Poker

In order to use the poker services offered at www.partypoker.es (whether via the website or mobile app) You will have to have an active Account with Us and accepted the General Terms and Conditions available here(the “Terms and Conditions”).

These specific poker terms (the “Poker Terms”) set out the terms and conditions on which We provide poker as part of Our Gaming Services on Our Platform. These Poker Terms are to be read in conjunction with the Terms and Conditions and in the event of a conflict, the Terms and Conditions shall take precedence. Any capitalised words not defined in these Poker Terms shall have the meaning given to them in the Terms and Conditions. In these Poker Terms You are also referred to as the “Player”. Players will have to download an iPoker client provided by Playtech Software Limited (“Playtech”) and agree to Playtech’s End User Licence Agreement (“EULA”) as made available by Playtech on download.

These Poker Terms has been divided into the following sections:

• 1. POKER ACCOUNT
• 2. FRAUD, SOFTWARE BUGS & CHEATING
• 3. TOURNAMENT CONDITIONS
• 4. LOBBY AND TABLE CHAT
• 5. TECHNICAL ERRORS
• 6. RAKE STRUCTURE
• 7. POLICIES AND END USER LICENCE AGREEMENT

1. Poker Account

1.1. When You create a poker account with partypoker.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. partypoker reserves the right to disallow the use of nicknames that partypoker, at the sole discretion of partypoker, deems inappropriate. partypoker reserves the right to cancel at any time the poker account of any Player who uses their selected nickname in violation of these Poker Terms, the applicable law or in any other way we, at the sole discretion of partypoker, 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, up and until the Player notifies partypoker's customer support by telephone regarding unauthorized use and confirms the notification from the Player's registered e-mail address. The Player indemnifies partypoker against all activities conducted through the Player's account.

2. Fraud, software bugs & cheating

2.1. Any form of fraud or cheating will be reviewed in accordance with Clauses 14, 17 and 29.4 of the Terms and Conditions. We are committed to fair play and combatting fraudulent activity and we will take all appropriate action (including reporting to relevant authorities) where necessary.

2.2. Only one real money account is allowed per customer. Please refer to clause 4 of the General Terms and Conditions.

3. Tournament conditions

3.1. For tournaments provided by Us, the following general rules and guidelines apply in addition to these Poker Terms:

Tournament Rules

Collusion between Players (as set out in the clause 29.4 of the Terms and Conditions).

3.2. For certain tournaments, special rules may apply in addition to these Poker Terms and the general tournament rules, as posted from time to time at partypoker.es in connection with such tournaments.

4. Lobby and table chat

4.1. Where we offer any form of chat facilities, You must use these facilities in accordance with clause 12 of the Terms and Conditions.

5. Technical errors

5.1. System Failure and Connection Issues

In 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 void and all effected players will have their funds returned. Please refer to clause 15 of the Terms and Conditions and the Disconnection and Cancellation Policy.

6. Rake structure

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 partypoker.es:

Pot Limit and No Limit 

Pot limit & No Limit - €0.01/€0.02 up to €0.02/€0.05

Pot limit & No Limit - €0.05/€0.10

Pot limit & No Limit - €0.10/€0.20

Pot limit & No Limit - €0.25/€0.50

Pot limit & No Limit - €0.50/€1.00 up to €5.00/€10.00

Limit Games 

Limit - €0.02/€0.04 - €0.05/€0.10 

Limit - €0.10/€0.20 

Limit - €0.25/€0.50 up to €0.50/€1.00 

Limit - €1.00/€2.00 

Limit - €2.00/€4.00 

Limit - €3.00/€6.00 up to €10.00/€20.00 

Limit - €20.00/€40.00

The structure is based on stake level and the maximum rake is based on the number of players.

Anti-Cheating Policy

Third Party Tools

We are committed to act in a timely and appropriate manner in case of detecting the use of unfair practices when using the Website, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behaviour that provide players with an unfair advantage over other players on the site. Likewise, we will take the necessary measures in case we detect the use of software programs which are designed to enable artificial intelligence to play on our platforms including, but not limited to, opponent-profiling, cheating software or anything else that we deem enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that we will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and you agree not to use any AI Software and/or any such programs. In the event that we suspect that a player has been involved in any practices outlined in this Policy or any other practices which we deem to be unfair or fraudulent, we reserve a right, in our sole discretion, to block their account and permanently withhold available funds from within such accounts. No player shall have the right to require us to take any other steps against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behaviour. If a player has been cheated on by another player when using the Facilities, we shall only refund the amounts lost by the player as a result of being cheated in the event that we can locate the cheating account and access the funds in question. In the event that more than one player is affected by the cheating account and we can allocate that cheating account, then the remaining funds in the cheating account will be distributed on a pro-rata basis in accordance with the loss of each affected player.

Automatic Players (Bots)

The use of Bot software programs is prohibited and we deem its use detrimental to other players. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a 'cheat free' environment for all users: (1) scan your list of active software applications while you are using the facilities; (2) scan your list of active processes while you are using the facilities; and (3) scan the files in your facilities and site-related program folders to ensure that only 'non-hacked' versions of our software are being used. If any of the foregoing processes reveals a suspect application or process, our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of your hard drive, equipment or files, and it will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on your computer or other equipment and will not interfere with the operation of any of your applications. You may terminate use of our software at any time by uninstalling our software package. We rely on legitimate interest to carry out this processing and we aim to provide a safe and fair gaming platform for all our players. You can review our privacy notice here.

Software

You may install and use the software we make available from the platforms used to provide the Gaming Facilities (the 'Software') on a hard disk or other storage device and make back-up copies of the software, provided that such use and back-up copying is only for your own personal use in using the Gaming Facilities in accordance with these agreements, and further, that such installation and use is made through a computer or other device of which you are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the software except to use it in accordance with these agreements. Save as expressly permitted by law, you are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software or any part of it or to create, publish or distribute derivative works from the software. You agree that the software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

Collusion and Cheating

Collusion occurs when two or more players attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who in our reasonable opinion colludes or attempts to collude with any other player while using the facilities may be permanently banned from using the facilities or the software, their account may be terminated immediately and we shall be entitled to retain all monies in such player's account, and we will report all such matters to the DGOJ. If you suspect that any player is colluding with another or cheating, please Contact Us.

Chip-Dumping

Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip-dumping with any other player, while using the facilities may be permanently banned from using the facilities and their account may be terminated and we will have the right to withhold all funds in that player's account, reporting all such actions to the DGOJ. If you suspect that any player is participating in chip dumping, you can contact us via email at gameintegrity@partypoker.com.

Third Party Tools Policy

Prohibited Tools and Services

To protect the integrity of the partypoker, and ensure fairness for all players, the Game Integrity team monitor active processes of players’ computers for the use of prohibited software while the poker client is active.

Prohibited Tools and Services type 1

The following are prohibited at all times:

Any tool or service that plays without human intervention (effectively reduces the need for human decision-making) or offers advice on what action to take through reading of the current game state concurrent with play commonly known as a Bot, GTO and RTA (Real Time Assistance).

Examples include but are not limited to Shanky Bot / Preflop Autofolder.

The practice of compiling hands by observing games without playing, or using hands acquired through such methods commonly known as datamining.

Examples include but are not limited to SmartHand / statname.

Any tool or service that assists in game selection efficacy commonly known as seating scripts.

Examples include but are not limited to Magic Seat / one007.

Prohibited Tools and Services type 2

The following are prohibited while our software is running:

Reference materials that provide advice beyond a basic level, as well as tools or services geared toward ease of referral to said materials.

Examples include but are not limited to Equilab / AssassinatoHUD.

Tools or services that compute advanced equity calculation.

Examples include but are not limited to Piosolver / ICMIZER.

For the avoidance of doubt, any software which advises or removes the decision process, or automates the interaction with the poker client by a human being is strictly prohibited while playing at the tables.

Actions and potential consequences

Any player deemed to be using such software may have their poker account permanently closed and/or funds confiscated to recompense those players affected by its illegitimate use against them, and we will report all such matters to the DGOJ.

Privacy

Online privacy is an important concern to everyone; partypoker will only monitor the active processes while the poker client is open. 

No information or data outside of the active processes is collected by partypoker, and only information of prohibited software processes will be retained.

All matters relating to Personal Data will be handled in accordance with our Privacy Notice.

Prohibited third-party tools

For the avoidance of doubt, there are some tools that, if a player is found to be using these in any capacity in conjunction with the partypoker client, will result in a breach of our terms and conditions and may result in an immediate closure of the account and seizure of funds, and we will report all such matters to the DGOJ. The use of any tool that does the following is not permitted at any time:

Any tool that plays without human intervention (a ‘bot’)

Any tool that makes decision for, or advises decisions to, a player – therefore reducing the human element of the game (‘assistance software’)

Any tool that automates the process of joining a specific table or game based on a defined set of criteria such as player statistics or notes (a ‘seating script’)

Strategic Material

‘Strategic Material’ is any form of external material that can be referenced whilst playing which provides guidance, instructions or recommendations. A player would not be able to replicate this level of gameplay without the material in front of them.

What material is permitted under this ‘Strategic Material’ policy?

‘MyGame’ or ‘MyGame Whiz’ is the only permitted strategic material that can be used whilst playing on our network.

What material is prohibited whilst playing on our network under this ‘Strategic Material’ policy?

Strategic material, in any form whatsoever, that cannot be found directly in ‘MyGame’ or ‘MyGame Whiz’ is prohibited. This includes any form of chart not available in ‘MyGame’ and ‘MyGame Whiz’.

If you are found to be in breach of this policy, restrictions may be placed upon your account. In some extreme cases, it may result in account closure and the seizure of funds if you are not able to provide video evidence to demonstrate you can replicate prior play.

Queueing

Queueing’ is prohibited on partypoker. If you are found to be employing such tactics, restrictions may be placed on your account.

What is queueing?

Queueing is when a player, or a group of players, intentionally try to alter or avoid specific opponents in games where registration is ‘blind’. Namely, where you shouldn’t be able to choose your opponents, for example, Twisters.

Why is queueing now against the terms and conditions?

partypoker’s ‘blind registration’ policy (all player aliases are hidden until an STT has begun) ensures a level playing field. This is vital to maintaining a healthy poker ecosystem.
Players who intentionally manipulate our registration process compromise the integrity of the game.

7. Policies and end user licence agreement

7.4. 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 (Ceuta) SA. ("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. Prior to any participation at www.partypoker.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.

7.5.3. Software Sub-License

The multiplayer gaming services are the services We provide via the partypoker Platform and any other gaming platform We may implement in the future (collectively referred to as the "Multiplayer Gaming Services").

The Multiplayer Gaming Services on the partypoker Platform runs on the Playtech Software Limited (“Playtech”) network, for which partypoker holds a licence from Playtech to a grant non-exclusive, non-transferable end-user sublicense to You for personal use. The desktop version must be downloaded, mobile apps must be installed and the web version where available requires no installation. The usage of the software is at Your own risk and partypoker and Playtech disclaim all liability for errors, failures or viruses. Playtech retains full intellectual property rights and You are not permitted to copy, decompile, reverse engineer or distribute the software.

7.5.3. Security

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) EURO, 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.

7.5.6. Title

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.

7.5.7. Termination

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.partypoker.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.

7.5.9. Invalidity

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.