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1. ACCEPTANCE OF TERMS |
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NoPayPOKER.com, (is owned and operated by Actif Bois Joyeux SA, hereafter called "NoPayPOKER")
provides its service to you, subject to the following Terms of Service ("Agreement"),
which may be updated by us from time to time without notice to you, but always posted
here. The purpose of this Agreement is to regulate the legal relationship between
NoPayPOKER, and you in relation to your use of the Software, Services, Subscriptions and Games,
hereafter called "The Service". If you have any questions, you are encouraged
to seek independent legal advice in your jurisdiction prior to agreeing with the
terms and conditions. By accepting the terms and conditions of this Agreement upon
registration and/or continuing to access and/or use The Service you are legally
bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED
IN CLAUSES 20, 21 and 22 and to any posted guidelines or rules applicable to The
Service, which may be posted from time to time. All such guidelines or rules are
hereby incorporated by Reference into the Agreement. If you do not agree with any
of the terms of this Agreement you must not register an account with NoPayPOKER
and you must not use or continue to use The Service. |
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2. DESCRIPTION OF SERVICE |
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2.1 Located in San José, Costa Rica, is regulated
by the Government of Costa Rica to use the Software for the purposes of providing
The Service to you.
2.2 You can only use The Service if you are of the legal age of
majority as determined by the law of the country from where you live and/or access
the Service (the “Local Jurisdiction”). You cannot use The Service if
you are under 18 years of age, or a resident of Costa Rica, in any circumstances.
If you are under 18 years of age or below the legal age in the Local Jurisdiction,
or if use of The Service is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION
TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION)
then you must only use the version of The Service that can be played for fun or
practice, and not for real money, offline.
2.3 The Service is only available to you if use of The Service
is permitted in the Local Jurisdiction. NoPayPOKER does not intend that anyone should
use The Service where such use is illegal. The availability of The Service does
not constitute an offer or invitation by NoPayPOKER to use The Service in any country
in which such use is illegal. Use of The Service and participation in its games
is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY
FOR DETERMINING WHETHER YOUR USE OF THE SERVICE IS LEGAL IN THE LOCAL JURISDICTION.
If your use of The Service is illegal you will not be entitled to collect any winnings
and NoPayPOKER reserves the right to recover any winnings already received by you
and/or by anyone acting on your behalf and to report you to the relevant authorities.
2.4 Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new NoPayPOKER services,
shall be subject to the Agreement. You understand and agree that The Service is
provided "AS-IS" and that NoPayPOKER assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings.
2.5 You are responsible for obtaining access to The Service and
that access may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access The Service.
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3. REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY |
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3.1 In consideration for the rights granted to you to use The Service you warrant,
represent and covenant with The Service Providers (and acknowledge that The Service
Providers are relying on such warranties, representations and covenants) that: |
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You are of sufficient legal age, and are legally allowed, to use The Service in
the local jurisdiction; |
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you are not classified as a compulsive gambler; |
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you are not colluding or attempting to collude or intending to participate, directly
or indirectly, in any collusion scheme with any other player in the course of any
game you play or will play on the The Service; |
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you will not manage directly or indirectly more than one account, regardless of
the ownership of those accounts and when they are in operation;
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you will not operate more than one account per household. |
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Your use and interest in The Service is personal, and not professional and that
you are only using The Service for your own private entertainment and you acknowledge
that any other entrance, access, use or reuse of The Service is strictly prohibited; |
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You are solely responsible for recording, reporting, paying and accounting to any
relevant governmental or taxation authority for any tax or other levy that may be
payable on your winnings from The Service;
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You agree and acknowledge that you will not provide any information or make any
statement to NoPayPOKER that is untrue, false, incorrect or misleading. Any and
all information that you have provided to NoPayPOKER is true (and will continue
to be true) in every respect throughout the term of this Agreement and you agree
to duly notify NoPayPOKER of any changes to such information immediately; |
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You agree and acknowledge that you will not provide any information or make any
statement to any advertiser or sponsor, represented on or found through NoPayPOKER,
that is untrue, false, incorrect or misleading.
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You will not use the Software to engage in any activity, which you know, or reasonably
ought to know, will (or may) be illegal in your Local Jurisdiction.
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You are solely responsible for the acquisition, supply and maintenance of all of
the computer equipment and telecommunications networks and Internet access services
and all other consents and permissions that you need to use in order to access The
Service or use the Software.
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You fully understand the methods, rules, and procedures of The Service and, where
and when appropriate, will seek advice or help when using The Service.
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By accepting any winnings, you consent to NoPayPOKER’s use of your name for advertising
and promotional purposes without additional compensation except where prohibited
by law. |
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You accept and agree to abide by both the terms and conditions of this Agreement,
as amended from time to time, the rules of The Service and any rules and terms for
any promotions or loyalty schemes in which you participate, each as set out on NoPayPOKER's
website from time to time. Your participation in any promotions shall be deemed
as consent to the applicable rules and terms set out in connection with the respective
promotion. |
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3.2 You agree to fully indemnify NoPayPOKER and hold The Service
Providers harmless from and against all and any losses, costs, expenses, claims,
demands, liabilities and damages however caused that may arise as a result of your
(a) use of The Service or (b) acceptance of any winnings or (c) any breach of this
Agreement.
3.3 If you breach this Agreement or NoPayPOKER has any reasonable
grounds for suspecting that you have breached the Agreement, in addition to any
other remedies available to NoPayPOKER, NoPayPOKER may permanently close your account
and withhold payment on any balance.
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4. NOPAYPOKER PRIVACY POLICY |
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Registration Data and certain other information about you are subject to our Personal
Privacy Policy.
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5. USERNAME, PASSWORD & SECURITY |
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You will create a Username and Password upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the Password
and account, and are fully responsible for all activities that occur under your
Password or account. You agree to
(a) immediately notify NoPayPOKER of any unauthorized use of your Password or account
or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. NoPayPOKER
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section.
NoPayPOKER does not generally provide details of your Account to third parties,
however, NoPayPOKER reserves the right to:
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release any information with respect to your Account to a request by a financial
institution, credit reporting agency, a governmental agency, regulatory body or
court of law, whether such request is made pursuant to a court order or otherwise; |
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provide details of Account to the police or other investigatory agency pursuant
to a request issued by them; |
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seek verification of any information provided by you in relation to your Account;
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provide details of your Account and/or your use of the The Service to a third party
for the purposes of providing you with the The Service or to a successor in title
to the NoPayPOKER’s business |
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6. THE SERVICE RULES |
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6.1 By registering at NoPayPOKER.com, you will be able to access
play for FreeD (see definition of "FreeD" in section 10) games of varying
different types and rules, hereafter and collectively called "Games".
6.2 The Games will be played pursuant to generally accepted casino
game rules as specifically set out in the gaming rules and procedures section of
the NoPayPOKER.com website, as well as other sections of the NoPayPOKER.com website
and Software, including but not limited to various promotions and promotional
tournaments.
6.3 Complimentary or bonus amounts credited by NoPayPOKER, if any,
into your Account for promotional purposes may only be used to play in the Games
and you are not entitled to withdraw such amounts without first complying with the
additional terms and conditions of use set forth in each bonus offering. Further,
NoPayPOKER reserves the right to reclaim any bonus amounts if you do not use them
within the period of time specified.
6.4 Your account balance ("Account Balance") is the amount
of accrued FreeD winnings or losses from playing the Games, less any amounts previously
cashed out by you or amounts forfeited or reclaimed by NoPayPOKER. All FreeD winnings
may take up to 24 hours to appear in your Account. Except as otherwise required
by each bonus restriction or our security team, you may request to withdraw any
or all of your Account Balance at any time and there is no requirement to play the
Games in order for you to make such request. All amounts cashed out are subject
to the transaction limits and processing fees as set forth at NoPayPOKER.com and
may change from time to time in NoPayPOKER's sole discretion. Further, NoPayPOKER
may report and withhold any amount from winnings as required by law, and in any
event, all federal, state and local taxes due in connection with any winnings awarded
to you are your sole liability. In no event may Account Balances be transferred,
substituted or redeemed for any other prize. Payment of funds withdrawn shall be
made by check, wire, credit card and/or any other manner, which NoPayPOKER selects,
in its sole discretion. Payments will be made as promptly as possible, subject to
any reasonable necessary security reviews by NoPayPOKER.
6.5 In order for you to receive any bonuses or prizes, you may
be required to receive money from us. NoPayPOKER reserves the right to sub contract
and use third party payment processors and/or financial institutions ("Electronic
Service Providers" or "ESPs") to process such financial transactions.
In furtherance of such processing, you irrevocably authorize us, as necessary; to
instruct such ESPs to handle withdrawals from your NoPayPOKER Account. Further, you agree to
be bound by the terms and conditions of use of each applicable ESP, and in the event
or conflict between this Agreement and the ESP's terms and conditions of use, then
this Agreement shall prevail.
6.6 To maintain a high level of security, NoPayPOKER reserves the
right to conduct a security review at any time to validate your identity, verify
your financial transactions and further document your consent to this Agreement.
As such you authorize us and our agents to make any inquiries with any third party,
we and they consider necessary to validate the information you provide to us. This
may include ordering a credit report and/or otherwise verifying the information
against third party databases. In addition, to facilitate these security checks,
you agree to provide such identification or other information or documentation as
NoPayPOKER, in its unfettered discretion, deems necessary. If you fail to comply
with any security request, NoPayPOKER reserves the right to void your Account. You
will be notified of such verification request by electronic mail and Account Balances
will be forfeited if you do not sign and return any required affidavit of identity
and eligibility, release of liability and/or publicity authorization.
6.7 NoPayPOKER reserves the right to refuse or limit any player
activity associated with any Games in its sole discretion.
6.8 If NoPayPOKER finds any evidence or has any suspicion that
you have attempted or intend to undertake any of the foregoing or have otherwise
tampered or will otherwise tamper with The Service or the operation of The Service
in any way, in addition to any other remedies available to it, NoPayPOKER may withhold
payment of any prizes or winnings.
6.9 As part of The Service, NoPayPOKER may provide other games
and/or services from time to time such as but not limited to
Premium Membership.
6.10 All games, unless modified by NoPayPOKER, will be operated
and played in accordance with the rules formulated by NoPayPOKER as applicable.
6.11 NoPayPOKER may, in its absolute discretion, alter or amend
or withdraw any game from The Service or any part thereof, at any time, and may
alter prices, features, specifications, capabilities, functions and/or other characteristics
of The Service, or individual games.
6.12 NoPayPOKER reserves the right to terminate your access to
The Service at any time, for any reason.
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7. MEMBER CONDUCT |
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All communications should be in English. You acknowledge that NoPayPOKER does not
pre-screen Content, but that NoPayPOKER reserves the right to edit, delete, or refuse
to post any Posting that violates these Terms and Conditions, as well as revoke
the privileges of any user who does not comply with these Terms and Conditions.
Specifically, you agree NOT to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, pornographic, invasive of another's privacy or publicity rights,
or that would constitute or encourage a criminal offense, or give rise to liability,
that is hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a NoPayPOKER
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. distribute or otherwise publish any Postings containing any solicitation of funds,
endorsements (including of a religious, political, sexual orientation, or social
cause nature), promotions, or advertising, or solicitations of any kind or nature.
e. solicit other NoPayPOKER' users to join or become members of any commercial online
service or other organization or group (profit, non-profit, religious, social, political,
or otherwise)
f. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through The Service;
g. upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
h. upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
i. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as our shopping mall or classified ad sections) that
are designated for such purpose;
j. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
k. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of The Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
l. interfere with or disrupt The Service or servers or networks connected to The
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to The Service;
m. intentionally or unintentionally violate any applicable local, state, national
or international law,
n. "stalk" or otherwise harass another; or
o. collect or store personal data about other users.
p. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of The Service, use of The Service, or access to
The Service.
q. Cheat or utilize third-party games or code in order to gain awards at, or gain
Points from, or change Rankings from any NoPayPOKER tournament. You understand that
all information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not NoPayPOKER, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
NoPayPOKER does not control the Content posted via The Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
NoPayPOKER makes every effort to moderate postings. However, you understand that
by using the Service, you may be exposed to Content that is offensive, indecent
or objectionable;
However, we appreciate that you inform NoPayPOKER about abuse so we can deal quickly
and appropriately with it. Under no circumstances will NoPayPOKER be liable in any
way for any Content, including, but not limited to, any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via The Service.
You acknowledge and agree that NoPayPOKER may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Agreement; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of NoPayPOKER, its users
and the public. You understand that the technical processing and transmission of
The Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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8. ARTIFICIAL INTELLIGENCE |
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8.1 NoPayPOKER is committed to detecting and preventing software
programs which are designed to enable artificial intelligence (non-human) to play
on our site. Such programs are often designed to send information about cards, dice
or players to an external program. Information sent to an outside program is not
permitted. NoPayPOKER will take measures to prevent and detect the use of such programs
using methods including but not limited to screen scraping or reading all associated
data storage devices or reading the list of currently running programs on a player’s
computer for information directly related to such programs, where we have a reasonable
belief such information will protect the interest of the players and fair play at NoPayPOKER.
8.2 The user agrees to allow NoPayPOKER to upload and store this
information for the use described above.
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9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE |
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NoPayPOKER does not claim ownership of Content you submit or make available for
inclusion on The Service except where stated otherwise, including but not limited to
Poker/Game Skins. However, with respect to all other Content you submit or make available
for inclusion on publicly accessible areas of The Service, you grant NoPayPOKER
the following world-wide, royalty free and non-exclusive license(s), as applicable:
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With respect to Content you submit or make available
for inclusion on publicly accessible areas of NoPayPOKER (including but not limited
to: photos, graphics, audio or video), the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on The Service.
This license exists only for as long as you elect to continue to include such Content
on The Service and will terminate at the time you remove or NoPayPOKER removes such
Content from The Service.
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With respect to Content other than photos, graphics, audio or video that you submit
or make available for inclusion on publicly accessible areas of The Service, the
perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in any format
or medium now known or later developed. |
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Publicly accessible areas of The Service are those areas of the NoPayPOKER network
of properties that are intended by NoPayPOKER to be available to the general public. |
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10. SITE PROMOTIONAL CURRENCY (hereafter "FreeD") |
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10.1 FreeD will be awarded by NoPayPOKER in accordance with terms
listed on the NoPayPOKER website. Such terms may be amended from time to time and
interpreted by NoPayPOKER at its sole discretion. Beneficiaries will not be notified
of any changes to these terms or their FreeD allocation but can check the NoPayPOKER
website for the accumulated number of FreeD and the current terms.
10.2 You have 7 business days from the day that FreeD are awarded
to your account to contest the number of FreeD awarded and to provide written notice
to NoPayPOKER of any error in the number of FreeD awarded. After 7 business days
after the date of the award, you will be considered to have irrevocably accepted
the number of FreeD awarded and waive any rights to contest the number at a later
date.
10.3 All FreeD will be issued on a free of charge basis and have
a nil current value. In themselves, FreeD have no intrinsic value but may be used
to indicate a players’ right to participate in future promotions or activities.
10.4 Any projected valuation of FreeD are purely a hypothetical
concept based on events or promotions that may not transpire. As such, these projected
valuations are neither a market place to transact the FreeD or an indication for
others to do the same. NoPayPOKER reserves the right to change these projected valuations,
and/or the criteria for these projected valuations, at any time and without prior
notice.
10.5 Any returns either monetary or in kind, due to FreeD awards
will be distributed on a schedule to be determined at NoPayPOKER’s absolute discretion.
There is no guaranteed payment associated with the FreeD and past allocations are
not an indication of future payments.
10.6 Any returns will be made to the Player’s NoPayPOKER account
10.7 Any projected or estimated values that are directly or indirectly
indicated within correspondence, the NoPayPOKER website or any other communications
are not binding and may be retracted at any time. There is no guarantee that the
Beneficiaries will receive any economic benefit with respect to receiving FreeD.
10.8 You have no rights to pass on your entitlement to other persons
and forfeit all rights at death at which point your FreeD allocation and future
rights will be cancelled
10.9 You will be responsible for paying any due taxes on your entitlement.
10.10 You must agree to receive all communication via email.
10.11 You must maintain your active player account to keep your
allocation of player awarded FreeD. You will forfeit any associated FreeD if your
account is deemed to have lapsed, become inactive or have been terminated. The definition
of an inactive player account may be found in clause 10.14. Such terms may be amended
from time to time and interpreted by NoPayPOKER at its sole discretion. You will
not be notified of any changes to these terms but can check the NoPayPOKER website
for the current terms.
10.12 Your referral must maintain their active player account for
you to keep your allocation of referral awarded FreeD. You will forfeit any associated
FreeD if the referral’s account is deemed to have lapsed, become inactive or have
been terminated. The definition of an inactive player account may be found in clause
10.14. Such terms may be amended from time to time and interpreted by NoPayPOKER
at its sole discretion. You will not be notified of any changes to these terms but
can check the NoPayPOKER website for the current terms.
10.13 You will forfeit all rights to FreeD promised or already
allocated from any source if this agreement is deemed to have lapsed, become inactive
or have been terminated for any reason whatsoever.
10.14 You agree to indemnify, hold harmless, not to sue, and agree
that you have no legal right to any action against NoPayPOKER, associated companies,
directors, agents or service providers with regard to the FreeD offering, associated
payments, prizes or promotions.
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11. ABANDONMENT OF ACCOUNT AND/OR ACCOUNT BALANCE |
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11.1 If you do not access your NoPayPOKER
account by "logging in" to your Account through the NoPayPOKER software, using your
User ID and password, for a period of ninety (90) days, at NoPayPOKER's sole discretion
your Account Balance may be deemed abandoned and forfeited. Such requirement for
log in is not and does not constitute any requirement whatsoever for you to play
any Game or participate in any activity at NoPayPOKER other than logging in.
11.2 If you do not access your NoPayPOKER account by "logging in"
to your Account through the NoPayPOKER software, using your User ID and password,
for a period of one (1) year, at NoPayPOKER's sole discretion your Account may be
deemed abandoned and as a result, closed, with all associated records deleted. Such
requirement for log in is not and does not constitute any requirement whatsoever
for you to play any Game or participate in any activity at NoPayPOKER other than
logging in.
11.3 Terms 11.1 and 11.2 will not apply whilst you are an active
Premium Member subscriber, as described and verified by NoPayPOKER. In those circumstances
both your account balance and account details will be maintained regardless of login
activity for the entire period of your Premium Member subscription. If and at such time
that your subscription periods ends, both terms 11.1 and 11.2 will be applied based on
your last login date. |
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12. ERRORS & OMMISSIONS |
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12.1 If there is any discrepancy between
the gaming results on your computer and the results on the game server for The Service,
the results on the game server for The Service shall be final and binding. If there
is any discrepancy between your on-screen display and the balance in your Account,
the balance held on NoPayPOKER’s server is deemed to be the balance in your
Account and this determination shall be final and binding. You will forfeit any
amounts shown to be in your Account that result from human error or technical default.
12.2 If you are incorrectly awarded any winnings as a result of
(a) any human error on the part of the NoPayPOKER or (b) any bug, defect or error
in the Software or (c) the failure of The Service to operate in accordance with
the rules of The Service then the NoPayPOKER will not be liable to pay you any such
winnings and you agree to refund any such winnings that may have been paid to you
by NoPayPOKER as a result of such error or mistake.
12.3 NoPayPOKER and their respective licensees, distributors, parents,
subsidiaries, affiliates and all of their officers and directors and employees will
not be liable for any damages which may be caused by the interception or misuse
of any information transmitted over the Internet. |
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13. INDEMNITY |
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You agree to indemnify and hold NoPayPOKER, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of The Service, your connection to The Service, your violation
of the Agreement, or your violation of any rights of another. |
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14. GENERAL PRACTICES REGARDING USE AND STORAGE |
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You acknowledge that NoPayPOKER may establish general practices and limits concerning
use of The Service, including but not limited to the maximum number of days that
any uploaded Content will be retained by the Service, and the maximum disk space
that will be allotted on NoPayPOKER' servers on your behalf. You agree that NoPayPOKER
has no responsibility or liability for the deletion or failure to store any information
and other communications or other Content maintained or transmitted by The Service.
You acknowledge that NoPayPOKER reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that NoPayPOKER
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice. |
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15. MODIFICATIONS TO SERVICE OR PRICE OF SERVICE |
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NoPayPOKER reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, The Service (or any part thereof) with or without notice.
You agree that NoPayPOKER shall not be liable to you or to any third party for any
modification, suspension or discontinuance of The Service.
NoPayPOKER reserves the right at any time to modify the fees charged for The Service,
or any part of The Service thereof. If NoPayPOKER does change the fees for the Service,
it will give 30 days notice to all current members via email (using the email address
provided by members during registration or subsequently modified by members). Current
annual members will not be affected by any new annual rate until the arrival of
their annual membership renewal date, beginning 30 days from the date the email
notification was sent. Monthly members will not be affected by any new monthly rate
until 30 days from the date the email notification was sent. Anyone who does not
wish to participate in The Service at the new rates has the option to terminate
their membership according to the termination procedure outlined below.
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16. TERMINATION OF MEMBERSHIP |
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16.1 This Agreement is effective from the date you click on the
"ACCEPT" button and it shall continue in effect until terminated in accordance
with its terms.
16.2 NoPayPOKER may terminate this Agreement at any time, and for
any reason whatsoever in its sole and absolute discretion with or without notice
to you. In particular NoPayPOKER may immediately terminate this Agreement without
notice if: |
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you fail or refuse to pay any amount due to NoPayPOKER; |
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you breach any of the terms of this Agreement in any way including your representations,
warranties or covenants given in this Agreement; |
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any statement or information you provide to The Service Providers is untrue, false
or misleading whether now or at any time that you play at The Service |
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you are committing any offence; or |
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you cause to be published on, and/or sent via, the Site or through any other means
any actual or potentially defamatory, offensive, harmful or obscene language or
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your account is deemed inactive or abandoned as defined in section 11 of this Agreement. |
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16.3 You may terminate this Agreement at any time by prior written
notice by Contacting Us and
listing your full account details (Username, First Name, Last Name, Registered Email
Address, Residential Address) so we can verify your proper authority. You must also
include a clear message of your intention to terminate the agreement.
16.4 Termination of additional services such as Premium Membership, may require
separate and additional actions on your part to ensure no further payments are taken from your
credit card or ESP where those payments are managed by the credit card or ESP. Termination of any
additional services such as Premium Membership will not entitle you to any refund on any remaining
period or balance. NoPayPOKER takes no responsibility or liability for any payments made after you
have requested the Termination of this Agreement or Premium Membership. NoPayPOKER will credit you
for any erroneous payments at its sole discretion and minus any costs and transaction fees.
16.5 On termination of this Agreement you shall immediately:
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discontinue use of The Service and any associated software or games;
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pay all amounts due and owing to NoPayPOKER; and |
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certify destruction of, all full or partial copies of the software, related documentation
and materials in your possession, custody power or control. |
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16.6 On termination of this Agreement any balance in your account or remaining subscription
period will forfeited by you. If this Agreement is terminated as a result of your default
then you will be liable to NoPayPOKER for any damages suffered. |
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17. DEALINGS WITH ADVERTISERS AND SPONSORS |
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17.1 Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through The Service, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that NoPayPOKER shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on The Service.
17.2 NoPayPOKER makes no claims, endorsements, assertions, warrantees
or other guarantees regarding offers or services supplied by sponsors or advertisers.
Any description by NoPayPOKER should be considered incomplete and are subject to
change at any time. Such descriptions cannot be used as a basis of any decision
by you in regard to the purchase or take up of any offer or service. You agree that
any purchase or relationship entered by you with any advertiser or sponsor is at
your sole discretion. You further acknowledge and agree that NoPayPOKER shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
17.3 Your account may be closed and all funds forfeited if NoPayPOKER
has any cause to belive you have provided information or made any statement to any
advertiser or sponsor, represented on, or found through NoPayPOKER, that is untrue,
false, incorrect or misleading.
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18. LINKS |
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The Service may provide, or third parties may provide, links to other web sites
or resources. Because NoPayPOKER has no control over such sites and resources, you
acknowledge and agree that NoPayPOKER is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that NoPayPOKER
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource. |
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19. NOPAYPOKER'S PROPRIETARY RIGHTS |
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19.1 You acknowledge and agree that The Service and any necessary
software used in connection with The Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through The Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by NoPayPOKER or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on The Service or the Software, in whole or in part.
19.2 NoPayPOKER grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer
or a network of computers located within a single building or vessel at a time;
provided that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access The Service by any means other than through the interface that
is provided by NoPayPOKER for use in accessing The Service.
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20. DISCLAIMER OF WARRANTIES |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. NOPAYPOKER EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. NOPAYPOKER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOPAYPOKER
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE AGREEMENT.
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21. LIMITATION OF LIABILITY |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOPAYPOKER SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF NOPAYPOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES
(COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR
USE OF THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD
PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
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22. EXCLUSIONS AND LIMITATIONS |
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
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23. NOTICES |
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Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the Agreement or other matters by displaying notices
or links to notices to you generally on The Service.
Notices to NoPayPOKER can be emailed to: support@NoPayPOKER.com.
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24. TRADEMARK INFORMATION |
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NoPayPOKER, NoPayPOKER logos, and other logos and product and service names added
to The Service are trademarks of NoPayPOKER (the "NoPayPOKER Marks").
Without NoPayPOKER's prior permission, you agree not to display or use in any manner,
the NoPayPOKER Marks.
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25. COPYRIGHTS |
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NoPayPOKER respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please contact NoPayPOKER and provide the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
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26. GENERAL INFORMATION |
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26.1 This Agreement (in addition to the other terms and conditions
that appear on the website) constitutes the entire agreement between you and NoPayPOKER
and governs your use of The Service, superceding any prior agreements between you
and NoPayPOKER. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party software.
26.2This Agreement shall be governed by the laws of England and
Wales as are in force from time to time including, without limitation, the Electronic
Communications Act, 2000 (C.7). By accepting this Agreement, you agree to submit
to the exclusive jurisdiction of the location that NoPayPOKER determines in its
sole discretion in respect of any disputes arising out of, or connected with, this
Agreement or any service provided by NoPayPOKER. Nothing in this paragraph shall
prevent NoPayPOKER from applying to the courts of any jurisdiction for such provisional
or protective measures as are available under the laws of that jurisdiction. The
failure of NoPayPOKER to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision. If any provision of the
Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Agreement
remain in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use of
The Service or the Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
26.3 The terms and conditions of this Agreement that by their sense
and context are intended to survive after performance hereunder shall survive the
termination or expiration of this Agreement.
26.4 Any provision of this Agreement that is invalid, illegal or
unenforceable in any jurisdiction will be ineffective in that particular jurisdiction,
without affecting the validity, legality or enforceability of that provision in
other jurisdictions, or invalidating the remaining provisions of this Agreement.
26.5 If NoPayPOKER need to contact you or give you formal notice
under this Agreement they will make such contact or give notice by any reasonable
means in the circumstances based on the information that they hold about you or
that you have provided them with. Such contact or notice may be by email, letter,
fax, other electronic communication or otherwise. If NoPayPOKER uses the details
that it holds on you to serve notice then you will be deemed to have received the
notice within a reasonable time after NoPayPOKER sends it. You agree that you will
notify NoPayPOKER if your contact details change.
26.6 NoPayPOKER shall not be liable to you for any failure to comply
with their obligations under this Agreement to the extent that such failure is beyond
their reasonable control.
26.7 You may not assign this Agreement to any third party without
NoPayPOKER’s prior written consent. Subject to that restriction, this Agreement
will be binding on and inure to the benefit of, each of the parties respective successors
and assigns. NoPayPOKER may assign, transfer or novate any or all of their rights
and obligations under this Agreement to any third party.
26.8 The original text of this Agreement is in English and any
interpretation of this Agreement will be based on the original English text. If
this Agreement or any documents or notices related to it are translated into any
other language, the original English version will prevail.
26.9 The section titles in the Agreement are for convenience only
and have no legal or contractual effect.
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27. VIOLATIONS |
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Please report any violations of the Agreement to our Customer Service group by clicking
Here. |
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