(1) Only customers of partypoker shall have access to partypoker Live Video. A customer, for pur-poses of these Terms and Conditions, shall mean any person who has opened an account with partypoker and has a positive account balance (bonus money is not considered) or has been active within the previous 24 hours.
(2) There is no fixed list of geographical areas where partypoker is able to stream partypoker Live Video in general. The list of scheduled matches will reflect which events you can view from within your particular location.
(3) At the moment, there is no charge applicable to the use of partypoker Live Video. However, partypoker may at any time at its sole discretion introduce a fee, subscription or other charge or condition for the use of partypoker Live Video after informing the customer accordingly.
(4) partypoker reserves the right to deny access or to terminate access to partypoker Live Video or modify, suspend or discontinue the partypoker Live Video at its sole discretion and without informing the customer. All content scheduled on partypoker Live Video is subject to change and partypoker may vary, suspend, replace or withdraw content on partypoker Live Video at its absolute discretion and without notice to the customer. partypoker does not supply audio commentary for every event, as audio commentary is offered for selected events only.
(5) By accessing partypoker Live Video, the customer accepts these terms and conditions.
§ 2 Technical Requirements
(1) partypoker recommends a flat-rate Internet connection with capacity of at least 500 kbps (ADSL); streaming may result in high Internet costs.
Recommended system prerequisites are 256 MB RAM, 1 GHz processor and Adobe Flash Player 8.0 or higher.
§ 3 Possible Time Delay
partypoker asserts that despite the fact that partypoker Live Video is advertised as “live”, there can be a time delay in the streaming of a few seconds, although details about the precise length of the delay cannot be provided. partypoker refuses to incur any liability for any loss that is caused by that delay due to a customer trust-ing in partypoker Live Video.
§ 4 Exclusion Of Liability
(1) partypoker expressly refuses to assume any liability in case partypoker Live Video will be inter-rupted or will be erroneous or that it will not be available for customers during adver-tised hours. partypoker further refuses to assume any liability that partypoker Live Video meets the technical requirements of the customer or that it will work in connection with any particular software or hardware.
(2) partypoker does not provide a fixed level of video quality of the service of partypoker Live Video, as the delivery depends on the Internet connection of the user, which is outside of partypoker’s influence. The picture quality and size offered may also vary from event to event.
(3) partypoker is not responsible for any direct or indirect loss, including but not limited to a loss of profit, data, business or goodwill a customer incurs because he chooses to rely on partypoker Live Video.
§ 5 Intellectual Property Rights
(1) All the offered video contents are protected by intellectual property rights. The right to use partypoker Live Video is non-exclusive, non-transferable and revocable and is granted only for personal, private, and non-commercial purposes. All copyright, trademark and other proprietary notice shall not be infringed by the use of the customer. Otherwise partypoker may automatically terminate the right to use the partypoker Live Video for the respec-tive customer.
(2) Customers are not allowed to copy, save, modify or distribute the partypoker Live Video con-tent or support third parties in doing so.
(3) partypoker Live Video content shall not be broadcasted by a customer to a public audience, irrespective of the fact that no charge is received therefore, and no Customer shall sup-port another person in doing so.
(4) Any customer who breaches provisions in these Terms and Conditions may be sued for damages. This includes a breach of the rights of a third-party, who may also sue a cus-tomer.
§ 6 General Provisions
(1) These Terms and Conditions may be changed at any time by partypoker. If partypoker makes significant changes, it will inform the customer accordingly. Despite this information, it shall remain the responsibility of each customer to check the Terms and Conditions from time to time. If a customer continues to use the partypoker Live Video after a change of the Terms and Conditions has taken place, this will be deemed to be an acceptance of the changed Terms and Conditions
(2) These Terms and Conditions are governed by the laws of Gibraltar and any disputes will be dealt with the court having local and subject matter over Gibraltar.