These terms and conditions
constitute a legally binding agreement ("Agreement") between (a) you, the end
user, and (b) CardRoom.com and each of its officers, directors, agents,
employees, consultants, suppliers, vendors and affiliates (collectively,
"Company"). Please note that the Software, as defined below, is not for use by
individuals under 18 years of age or under the legal age of majority in their
jurisdiction (whichever the greater).
Applicability of Terms and Conditions.
By clicking on the "Accept," "Continue," or "I Agree" button or accessing,
using or installing any part of the software, you represent and warrant that
you fully understand and agree to comply with all of the following terms and
conditions, and that failure to abide by these terms and conditions may
result in disqualification, account closure, forfeiture of funds & prizes and/or
legal action against you. If you have any questions as to these terms and
conditions, we encourage you to seek independent counsel prior to clicking
on the "Accept" or "Continue" button.
Registration and the Games.
To play at CardRoom.com, you will need to first register for an account
("Account") by choosing a unique Account Name and password and entering
other information such as your first and last name, address, email and
telephone number. You agree to provide only true and current information and
you further agree to update this information as necessary to keep it true
and current. By registering at CardRoom.com, you will be able to access both
play money games and tournaments ("Play Money Games") and Premium Chips
games and tournaments ("Premium Chips Games"), collectively the CardRoom.com
games ("Games"). You agree to provide such forms of proof of identification
and age as requested by the Company to verify the validity of user profile
and payment information.
Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted poker rules and
procedures as may be posted from time to time on the CardRoom.com website
and/or Software, and any other page that governs any particular event, game
or tournament, all of which are specifically incorporated herein by way of
reference.
Limited Use.
The Games are for entertainment only, and your participation in the Games is
solely for your own personal enjoyment and non-professional use. You agree
to keep your Account information secret and confidential and to not allow
anyone else to use your account. CardRoom.com enforces a one account per
player policy. No purchase is necessary or required to play the Games. You
may play without betting any money. Any participation in the Games is at
your sole option, discretion and risk. By playing the Games, you acknowledge
that you do not find the Games or CardRoom.com to be offensive,
objectionable, unfair, or indecent. Any other entrance, access, or use of
CardRoom.com is strictly prohibited. Without limiting the forgoing,
purchase or sale of any Premium Chips, points or opportunity to win prizes
is strictly prohibited.
Legality of Participation in Games.
You may only participate in the Games if it is legal for you to do so
according to the laws that apply in the jurisdiction from where you are
connecting to CardRoom.com. You understand and accept that Company is unable
to provide you any legal advice or assurances and that it is your sole
responsibility to ensure that at all times you comply with the laws that
govern you and that you have complete legal right to play the Games.
Participation in the Games is void for whomever and/or wherever prohibited
by law. The Games are intended for adults only. Minors are prohibited from
playing.
No
Company Employees or Affiliates in Premium Chips Games.
If you are an officer, director, employee, consultant or agent of Company or
one of its affiliated or subsidiary companies, or suppliers or vendors, you
are not permitted to retain any winnings from participation in Premium Chips
Games.
Copyrights and Trademarks.
The terms CardRoom.com, CardRoom.com, Loyalty! Points, HeadHunter Challenge
and PokerFace are the trademarks, service marks and/or trade names of
Company. Further, all material on CardRoom.com, including but not limited to
images, pictures, graphics, photographs, animations, videos, music, audio,
text, and the Games belong to Company and are protected by copyright law.
You obtain no right to use such terms, graphics, text, concepts or
methodologies, by using CardRoom.com and the materials contained therein
and/or herein.
Software.
You may install and use the computer programs ("Software") available from
CardRoom.com on a hard disk or other storage device and make backup copies
of the Software, provided that such use and backup copying is only for your
own personal use for participating in the Games in accordance with this
Agreement, and further, that such installation and use is made through a
computer of which you are the primary user. The Software is owned by Company
and/or its licensors, and its structure, organization and code are the
valuable trade secrets of Company and its licensors. The Software is
protected by copyright law and international treaty provisions, and you
obtain no rights to the Software except to use it in accordance with this
Agreement. You are strictly prohibited from, and agree not to modify, adapt,
translate, reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Software or to create, publish or distribute
derivative works from the Software. The Software is licensed and distributed
by Company solely for the purpose of enabling end users of the Software to
fully utilize the Games. You may use the Software for online play only on
Company's servers. You agree not to create or provide any means (including,
without limitation, emulators) through which the Software may be used by
others, except for online play on Company's servers. You agree that the
Software will not be shipped, transferred or exported into any country or
used in any manner prohibited by any applicable laws, restrictions or
regulations.
Security Checks and Review and Releases.
To maintain a high level of security, Company 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.
To facilitate these security checks, you agree to provide such
identification or other information or documentation as Company, in its
unfettered discretion, deems necessary. If you fail to comply with any
security request, Company 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.
Disclosure to Third Parties.
Members are solely responsible for the security of their account passwords.
You agree to keep your Account information secret and confidential and to
not allow anyone else to use it. CardRoom.com and its representatives will
never ask any member to divulge his or her account password. CardRoom.com
will never require members to divulge their password through any form of
correspondence, including chat or e-mail, or by entering their password on
the
www.CardRoom.com website.
If you intentionally or unintentionally, directly or indirectly, disclose
your Account Name and/or password to another person, and such disclosure
results in a third party participating in the Games using your Account Name
and password, such participation shall be valid, and you will not be
refunded any resulting losses at CardRoom.com, regardless of whether or not
the third party had your consent or not. You accept full responsibility for
any such disclosure of account information and any resulting account access,
usage and results from participation in the Games. The Company shall not be
required to maintain Account Names or passwords if you misplace, forget,
lose, or are otherwise unable to enter CardRoom.com because of anything
other than Company's error.
Bonuses and Loyalty! Points.
Complimentary or bonus amounts credited by Company into your Account for
promotional purposes may only be used to play in the Games Loyalty! Points
are accumulated and spent in a Loyalty! Point account which is separate from
the Account employed for Premium Chips Games. Loyalty! Points may be
redeemed for products and services as notified from time to time on
CardRoom.com. Each Loyalty! Point, each regular chip and each Premium Chip
has a value of $0.00000000000000000001 and may not be redeemed for cash.
Suspension, Modification, Removal, Cancellation and Addition of Games.
Company reserves the right to suspend, modify, remove, cancel and/or add any Game (including, without limitation, tournaments) in its sole discretion and without notice. In the event of such suspension, modification, removal, cancellation or addition of any Game for any reason, Company will not be liable to award any prizes, but it may do so in accordance with any criteria it picks at its discretion.
Abusive or Offensive Language and Chat in English Only.
Abusive or offensive language will not be tolerated in the multi-player
Games or with Company staff. Any violation of this policy will result in a
suspension of playing privileges or such other action as may be required by
Company to ensure compliance. We realize that for many of our international
customers, English may not be their first language. However until we are
able to effectively moderate additional languages, our current policy at
CardRoom.com is for English-only when games are in session.
No
solicitation.
Commercial solicitation of any kind will not be tolerated in Table Chat or
User Profiles. Any violation of this policy will result in a suspension of
chat privileges or such other action as may be required by Company to ensure
compliance.
Confidentiality and Privacy Principles.
The Company is committed to protecting your personal information and
respecting your privacy in accordance with best business practices. By
disclosing your personal information to Company, you consent to the
collection, storage, transfer and processing of your personal information
for the purpose of completing your Account related transactions and for
Company's internal administration and analysis. Further, to provide you with
better service, Company will collect information from you through various
technologies, including the use of cookies, and may inform you of changes,
new services and promotions that Company determines you may find
interesting. Moreover, Company has the right to access and disclose your
information as necessary to properly operate Company systems, protect
Company and other end users, and to comply with any regulatory or
governmental requests. Because of the complex and constantly changing nature
of our technology and business, Company does not guarantee error-free
performance regarding the privacy of your personally identifiable
information and Company shall not be liable for any incidental,
consequential or punitive damages relating to the use or release thereof. By
accepting any prize and/or winnings from Company, you consent to the use of
your name and/or likeness for advertising and promotional purposes without
additional compensation except where prohibited by law.
Abandonment of Account.
CardRoom.com reserves the right to cancel your Account for any reason
whatsoever at any time without notice to you. If you do not access your
Account by "logging in" to your Account by using your Account Name and
password for a period of one hundred and eighty (180) days, your Account
will be closed and the entire Account Balance will be deemed abandoned and
forfeited; provided however, such requirement for log-in and entry is not
and does not constitute any requirement whatsoever for you to play any Game,
deposit funds or participate in any activity at CardRoom.com, other than
logging in.
Forfeiture, Account Closure and Confiscation.
Company reserves the right, in its unfettered discretion, to void any
winnings. confiscate any balance in your Account (as well as any other
Company related account), suspend your account, or ban your from the site,
in any of the following circumstances: i. If you have more than one active
account at CardRoom.com; ii. If the name on your Account registration does
not match the name on the credit card(s) or other payment accounts used to
make purchases at CardRoom.com; iii. If you participate in a CardRoom.com
promotion and withdraw before fulfilling the requirements of that particular
promotion; iv. If you provide incorrect or misleading registration
information; v. If you are not of legal age to play the Games in the
jurisdiction from which you connect to CardRoom.com; vi. If you connect from
a jurisdiction where participation in the Games is prohibited by law; vii.
If you sell, purchase, offer for sale or offer to purchase chips, Premium
chips, or opportunity to win prizes; viii. If you are found cheating
(including, without limitation, dumping of Premium Chips) or if it is
determined by Company that you have employed or made use of a system
(including machines, computers, software or other automated systems)
designed specifically to defeat the system; ix. If you fail to comply with
any of the terms and conditions set forth in this Agreement; OR x. If
Company should become aware that you have played at any other online gaming
site under any of the circumstances described in i) to ix) above.
Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have cheated or
attempted to defraud the Games, CardRoom.com or Company in any way including
but not limited to game manipulation and sale of Premium Chips, or if you
make untrue and/or malicious comments with regard to Company's operation,
Company reserves the right to publicize your actions together with your
identity and email address, as well as to circulate this information to
other online gaming sites, banks, credit card companies, and appropriate
agencies. Further, Company may close any accounts, and forfeit account
balances, that you have at CardRoom.com or at any other Company website,
casino and/or business.
Indemnity.
You agree to hold Company, its employees, officers, directors, licensees,
licensors, affiliates, and subsidiaries harmless and further agree to fully
indemnify them from any and all costs, expenses, liabilities and damages
whatsoever that may arise as a result of your entry, use, or reuse of
CardRoom.com participation in the Games, or breach of any of the terms and
conditions of this Agreement.
NO
WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO CardRoom.com, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN
THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. COMPANY SHALL NOT BE
LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE
GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. CardRoom.com,
THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE
FUNCTIONS CONTAINED IN CardRoom.com, THE GAMES OR THE SOFTWARE WILL MEET
YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERRUPTED OR ERROR
FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF CardRoom.com,
THE GAMES AND THE SOFTWARE LIES WITH YOU. COMPANY'S MAXIMUM LIABILITY TO YOU
OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF
CardRoom.com, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR
IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS
CardRoom.com. COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING
OUT OF THIS AGREEMENT OR YOUR USE OF CardRoom.com, THE GAMES, OR THE
SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT,
EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE,
BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER
EQUIPMENT OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT
OR BACKUP NETWORK AND/OR SYSTEMS.
Settlement of Disputes.
You fully accept and agree that the random number generator ("RNG") software
will determine the outcome of the Games. Further, in the event of a
discrepancy between the result showing on the Software and the gaming
server, the result showing on the gaming server shall be the official and
governing result of the Game. Moreover, you understand and agree that
CardRoom.com and Company records shall be the final authority in determining
the terms of your participation in the Games, the activity resulting there
from and the circumstances in which they occurred.
Notices.
If you have any dispute with regard to any outcome in the Games or other
activity at CardRoom.com, you must submit your complaint to Company in
writing within fourteen (14) days of incident by email to
support@CardRoom.com.
Governing Law.
This Agreement shall be governed by and construed in accordance with the
laws of Florida without giving effect to conflicts of law principles. This
Agreement will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is expressly
excluded. If any part of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms.
Entire Agreement, Modification and Amendments.
You fully understand and agree to be bound by the terms and conditions
contained herein and as modified and/or amended from time to time. Company
reserves the right to modify and amend this Agreement at any time with or
without notice. Such amendments will become effective immediately upon being
posted at CardRoom.com. It is your sole responsibility to review this
Agreement and amendments hereto each time you play. The terms and conditions
contained herein represent the complete and final agreement between you and
Company and supersede any and all prior agreements, representations or
statements made by Company.
This
Agreement supersedes and replaces all prior versions of this Agreement.
Version 0.4
Dated September 15, 2009.
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