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IMPORTANT
- READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT
AND STORE ALONG WITH ALL TRANSACTION DATA, GAME RULES AND
PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE.
These
terms and conditions constitute a legally binding agreement
("Agreement") between (a) you, the end user, and (b) EmpirePokerBonus.com
("EmpirePokerBonus.com") which is a trading name of WPC Productions,
Inc. (British Virgin Islands) and each of its officers, directors,
agents, employees, consultants, suppliers, vendors and affiliates
(collectively, "Company").
1.
Applicability of Terms and Conditions.
By clicking on the "Accept" or "Continue" button, 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 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 EmpirePokerBonus.com, you will need to first register for
an account ("Account") by choosing a unique AccountName 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 EmpirePokerBonus.com, you will be able
to access both play money games and tournaments ("Play Money
Games") and real money games and tournaments ("Real Money
Games"), collectively the EmpirePokerBonus.com games ("Games").
3.
Rules and Procedures of the Games.
The Games will be played pursuant to generally accepted
poker rules and procedures as posted in the Games
Section of the EmpirePokerBonus.com website, as well as other sections
of the EmpirePokerBonus.com website and Software, including but not
limited to How to
Play, Table Stakes,
Tournaments,
and Disconnection
and All-in Policy, and any other page that governs any
particular event, game or tournament, all of which are specifically
incorporated herein by way of reference.
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
it. No purchase is necessary or required to play the Games.
You may play without betting money if you wish. 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 EmpirePokerBonus.com to be offensive, objectionable, unfair,
or indecent. Any other entrance, access, or use of EmpirePokerBonus.com
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. 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. Moreover, Company requires that you be at least 21
years of age to play the Real Money Games.
6.
Play Money Games.
For those under the age of 21, or connecting from jurisdictions
where playing in the Real Money Games is prohibited, you may
register at EmpirePokerBonus.com provided however, that you agree to
only play the Play Money Games with the play money funds that
will be added to your Account by Company without cost to,
or consideration from, you. Play money funds are kept separate
from bona fide (real) money funds and are not transferable
or exchangeable within an Account. Further, such play money
funds have no value in and of themselves and are neither transferable
nor redeemable for any bona fide currency.
7.
No Company Employees or Affiliates.
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 register
with EmpirePokerBonus.com or to participate directly or indirectly
in any of the Games. Any person found to have violated this
section will not be entitled to collect any winnings.
8.
Copyrights and Trademarks.
The term EmpirePokerBonus.com is the trademark, service mark and/or
trade name of Company. Further, all material on EmpirePokerBonus.com,
including but not limited to images, pictures, graphics, photographs,
animations, videos, music, audio, text, and the Games belongs
to Company and is protected by copyright law. You obtain no
right to use such terms, graphics, text, concepts or methodologies,
by using EmpirePokerBonus.com and the materials contained therein and/or
herein.
9.
Software.
You may install and use the computer programs ("Software")
available from EmpirePokerBonus.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. Скачать в качестве: all animation movies.
10.
Shared Table and Database Platform.
Company reserves that right to run and utilize a shared table,
server and database platform ("Shared Table Platform") which
enables players from EmpirePokerBonus.com to play with players coming
into the games, tables and tournaments from other sites and
brands to the same Shared Table Platform so that the players
may be pooled into common tables regardless of which site
or brand they may have entered from. In such event, you agree
that you may be pooled into these common tables, at Company's
sole discretion, and that to the extent that you breach the
terms and conditions of one site or brand, Company may have
you blocked, in part or full, from the entire system so that
you may not play through any site or brand. Further your play
patterns, personal data, depositing limits and history may
be calculated and shared across the system to counter fraud,
over-depositing and other matters, as Company shall decide
in its sole discretion.
11.
Depositing Funds.
To play the Real Money Games, you will be required to deposit
bona fide funds into your Account by any of the methods specified
at EmpirePokerBonus.com, which may change from time to time in Company's
sole discretion. Generally, said funds will be promptly deposited
into your Account upon actual receipt of funds by Company
and/or its agents. Minimum and maximum limits apply to deposits
depending upon your history with EmpirePokerBonus.com, the method of
deposit, and other factors as determined solely by Company.
All funds will be paid, tracked and maintained in United States
Dollars, except as otherwise stated, and shall not bear interest.
12.
Bonuses.
Complimentary or bonus amounts credited by Company into your
Account for promotional purposes may only be used to play
in the Games and you are not entitled to Deposit or withdraw
such amounts without first complying with the additional terms
and conditions set forth in each bonus offering, and if none,
then the terms and conditions set forth on the Standard
Promotional Offer Terms and Conditions are by way of reference
specifically incorporated herein. Further, Company reserves
the right to reclaim any bonus amounts if you do not use them
within the period of time specified.
13.
Cash Outs.
Your account balance ("Account Balance") is the
amount of real money deposited to your Account to access the
Real Money Games, plus or minus any accrued winnings or losses
from playing the Games, less any amounts previously cashed
out by you or amounts forfeited or reclaimed by Company. You
may request to cash out and 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 EmpirePokerBonus.com and may change from time to time
in Company's sole discretion. Further, Company 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
cashed out shall be made by check, wire, credit card and/or
any other manner which Company selects in its sole discretion.
Payments will be made as promptly as possible, subject to
any reasonable necessary security reviews by Company.
14.
Electronic Service Provider.
As stated, in order to play the Real Money Games, you will
be required to send and receive financial transactions with
Company. Company reserves the right to sub contract our obligations
to process such deposits and related financial transactions
to third party service providers ("Electronic Service
Providers" or "ESPs"). You irrevocably authorize
us to instruct such ESPs to handle account deposits and cash
outs from your Account and you irrevocably agree that Company
may give such instructions on your behalf. The ESPs is accessed
each time you use the cashier at EmpirePokerBonus.com. The ESP which
currently handles Company's financial transactions is ezEcash.com
International Inc. ("ezEcash"). In the event of
conflict between this Agreement and ezEcash's terms and conditions
or that of any other ESP, then this Agreement shall prevail.
15.
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.
16.
Abandonment of Account Balance.
The Company reserves the right to cancel your EmpirePokerBonus.com
account for any reason whatsoever at any time without notice
to you. If you do not access your EmpirePokerBonus.com account by "logging
in" to your Account by using your AccountName 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 EmpirePokerBonus.com other than logging in. For
the avoidance of doubt, pursuant to this section, Company
may also close your ezEcash account as well as any ESP account
which you have.
17.
Forfeiture, Account Closure and Confiscation.
Company reserves the right, in its unfettered discretion,
to void any winnings and confiscate any balance in your EmpirePokerBonus.com
account (and ezEcash account as well as any other ESP or Company
related account including other websites and casinos owned
or operated by Company) in any of the following circumstances:
i.
If you have more than one active account at EmpirePokerBonus.com;
ii.
If the name on your EmpirePokerBonus.com account registration does
not match the name on the credit card(s) or other payment
accounts used to make purchases at EmpirePokerBonus.com;
iii.
If you participate in a EmpirePokerBonus.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;
vi.
If you connect from a jurisdiction where participation
in the Games is prohibited by law;
vii.
If you have allowed or permitted (intentionally or unintentionally)
someone else to use your Account;
viii.
If you have not played at the EmpirePokerBonus.com on an individual
basis for personal entertainment only (that is, you have played
in a professional sense or in concert with other player(s)
as part of a club, group, etc.);
ix.
If you have "charged back" or denied any of
the purchases or deposits that you made to your Account;
x.
If you are found cheating 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;
xi.
If you fail to comply with any of the terms and conditions
set forth in this Agreement; OR
xii.
If Company should become aware that you have played at
any other online gaming site under any of the circumstances
set out at i) to xi) above.
18.
Disclosure to Third Parties.
You agree to keep your Account secret and confidential and
to not allow anyone else to use it. If you intentionally or
intentionally, directly or indirectly, disclose your AccountName
and password to another person, and such disclosure results
in a third party participating in the Games using your AccountName
and password, such participation shall be valid, and you will
not be refunded any resulting losses at EmpirePokerBonus.com, regardless
of whether or not the third party had your consent or not.
The Company shall not be required to maintain AccountNames
or passwords if you misplace, forget, lose, or are otherwise
unable to enter EmpirePokerBonus.com because of anything other than
Company's error.
19.
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 EmpirePokerBonus.com,
participation in the Games, or acceptance of any cash payoff.
20.
Suspension, Modification, Removal and Addition of Games.
The Company reserves the right to suspend, modify, remove
and/or add any Game in its sole discretion and without notice.
In the event of such suspension, modification, removal or
addition of any Game for any reason, Company will not be liable.
21.
Abusive or Offensive Language.
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.
22.
Confidentiality and Privacy Principals.
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.
23.
Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have
cheated or attempted to defraud the Games, EmpirePokerBonus.com or
Company in any way including but not limited to game manipulation
or payment fraud, 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
e-mail 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 EmpirePokerBonus.com
or at any other Company website, casino and/or business.
24.
NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO EmpirePokerBonus.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. EmpirePokerBonus.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 MERCHANTIABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS
CONTAINED IN EmpirePokerBonus.com, THE GAMES OR THE SOFTWARE WILL MEET
YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED
OR ERROR FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE
OF EmpirePokerBonus.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 EmpirePokerBonus.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 STARLUCK. 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 EmpirePokerBonus.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.
25.
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 EmpirePokerBonus.com and Company records shall be the
final authority in determining the terms of your participation
in the Games, the activity resulting therefrom and the circumstances
in which they occurred.
26.
Notices.
If you have any dispute with regard to any outcome in the
Games or other activity at EmpirePokerBonus.com, you must submit your
complaint to Company in writing within fourteen (14) days
of incident by email to info@EmpirePokerBonus.com
and, if unsatisfied with the response, then to admin@EmpirePokerBonus.com.
27.
Governing Law.
This Agreement shall be governed by and construed in accordance
with the laws of the British Virgin Islands 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.
28.
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. EmpirePokerBonus.com 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 EmpirePokerBonus.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.
//
EmpirePokerBonus.com
November 15, 2002
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