Terms and Conditions
***PLEASE NOTE: WE DO NOT ACCEPT US PLAYERS FOR
REAL MONEY GAMES***
These terms and conditions constitute a legally binding agreement
("Agreement") between you, the end user, and TheOnlyPoker.com and each
of its officers, directors, agents, employees, consultants, suppliers,
vendors and affiliates (collectively, "the 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).
1. Applicability of Terms and Conditions.
By clicking on the "Accept," "Continue," or "I Agree" button or by
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.
2. Registration and the Games.
To play at TheOnlyPoker.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 TheOnlyPoker.com, you will be able to access play money
games and tournaments ("Play Money Games") and Real Money games and ("RM
Games") and tournaments, collectively the TheOnlyPoker.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.
By registering at TheOnlyPoker.com,
you will be able to access Play Money games ("PM Games") and Real Money
games ("RM Games") as well as tournaments, collectively the
TheOnlyPoker.com games ("Games"). You agree to provide verification
forms and documents as proof of identification, age and the validity of
user profile and payment information, as requested by the Company.
3.
Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted
poker rules and procedures posted on the website
www.TheOnlyPoker.com/poker-rules/.
4.
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.
TheOnlyPoker.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 TheOnlyPoker.com to be offensive, objectionable,
unfair, or indecent. Any other entrance, access, or use of
TheOnlyPoker.com is strictly prohibited. Without limiting the forgoing,
purchase or sale of any Bonus Chips, or TOP reward points is strictly
prohibited.
5. 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
TheOnlyPoker.com. You understand and accept that the 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.
6. No Company Employees or Affiliate
Company in Real Money Chip Games.
If you are an officer, director,
employee, consultant or agent of the Company or one of its affiliated or
subsidiary companies, or suppliers or vendors, you are not permitted to
retain any winnings from participation in Real Money Chip Games.
7.
Copyrights and Trademarks.
The terms 'TheOnlyPoker.com',
'TheOnlyPoker Rewards Points', 'TOP Points', are the trademarks, service
marks and/or trade names of the Company. Further, all material on
TheOnlyPoker.com, including but not limited to images, pictures,
graphics, photographs, animations, videos, music, audio, text, and the
Games belong to the Company and are protected by copyright law. You
obtain no right to use such terms, graphics, text, concepts or
methodologies, by using TheOnlyPoker.com and the materials contained
therein and/or herein.
8. Software.
You may install and use the
computer programs ("Software") available from TheOnlyPoker.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 the Company
and/or its licensors, and its structure, organization and code are the
valuable trade secrets of the 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 the 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 the 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 the 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.
9. Security Checks
To maintain a
high level of security, the 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 the
Company, in its unfettered discretion, deems necessary. If you fail to
comply with any security request, the 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.
10.
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. TheOnlyPoker.com and its representatives will never ask any member
to divulge his or her account password. TheOnlyPoker.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.TheOnlyPoker.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 TheOnlyPoker.com, regardless of whether
or not the third party had your consent. You accept full responsibility
for any such disclosure of account information and any resulting account
access, usage and any outcome 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
TheOnlyPoker.com because of anything other than the Company's error.
11. Bonus Money and TOP Reward Points.
Complimentary bonus money,
TOP Points or bonus amounts credited by the Company into your Account
for promotional purposes may only be used to play in the Games. TOP
Points are separate from the Bonus Money Account. TOP Points may be
redeemed for products, services, and feature tournaments where TOP
points are accepted/used to buy tournament chips as notified from time
to time on TheOnlyPoker.com.
12. Suspension, Modification, Removal,
Cancellation and Addition of Games.
The 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, the Company will not be liable to
award any prizes, but it may do so in accordance with any criteria it
picks at its discretion.
13. Abusive or Offensive Language and Chat
in English Only.
Abusive or offensive language will not be tolerated
in the multi-player Games or with the Company staff. Any violation of
this policy will result in a suspension of playing privileges or such
other action as may be required by the 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 TheOnlyPoker.com is for
English-only when games are in session.
14. 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
the Company to ensure compliance.
15. 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 the 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 the Company's internal administration and analysis.
Further, to provide you with better service, the 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
the Company determines you may find interesting. Moreover, the Company
has the right to access and disclose your information as necessary to
properly operate the Company systems, protect the 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, the Company does not guarantee error-free performance
regarding the privacy of your personally identifiable information and
the 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 the 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.
16. Forfeiture, Account Closure and Confiscation.
The 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 TheOnlyPoker.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 TheOnlyPoker.com;
iii) If
you participate in a TheOnlyPoker.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 TheOnlyPoker.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,
TOP Points, or opportunity to win prizes;
viii) If you are found
cheating (including, without limitation, dumping of TOP Points) or if it
is determined by the 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 if the Company should become aware that you have played at
any other online gaming site under any of the circumstances described in
section i) to section ix) above.
17. Disclosure of Fraudulent
Activities.
If, in the Company's sole determination, you are found
to have cheated or attempted to defraud the Games, TheOnlyPoker.com or
the Company in any way including but not limited to game manipulation
and sale of TOP Points, or if you make untrue and/or malicious comments
with regard to the Company's operation, the 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, the
Company may close any accounts, and forfeit account balances, that you
have at TheOnlyPoker.com or at any other Company website, and/or
business.
18. Indemnity.
You agree to hold the 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 TheOnlyPoker.com
participation in the Games, or breach of any of the terms and conditions
of this Agreement.
19. NO WARRANTIES AND LIMITED LIABILITY.
YOUR
ACCESS TO THEONLYPOKER.COM, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION
IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE 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. THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES
NOT WARRANT THE FUNCTIONS CONTAINED IN THEONLYPOKER.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 THEONLYPOKER.COM, THE GAMES AND THE SOFTWARE LIES
WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY
ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THEONLYPOKER.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 THEONLYPOKER.COM. THE
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 , THEONLYPOKER.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 THE 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, THE COMPANY IS
NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
20. Settlement of Disputes.
The TheOnlyPoker "Dealer" is a computer using a random number
generator, which provides absolutely random results. 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 TheOnlyPoker.com and the 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.
21. Notices.
If you have
any dispute with regard to any outcome in the Games or other activity at
TheOnlyPoker.com, you must submit your complaint to the Company in
writing within fourteen (14) days of the incident in concern by email to
support@TheOnlyPoker.com.
22. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Costa Rica 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.
23. 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. The
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 TheOnlyPoker.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 the Company and supersede
any and all prior agreements, representations or statements made by the
Company.
This Agreement supersedes and replaces all prior versions
of this Agreement.
TheOnlyPoker.com is a trade mark of TOP ENTERPRISES GROUP INC. S.A. with legal address at :
San Rafael del Peaje de la autopista Próspero Fernández, Seiscientos Metros Oeste,
Edificio Fuentecantos 2nd. Floor - San José – Costa Rica
Version 1.6 dated Mar 15, 2012.
