1. ACCEPTANCE OF TERMS
NoPayPOKER.com, (is owned and operated
by NoPayPOKER.Com, 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 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.
2. DESCRIPTION OF SERVICE
2.1 Located in San José, Costa Rica, NoPayPOKER 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 immediately stop using
the software and services provided by NoPayPOKER.
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.
3. REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
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:
- You are of sufficient legal age, and are
legally allowed, to use The Service in the local jurisdiction ;
- you are not classified as a compulsive
gambler;
- 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;
- you will not manage directly or indirectly more than one
account, regardless of the ownership of those accounts and when they
are in operation;
- you will not operate more than one account per household.
- 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;
- 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;
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
4. NOPAYPOKER
PRIVACY POLICY
Registration Data and certain other information about you are
subject to our Personal Privacy Policy.
5. USERNAME,
PASSWORD & SECURITY
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:
- 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;
- provide details of Account to the police or
other investigatory agency pursuant to a request issued by them;
- seek verification of any information provided
by you in relation to your Account; or
- 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.
6. THE SERVICE RULES
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 the
Tell-A-Friend and Promotional Bonus sections, all of which are
specifically incorporated herein by way of reference.
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 Account and
you irrevocably agree that NoPayPOKER may give such instructions on
your behalf. 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.
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.
7. MEMBER CONDUCT
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.
8. ARTIFICIAL
INTELLIGENCE
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.
8.2 The user agrees to
allow NoPayPOKER to upload and store this information for the use
described above.
9. CONTENT SUBMITTED
OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
NoPayPOKER does not claim ownership of Content you submit or make
available for inclusion on The Service. However, with respect to 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:
- 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.
- 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.
- 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.
10. SITE PROMOTIONAL CURRENCY (hereafter "FreeD")
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.
11. ABANDONMENT OF ACCOUNT AND/OR ACCOUNT BALANCE
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.
12. ERRORS & OMMISSIONS
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.
13. INDEMNITY
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.
14. GENERAL
PRACTICES REGARDING USE AND STORAGE
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.
15. MODIFICATIONS TO
SERVICE OR PRICE OF SERVICE
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.
16. TERMINATION OF
MEMBERSHIP
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:
- you fail or refuse to pay any amount due to
NoPayPOKER;
- you breach any of the terms of this Agreement
in any way including your representations, warranties or covenants
given in this Agreement;
- 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
- you are committing any offence; or
- 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 material.
- your account is deemed inactive or abandoned as defined in
section 11 of this Agreement.
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 On termination of
this Agreement you shall immediately:
- discontinue use of The Service and any associated software or games;
- pay all amounts due and owing to NoPayPOKER;
and
- certify destruction of, all full or partial
copies of the software, related documentation and materials in your
possession, custody power or control.
16.5 On termination of
this Agreement any balance in your account 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.
17. DEALINGS WITH ADVERTISERS AND SPONSORS
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.
18. LINKS
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.
19. NOPAYPOKER'S
PROPRIETARY RIGHTS
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.
20. DISCLAIMER OF
WARRANTIES
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.
21. LIMITATION OF
LIABILITY
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.
22. EXCLUSIONS AND
LIMITATIONS
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.
23. NOTICES
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.
24. TRADEMARK
INFORMATION
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.
25. COPYRIGHTS
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
26. GENERAL
INFORMATION
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.
27. VIOLATIONS
Please report any violations of the Agreement to our Customer
Service group by clicking
here.
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