End User License Agreement
This End User License Agreement (the ‘Agreement’) sets forth the terms and conditions for the use of partner’s websites and the client software players may access or download from the partner’s site. The Agreement should be read by the poker player (the ‘User’ or ‘You’) in its entirety. By accepting the services provided herein or by downloading the client software or by using any of the other features, You will be deemed to have accepted and agreed to the Terms and Conditions and License provisions contained herein.
In the event that You have any questions about these Terms and Conditions and End User License Agreement, please contact [email protected] before accepting this Agreement.
Introduction to the Software and Your Permitted Use thereof:
The client game software that the player has downloaded or is about to download from the partner’s website (the ‘Software’) is being licensed to you by WPN for the player’s private personal use solely on an ‘AS IS’ basis. The poker services accessible through the Software provide for play of poker games hosted on a remote server(s) by a Poker Network consisting of a Poker Platform which may provide for pooling players from a variety of sources, including WPN, into common, shared player pools, games and tournaments.
1. GRANT OF LICENSE to YOU: Subject to the terms and conditions contained herein, WPN grants the User a non-exclusive, personal, non-transferable right to download, install and use the Software as a client in order to access the Servers and play the Games and for no other purpose.
Please note that You are prohibited from using partner’s website or the Software if You are (i) under 18 years of age, (ii) a person under the legal age of majority in Your jurisdiction, or (iii) connecting to the Site from a jurisdiction from which such use is prohibited or it would be illegal for WPN to offer such software for download or provide the services related to Your use of the Software.
1.1 Using the Software: As a User, the poker player is licensed to use the Software, together with the unique Player ID (‘Player ID’) and unique and secret password (‘Password’) chosen by and known only to the poker player, to access the WPN servers (the ‘Servers’) in order to play ‘play for real money’ or ‘play for play money (no chip value)’ games (the ‘Games’). (‘Play money’ chips and balances have no value, WPN reserves the right to eliminate any balance of play money chips held by the player at any time, or to offer as a promotion or marketing incentive program to convert some or all of Your play money chips into whatever incentive WPN determines to provide You, in its sole discretion.)
1.2 The Software is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License does not grant a User any right to reproduce the design or publish screenshots of the design without express prior written permission from WPN.
1.3 Residents of the Commonwealth of Kentucky, State of Maryland, State of New Jersey, State of Delaware, State of Nevada or Washington State may not download and use the Software for any purpose. No license is granted hereunder to any User located within any jurisdiction where such offer of a license by WPN or use by such person thereof shall violate any applicable laws.
2. NO WARRANTIES by WPN: WPN disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to You ‘AS IS’. WPN provides You with no warranty or representation whatsoever regarding the Software or Games quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide You with service of the highest quality, WPN makes no warranty that the Site, the Software, the Games or the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
In the event that a Games system failure results in an interruption of the Games, and the Game play is not available to be resumed, then funds in play at the time of the interruption will be returned to such players that WPN determines were unable to play following the interruption of the Games. This policy does not extend to non-system failures, such as loss of power or internet access by the User.
3.1 UNDER AGE PLAY IS PROHIBITED. No one under the age of 18 may use the Software in any way. (If You are under 18 and use the software contrary to this license, you will not receive any prizes or funds, so do not bother to try.) Player age information is required and will be verified before any funds or prizes are paid out.
3.2 No license is granted hereunder to any User located within any jurisdiction where such offer of a license or use by such person thereof shall violate any applicable laws. Residents of the Commonwealth of Kentucky, State of Maryland, State of New Jersey, State of Delaware, State of Nevada or Washington State may not download and use the Software for any purpose.
3.3 User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. The Software is intended solely for your personal use. The use of artificial intelligence including, without limitation, ‘robots’ for play in the Games, is strictly forbidden. All actions taken in relation to the Games by a User must be executed through the user’s interface accessible by use of the Software. WPN reserves the right exercisable at its sole and complete discretion, to prohibit the use of the Software or access to the Servers by any User. WPN further reserves the right to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In the event that WPN in its sole discretion deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software, accessing the Servers or playing the Games, including without limitation a User who has colluded or attempted to collude with another User of the Software, WPN shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User’s account within the network and seizing all monies held in any relevant WPN ‘real money account’, including other accounts of said User, reversal or recovery of payments mistakenly made or induced by fraudulent conduct. Fraudulent, unlawful or improper activity includes, without limitation, engaging in credit card or financial fraud related, improper play in the Games, collusion, and other Game misconduct.
3.4 Unethical tactics such as “Grimming” (Also known as Buttoning or Angle-shooting) will not be tolerated at our games. The abuse of sitting and playing one hand at a new heads-up cash table and having received favorable blinds/button position, then immediately leaving the table after that single hand. WPN reserves the right, in addition to other measures to blocking access to the games to such User’s account for a period of time or terminating such User’s account in its sole discretion.
3.5 If a player is found to be intentionally to be violating the spirit of the game to influence payouts or general gameplay, WPN shall be entitled to immediately terminate such User’s account and seize all monies held in any relevant WPN ‘real money account’.
4. LIMITATION OF LIABILITY: Under no circumstances, including negligence, shall WPN be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software, the Games or your accessing the Site or the Servers, even if WPN had prior knowledge of the possibility of such damages.
5. SECURITY: You agree that You are solely responsible for all use of the WPN Software through Your Player ID and Password. You are obliged to keep Your Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of You and be deemed as Your use. Any liability or loss of funds arising from use of a Player ID and or Password through access to the software or otherwise shall be borne by the You and not WPN.
You acknowledge that, prior to payment of any account balance to You, WPN, in its discretion, may require You to e-mail in a copy of any payment means used to facilitate funding of deposits and execute a written acknowledgement of any deposits funded by any payment means, including stored value cards, debit cards, or credit cards.
6. Player Game Conduct: Abusive or offensive language or other behavior considered inappropriate by the Poker Room in the context of the product will not be tolerated. Bad behavior or language identified by the Poker Room or brought to its attention will be dealt with swiftly, and may result in a suspension or loss of playing privileges or such other action as may be decided by the Poker Room. WPN also prohibits using any language other than English or Spanish for communication or chat. Any controversy or dispute among any Players or between one or more Players and the Poker Room shall be settled by the Poker Room whose decision shall be final and binding in all respects. The Poker Room requires that all controversies or disputes be reported by email.
7. PERSONAL USE ONLY: Commercial use of the Software or any professional use as part of a business of betting or wagering is strictly forbidden. You are only allowed to play for Your personal entertainment and recreational play. You agree and represent that Your play in the Games is of a personal entertainment nature and that You are NOT engaging in the business of betting or wagering. In the event that WPN determines that the foregoing provision has been breached by a User, WPN reserves the right to immediately block access to the Games to such User, to terminate such User’s account with WPN and to seize all monies held in the relevant WPN ‘real money account’. Before You participate in playing poker at WPN, You are responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto.
8. DORMANT or INACTIVE ACCOUNTS/ACCESS FEE: On or after the last day each calendar month, WPN shall be entitled to suspend any User account which has not had any log in activity or game play for the prior 12 month period. In such event, the balance of any funds balance in said account(s) shall be retained by WPN in a pooled segregated suspense account and maintained for a period of 60 days thereafter. WPN shall give notice to the User that his/her account has been inactive for more than 12 months. Such notice shall be conclusively presumed to have been received by the User if sent by WPN by email to the email address of record provided by the User for said account. In the event that a User has opted out from receiving emails from Winning Poker Network, User shall be deemed to have waived any and all notice hereunder , In the event that a User shall validly claim said balance of suspense account funds within the 60 day holding period, WPN shall verify the identity and entitlement of said claimant (if any), may require an account holder to execute a written acknowledgement of any deposits funded by credit cards, and, thereafter shall pay the portion of the suspense account due to such User. At the expiration of the 60 Day Holding Period, all such balance amounts which remain unclaimed in the suspense account without an active log-in for another period of 3 months shall escheat to WPN as an Access Fee and compensation for account maintenance and having provided User access to the Games during the 12 months prior to the Holding Period. The balance of funds in any User account closed by WPN due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto. In the event that WPN shall receive notice that a User has died within the prior 12 months, the account balance(s) of such User shall be held pending presentation of proof of authority to claim such funds by the Executor or other authorized representative of the estate of the deceased User. In the event that a claim is made to WPN for an account balance by any person other than the User, WPN may require such claim to be proven in a court of law;any legal action by said claimant to prove such claim must be filed within 6 months of the date of such claim.
9. TERMINATION: Without prejudice to any other rights of WPN, WPN may immediately and unilaterally terminate this Agreement if you fail to comply with the terms and conditions contained herein or for any other reason or for no reason. In such event, you must destroy all of your copies of the Software. ANY suspicious or criminal activity will be promptly reported to the appropriate authorities. The balance of funds in any User account closed by WPN due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto.
10. AMENDMENT: WPN reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Client Software or access to the Site shall be conclusively deemed to attest to your agreement to any amendments to the Agreement.
11. GOVERNING LAW: The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Costa Rica. Each party irrevocably agrees that the relevant courts of Costa Rica shall have exclusive jurisdiction in relation to any claim, dispute or difference between them concerning the Agreement and any matter arising hereunder. You and WPN irrevocably waive any right that either may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. You expressly consent to personal jurisdiction of said courts over You and expressly agree to accept service of notice of any proceedings brought therein by transmitting said notice to You at the email address You have provided in Your Account. (This choice of forum and law governs only claims between the USER and WPN and shall not affect or limit any other right or remedy which WPN may hold against any third party related to the business of providing the games, including the provision of services to WPN by such third parties.)
12. SEVERABILITY: If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
13. SPECIFIC GEOGRAPHIC RESTRICTION: If You believe that You have a gaming problem, notify WPN by email or through the in-game live Host, if provided. WPN policy does not provide you with an option to self-set or change deposit limits at your discretion;rather your identity will be confirmed, and your account will be closed for real money gaming activity. WPN reserves the absolute right to itself review or use third party verification to review player activity in the Games or as reported by other gaming operators to profile and remove players access in its sole discretion.
14. RESPONSIBLE GAMING: If You believe that You have a gaming problem, notify the partner site by email. WPN policy does not provide you with an option to self-set or change deposit limits at your discretion;rather your identity will be confirmed, and your account will be closed for real money gaming activity. WPN reserves the absolute right to itself review or use third party verification to review player activity in the Games or as reported by other gaming operators to profile and remove players access in its sole discretion.
15. MARKETING INCENTIVES and BONUSES: You agree that WPN may, from time to time, in its sole discretion, offer You, or other customers, complimentary play or prizes or bonuses or marketing incentives (‘Bonuses’). Such Bonuses may be used by the player only in relation to the terms and conditions of such Bonus(es) and do not confer upon You any rights or interests in said Bonus(es) or marketing incentives until all conditions thereof have been satisfied. You agree that WPN may suspend or terminate any Bonus at any time prior to Your satisfaction of any such terms and conditions and You shall not be entitled to any compensation for incomplete satisfaction thereof. All raffle winners will have 7 days to contact our social network department (once announced) with the necessary information to claim the prize, otherwise the prize will be forfeited. (Such marketing incentives and bonuses may include, but are not limited to play incentives, contests, rake-back incentives, free play bonuses, freeroll tournaments, tournament tickets, or prizes, vacations, or any non-monetary rewards.)
16. ACCESS to ACTIVITY OTHER THAN POKER: From time to time, WPN may offer access through the Software to You to participate in activity or sports or gaming services other than playing poker. Such activity may include, but is not limited to the opportunity to access sports fantasy contests, fantasy sports pools, non-poker tournament play, casino games for play money or real money, online blackjack games. You agree that Your participation in such other activities is of a personal entertainment nature and that You are NOT engaging in the business of betting or wagering. You acknowledge and agree that WPN may offer such access to You as a convenience to You and that the activities or services may be provided by a Third Party other than WPN. by the player participation in any such non-poker activities, whether provided by WPN or a Third Party, You agree to be bound by all the terms and conditions thereof and agree and warrant that Your participation therein does not violate any applicable laws related to Your activities or Your access from wherever You participate therein.