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Terms and Conditions
Terms and Conditions
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PARADISEPOKER.NET CARDROOM AND WEB SITE.
© PARADISEPOKER.NET LIMITED 2004. ALL RIGHTS RESERVED.
IF YOU HAVE ANY QUESTIONS OR QUERIES PLEASE CONTACT THE COMPANY USING THE CONTACT DETAILS ON THE SUPPORT SERVICES PAGE OF THE SITE.
Introduction
The Cardroom is brought to you by ParadisePoker.net.
Employees of the Company, its licensees, distributors, subsidiaries and members of the immediate families of each are not eligible to play in the Cardroom
Your Warranties and Indemnity
You acknowledge that the Cardroom is for entertainment only. No purchase is necessary or required to play any of the Cardroom's Games. Play money funds have no value and are not transferable nor redeemable for any bona fide currency. You are playing against other players over the Internet on the Company's server, you are not playing against the Cardroom.
- Your interest in the Cardroom is personal, and not professional and that you are only using the Cardroom for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of the Cardroom is strictly prohibited;
- You agree and acknowledge that if you choose to play the Games, you do so at your own discretion;
- You agree and acknowledge that you will not provide any information or make any statement to the Company that is untrue, false, incorrect or misleading;
- You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services that you need to use in order to access the Cardroom;
- You agree and acknowledge that you do not find the Game of the Cardroom to be offensive, objectionable, unfair nor indecent;
Age Requirements
Cardroom only open to players aged 18 and over in the USA, United Kingdom, and Europe, and players aged 19 and over in Canada. In any instance, players must be of the legal age of majority as determined by the laws of the country where you live.
Use of Content
All materials contained in the Cardroom or the Site including but not limited to text, graphics, Software, images, concepts, methodologies, designs, information and any data generated or collected by the Cardroom (together the "Content") belongs to the Company or its licensors.
You may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in this section, you may not do any of the following without prior written permission from the Company:
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- commercially exploit the content in any way;
- remove the copyright or trade mark notice from any copies of Content made under these Terms;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
You acknowledge that "ParadisePoker.net" and any associated logos are trade marks belonging to the Company and you may not use them without prior written permission from the Company.
Software
In order to use the ParadisePoker.net site you must download the free ParadisePoker.net Client ("Client"). The Client and any other software that is available for download or made available via the ParadisePoker.net site (the "Software") is subject to copyright, database rights and intellectual property rights and belongs to the Company. Your use of the Software is governed by the terms of the licence agreement that accompanies the Software. Do not install or use any Software unless you agree to the terms of this licence agreement.
Registration
When you register as a member to use the Cardroom, you must provide the Company with accurate, complete registration information and it is your responsibility to inform the Company of any changes to that information (including in particular your email address). Each registration is for use by a single user only and each single user is permitted only one registration. On registration, you will choose a user name and password (collectively "ID"). You must not:
- allow any other person to share your ID;
- allow access to the Cardroom through a single ID by multiple users on a computer network.
You are responsible for the security of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any information you use in relation to the Cardroom then you must notify the Company immediately by email to support@paradisepoker.net.
Privacy
The Company takes your privacy very seriously and aims to comply with all relevant data protection legislation. Any information given to the Company by you or collected by the Company as a result of your use of the Cardroom is only used in accordance with the terms of the Company's Privacy Policy. By using the Cardroom you are agreeing to our use of your data in accordance with the Privacy Policy.
The Cardroom Rules
From time to time (in the Company's sole discretion) the Cardroom will offer various types of poker Games and other types of Games. In relation to any Games available at the Cardroom:
- the Company may at any time without any prior notice to you terminate, suspend or otherwise alter or amend (including amendment of functions or other characteristics) any aspect of any Game;
- the Company may at any time without any prior notice to you terminate your participation in any Game;
- if there is any discrepancy as to the results of any Game between your computer and the Company's computers then the results recorded on the company's computers shall be final and conclusive;
- any materials supplied as part of the Game (whether electronically obtained or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically produced, obtained outside authorised legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors;
- changes to the rules relating to any Games will be posted on the Site and will be accessible on the Site and the changes will take effect from the date they are published and each time you play a Game you should check to see whether there is a notification of any changes to the rules. If you play the Game after the Company has published details of the changes to the rules, you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not play the Game any more.
- Please refer to the website for details regarding player disconnection and internet delays.
- The Company will strictly enforce appropriate etiquette rules. No player shall use harassing or foul language. No player shall discuss the current hand while it is being played. Only English may be spoken at the tables.
Fraudulent Activities
Committing Fraud is an extremely serious offence, and if, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games or the Company in any way including but not limited to game manipulation the Company reserves the right to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites appropriate agencies. Further, Company may close any accounts.
Artificial Intelligence
The use of Artificial Intelligence or "bots" is strictly forbidden. The company will take measures to prevent and detect the use of programs that are designed to enable artificial intelligence (non-human) to play on the site.
Warranties and Exclusion of Liability NO WARRANTIES THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO THE LEGALITY OR OTHERWISE OF; INTERNET GAMING IN YOUR COUNTRY OR JURISDICTION, YOUR USE OF THE CARDROOM OR YOUR PARTICIPATION IN ANY OF ITS GAMES. NONE OF THE COMPANY'S EMPLOYEES, LICENSEES, DISTRIBUTORS, WHOLESALERS, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION OR OTHER AGENCIES, MEDIA PARTNERS, AGENTS OR RETAILERS HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
THE COMPANY DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE OR THE CARDROOM, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE (COLLECTIVELY, "SITE SERVICES"). IN PARTICULAR, THE SITE SERVICES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. BECAUSE OF THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET THE COMPANY DOES NOT GIVE ANY WARRANTY, OR ACCEPT ANY LIABILITY, IN RELATION TO INTERCEPTION, INCOMPLETENESS, INACCURACY OF THE CONTENT OR THE UNINTERRUPTED AND/OR ERROR FREE OPERATION OF THE SITE SERVICES.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO COMPLETENESS OR ACCURACY OF THE CONTENT OR ANY EXPRESS OR STATUTORY WARRANTIES AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, THE COMPANY MAKES NO WARRANTY THAT THE SITE SERVICES ARE YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALSO, THE COMPANY DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF TITLE OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. THE COMPANY IS NOT LIABLE FOR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE SERVICES OR TO ANY BREACH OF THE TERMS BY THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
LIMITATION ON DAMAGES & EXCLUSIVE REMEDY THE COMPANY'S MAXIMUM LIABILITY TO YOU AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES, LOSSES, COSTS, DEMANDS, CLAIMS AND/OR EXPENSES THAT YOU INCUR SHALL BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE AMOUNTS YOU PAID (EXCLUDING ANY BET OR WAGER) TO ACCESS THE CARDROOM (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS FIRST INCURRED. ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES. NOTHING IN THESE TERMS LIMITS THE COMPANY'S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR FOR ANY OTHER LIABILITY THAT THE COMPANY CANNOT LEGALLY AVOID.
Changes to the Terms The Company may, at its discretion, make changes to these Terms at any time. The Company will give notice of any such changes as follows:
- by posting a revised version of the Terms on the Site
- detailing the changes at the start of these Terms by reference to the date on which they were last modified.
The changes will take effect from the date set out in these Terms. It is important, therefore, that each time you log in to the Cardroom you check to see whether there is a notification of change. You are solely responsible for reading the changes.
If you use the Cardroom or the Site after the Company has published details of the changes, you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not use the Cardroom or Site any further.
Termination
The Company may terminate these Terms and/or your use of the Cardroom in its absolute discretion at any time without any prior notice. If your ID remains unused for a continuous period of 365 days then the Company may terminate your ID. On termination of this Agreement for any reason:
- the Company will notify you of its intention to close the account. In the event of a non response, the account will be closed.
- the Company will disable your ID to prevent further access to the Cardroom using your ID.
Laws and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Costa Rican law. Any disputes arising out of or in connection with these Terms including without limitation any questions regarding its existence, validity, termination, or the relationship of the parties established by these Terms shall be referred to and finally resolved by arbitration in accordance with the following provisions:
The number of arbitrators shall be 1. The parties will select the arbitrator from a panel of possible arbitrators published by the Company from time to time on the Site. The choice of arbitrator is subject to availability. If the parties fail to agree on the identity of the arbitrator within fourteen (14) days after either party's request to the other then the arbitrator shall be appointed by the Company from the published panel of possible arbitrators and the Company's decision is final. The place of arbitration shall be San Jose, Costa Rica or such other location as the Company determines (in its sole discretion) and in determining any alternative location the Company may have regard to the location of the Customer and the type of dispute. The language to be used in the arbitral proceedings shall be English. Nothing in this clause shall prevent either party from applying to the Courts of any jurisdiction for such provisional or protective measures (including but not limited to orders for the preservation of evidence, property or assets) as are available under the laws of that country.
General Matters
You may not assign or sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
These Terms represents the complete, final and exclusive agreement between you and the Company and supersedes and merges all prior agreements, representations and understandings between you and the Company.
Nothing in these Terms affects your statutory rights as may be applicable in the country where you live.