisdiction in which they are domiciled and/or resident;

4.6

you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your use of the Service;

4.7

the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of the Company and the Company shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

4.8

you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider. Our self-exclusion and deposit limit tools are set out on the Responsible Gaming page of the Site.

5. PROHIBITED USES

5.1

SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

5.2

PERSONAL USE. The Service is intended solely for the User’s personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her account with the Company for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to the Company and the User is obligated to update such details in the event of any change thereto.

5.3

COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. The Company reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, the Company reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Terms and accordingly the Company shall have the right to terminate a User’s account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

5.4

EXTERNAL PLAYER ASSISTANCE TOOLS. The Company prohibits external player assistance tools (“EPA Tools”) that are designed to provide an “unfair advantage” to players. The Company defines EPA Tools as computer software (other than the Software), and non-software-based systems (e.g. web sites, subscription services and physical material). The Company takes a broad view of what constitutes an “unfair advantage” in the context of any use of EPA Tools. For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User’s own game play or receiving advice, direction or assistance on how to play, in real time, that goes beyond a basic level.

You agree that the Company may take reasonable steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with Software on the User’s Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. If you engage or attempt to engage in using EPA Tools, regardless of the outcome of such attempt, the Company reserves the right to permanently ban your account from using the Services and your account may be terminated immediately. In such circumstances, the Company will be under no obligation to refund to you any monies that may be in your account at such time.

5.5

AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence. Any account holder who uses or attempts to use artificial intelligence to access any Service may be permanently banned from using the Services and their accounts may be terminated immediately. In such circumstances, the Company reserves the right to seize and/or confiscate any funds within their accounts at such time.

5.6

CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a poker hand in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their User account may be terminated immediately. In such circumstances the Company will be under no obligation to refund to you any monies that may be in your User account at such time.

5.7

FRAUDULENT BEHAVIOR. In the event that the Company deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, the Company shall be entitled to take such action as it sees fit, including, but not limited to:

1. immediately blocking a User’s access to the Service;
2. terminating a User’s account with the Company;
3. seizing the funds within a User’s account;
4. disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
5. taking legal action against a User.

5.8

CURRENCY EXCHANGE. Users are able to effect currency exchange transactions via the Service on their PC or Device with funds standing to the credit of such User’s account (the “Currency Exchange Facility”). All currency exchange transactions on the Currency Exchange Facility will take place at the current prevailing rate offered by the Company or its payment service providers for the transaction type in question. The exchange rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. Users should ensure they are aware of fluctuations in the exchange rate and the impact this may have on their available funds before using the Currency Exchange Facility. The Company will not be held responsible for gains and losses incurred by Users that utilise the Currency Exchange Facility. Users should also be aware that the Company applies a margin on currency exchanges effected via the Currency Exchange Facility which it may, at its discretion, waive for some types of transaction. A margin may, for instance, be applied to currency exchanges in connection with deposits or withdrawals, intra-account transfers or auto-conversion in situations where the currency exchanged is different from the currency used in the games. We may also, at its discretion, revoke or withdraw support for any particular currency without notice.

The use of the Currency Exchange Facility and/or User’s account to engage in currency trading or speculation is strictly prohibited. To help maintain the integrity of the Currency Exchange facility, we have the right to, in our sole discretion:

1. decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
2. limit the number of currencies held by a User in such User’s account and the amount of money that may be converted between currencies by that User; and/or
3. require that funds held in a User’s account and converted via the Currency Exchange Facility into a different currency be used for playing the Games before being withdrawn or used for any other purpose; and/or
4. retroactively apply any margin which was waived as part of a currency conversion transaction.

5.9

PROHIBITED JURISDICTIONS. The Company prohibits persons located in (including temporary visitors) or residents of certain jurisdictions (including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game) clients from making deposits into their accounts or engage in the Games (the “Prohibited Jurisdictions”). For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.

Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Terms. An attempt at circumvention includes, but is not limited to, manipulating the information used by the Company to identify your location and providing the Company with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User account.

5.10

NO ARBITRAGE. You are strictly prohibited from utilising the Site, the Software and the Service to facilitate arbitrage through currency exchange transactions. Where the Company deems that you have deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the balance standing to the credit of your account without warning or notification.

5.11

ILLEGAL WAGERING. The Company does not bear liability for any breach by you of the applicable laws of your country of residence (including temporary residence) by engaging in the Service. If the Company, on reasonable evidence, identifies you as engaging in the Service illegally, the Company will declare any money wagered or used to engage in the Service and winnings made or received therein void.

5.12

CONCURRENT LOGINS. The Company strictly prohibits a User from being logged in to more than one account within the same player pool (i.e. at the same poker table or in the same tournament) at the same time, whether any play activity occurs on any such account or not. The Company shall have the right to terminate your account and may confiscate funds held in your account if you engage or attempt to engage in any such activity, regardless of the outcome of such attempt.

6. DEPOSIT AND WITHDRAWAL POLICY

6.1

The policy and criteria for a User to effect a withdrawal from his/her User account can be found in our Deposit and Withdrawal Policy. The Company reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time.

6.2

Updating or adding additional payment details may be done by e-mailing the Company at info@kkpoker.dk. It is your responsibility to make yourself aware of the terms upon which your payments are accepted. You are solely responsible to keep yourself informed of any changes.

6.3

You are fully responsible for paying all monies owed to the Company. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Services. You will reimburse the Company for any chargebacks, denial or reversal of payments you make and any loss suffered by the Company as a consequence.

7. OFFENSIVE LANGUAGE OR CONTENT

7.1

The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function, the player images option or in correspondence with the staff of the Company.

8. BREACH

8.1

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, the Company reserves the right to take such action as it sees fit, including terminating this Terms, or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Company, terminating such User’s account on the Site or on any other site operated by the Company, seizing all monies held in the User’s account on the Site or on any other site operated by the Company and/or taking legal action against such User.

8.2

You agree to fully indemnify, defend and hold harmless the Company and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

1. your breach of this Terms, in whole or in part;
2. violation by you of any law or any third party rights; and
3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

9. LIMITATION OF LIABILITY

9.1

Under no circumstances, including negligence, shall we be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if the Company had prior knowledge of the possibility of such damages.

9.2

Nothing in this Terms shall exclude or limit the Company’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.

10. SECURITY AND YOUR ACCOUNT

10.1

Each User account shall be accessible through the use of a combination of a unique username (“Username”), a unique and secret password (“Password”), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the “Login Credentials”). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.

10.2

The identity of a User must be verified by the Company in accordance with Danish law in order for a User account to be opened.

10.3

The User shall use a digital signature when the User logs in to his/her account for the purposes of verification of the User. The digital signature shall have a security level corresponding to the OCES standard. The use of “MitID” fulfils this requirement.

10.4

The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her User account.

10.5

The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

10.6

A User may only have one User account with the Company and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with the Company. In the event that the Company becomes aware of additional accounts opened by a User, the Company may close such additional accounts without notice and may confiscate funds held in such additional accounts.

10.7

Please note that monies held in your User account do not accrue interest.

10.8

You will not be able to place any bets using the Service in an amount greater than the total amount of money in your User account.

10.9

You are fully responsible for paying all monies owed to the Company. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse the Company for any chargebacks, denial or reversal of payments you make and any loss suffered by the Company as a consequence.

10.10

The Company reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service in accordance with the terms of the Privacy Policy. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.

10.11

The Company reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

10.12

The policy and procedure for a User to effect a period of self-exclusion are set out on our Responsible Gaming page of the Site.

10.13

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 complete this transaction.

10.14

Important information relating to VAT, GST and any other service tax, hereinafter described as (“Sales Tax”): If Sales Tax applies, we treat our revenue as being inclusive of all Sales Tax. We account for and pay this tax, where applicable, on behalf of our customers so there is no further action required by you in this regard.

11. OUR DECISIONS ABOUT GAMES ARE FINAL

11.1

The historical data of each Game will be recorded on our servers and in our databases. In the event of a discrepancy between the result displayed on your device and the records on our server or in our databases, our records will prevail. You also accept that the “Hand Review” feature will not be considered as the official historical record of any hand.

12. HOW TO GET HELP WITH OR MAKE A COMPLAINT ABOUT THE SERVICES

12.1

In the event that you wish to complain or raise a query with customer support, you may send an e-mail to info@kkpoker.dk. Our customer support representatives will ensure that your query is answered or referred to the appropriate specialist team.

12.2

If you have raised a complaint and it has not been settled within 14 days, we will reach out to you with an update on when to expect a decision.

13. AMENDMENT

13.1

The Company reserves the right to update or modify this Terms or any part thereof at any time without notice and you will be bound by such amended Terms within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Terms in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Terms.

14. GOVERNING LAW

14.1

The Terms and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Denmark. Disputes of any nature under this Terms shall be settled by the ordinary courts in Denmark.

15. SEVERABILITY

15.1

If a provision of this Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

16. ASSIGNMENT

16.1

The Company reserves the right to assign this Terms, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Terms.

17. MISCELLANEOUS

17.1

No waiver by the Company of any breach of any provision of this Terms (including the failure of the Company to require strict and literal performance of or compliance with any provision of this Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Terms.

17.2

Nothing in this Terms shall create or confer any rights or other benefits in favour of any third parties not party to this Terms.

17.3

Nothing in this Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

17.4

This Terms constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

17.5

The User must provide full and truthful information in respect of all details and information requested by the Company in connection with the User’s use of the Service subject at all time to the terms of the Privacy Policy.

17.6

The English language version of this Terms shall be the prevailing version in the event of any discrepancy between any translated versions of this Terms.