Online sportsbook and casino - Sportfanatik.com

PARADISEPOKER.COM TERMS & CONDITIONS

IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PARADISEPOKER.COM CARDROOM AND WEB SITE.

THESE TERMS AND CONDITIONS ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND PARADISEPOKER.COM ("COMPANY") FOR THE USE OF THE PARADISEPOKER.COM CARDROOM (THE "CARDROOM") AND RELATED WEB SITES (TOGETHER THE "SITE"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW AND USING THE CARDROOM AND/OR THE SITE SOFTWARE YOU ACCEPT AND UNDERSTAND THESE TERMS IN FULL INCLUDING THE LIMITED WARRANTY AND EXCLUSION OF LIABILITY PROVISIONS WHETHER OR NOT YOU REGISTER AS A MEMBER OF THE CARDROOM. BY PLAYING ANY OF THE GAMES AVAILABLE IN THE CARDROOM (THE "GAMES" OR "GAME") YOU ALSO AGREE THAT YOU ARE BOUND BY AND UNDERSTAND THE RULES RELATING TO THE GAMES. IF YOU HAVE ANY QUESTIONS AS TO THESE TERMS AND CONDITIONS, WE ENCOURAGE YOU TO SEEK INDEPENDENT COUNSEL PRIOR TO CLICKING ON THE "I ACCEPT" OR "CONTINUE" BUTTON. IF YOU DO NOT AGREE WITH ANY OF THE TERMS YOU MUST CLICK ON THE "DECLINE" BUTTON AND YOU MUST NOT CONTINUE TO USE THE CARDROOM OR SITE.

IF YOU HAVE ANY QUESTIONS OR QUERIES PLEASE CONTACT THE COMPANY USING THE CONTACT DETAILS ON THE SUPPORT SERVICES PAGE OF THE SITE.

Introduction

The Cardroom is brought to you by ParadisePoker.com. ParadisePoker.com is the trading name of Tropical Paradise Enterprises S.A., a Costa Rican registered company. This is a legal game under the jurisdiction of Costa Rica. The Cardroom is also operated under a licence granted by the Kahnawake Gaming Commission of the Mohawk Territory of Kahnawake.

Legal Requirements

You can only use the Cardroom if you are 18 years of age or older. Residents of Costa Rica are not eligible to play at Sportfanatik.com. The Games offered by the Cardroom are only available to you if you are a resident of a country where participation in such Games is allowed by the laws of that country.

The Company does not intend that anyone should use the Cardroom where such use is illegal. The availability of the Cardroom does not constitute an offer or invitation by the Company to use the Cardroom in any country in which such use is illegal. Use of the Cardroom and participation in its Games is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Cardroom is legal in the country where you live.

Employees of the Company, its licensees, distributors, subsidiaries and members of the immediate families of each are not eligible to play in the Cardroom.

Your Warranties and Indemnity

You acknowledge that the Cardroom is for entertainment only. No purchase is necessary or required to play any of the Cardroom's Games. If you want to play without betting any money, you may do so by selecting the relevant options when accessing the Cardroom. Play money funds have no value and are not transferable nor redeemable for any bona fide currency. If you choose to play for money you do so at your own discretion and risk. You are playing against other players over the Internet on the Company's server, you are not playing against the Cardroom. The Cardroom will charge a hosting fee (known as "rake") for each game that is played. Please refer to the website for details of the current rake schedule, which may change without prior notice.

You agree, represent and warrant that:

You are of sufficient legal age, and are legally allowed, to use the Cardroom in accordance with the laws of the country where you live;
Your interest in the Cardroom is personal, and not professional and that you are only using the Cardroom for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of the Cardroom 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 Cardroom;
You agree and acknowledge that if you choose to play the Games for money, you do so at your own discretion and risk;
You agree and acknowledge that you will not provide any information or make any statement to the Company that is untrue, false, incorrect or misleading;
You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services that you need to use in order to access the Cardroom;
You agree and acknowledge that you do not find the Game of the Cardroom to be offensive, objectionable, unfair nor indecent;
By accepting any winnings, you consent to the Company's use of your player ID for advertising and promotional purposes without additional compensation except where prohibited by law.

You agree to fully indemnify the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers and hold the same 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) entry, use, or reuse of the Site or the Cardroom, (b) use of any materials at the Site, (c) entry, use or reuse of the Cardroom server, (d) participation in any of the Games, (e) the acceptance of any prize or, (f) any breach of any of these Terms.

Use of Content

All materials contained in the Cardroom or the Site including but not limited to text, graphics, Software, images, concepts, methodologies, designs, information and any data generated or collected by the Cardroom (together the "Content") belongs to the Company or its licensors.

You may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in this section, you may not do any of the following without prior written permission from the Company:

redistribute any of the Content (including by using it as part of any library, archive or similar service);
commercially exploit the content in any way;
remove the copyright or trade mark notice from any copies of Content made under these Terms;
create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

You acknowledge that "ParadisePoker.com" and any associated logos are trade marks belonging to the Company and you may not use them without prior written permission from the Company.

Software

In order to use the Sportfanatik.com site you must download the Sportfanatik.com Client ("Client"). The Client and any other software that is available for download or made available via the Sportfanatik.com site (the "Software") is subject to copyright, database rights and intellectual property rights and belongs to the Company. Your use of the Software is governed by the terms of the licence agreement that accompanies the Software. Do not install or use any Software unless you agree to the terms of this licence agreement.

Registration

When you register as a member to use the Cardroom, you must provide the Company with accurate, complete registration information and it is your responsibility to inform the Company of any changes to that information (including in particular your email address). Each registration is for use by a single user only and each single user is permitted only one registration. On registration, you will choose a user name and password (collectively "ID"). You must not:

allow any other person to share your ID;
allow access to the Cardroom through a single ID by multiple users on a computer network.

You are responsible for the security of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you use in relation to the Cardroom then you must notify the Company immediately by email to support@Sportfanatik.com.

You are responsible for all and any losses, costs, damages, expenses (including the payment of all charges incurred and all bets made) as a result of access to the Cardroom via your ID whether such access was made by you or any other person (whether authorised by you or otherwise).

Privacy

The Company takes your privacy very seriously and aims to comply with all relevant data protection legislation. Any information given to the Company by you or collected by the Company as a result of your use of the Cardroom is only used in accordance with the terms of the Company's Privacy Policy. By using the Cardroom you are agreeing to our use of your data in accordance with the Privacy Policy.

The Cardroom Rules

From time to time (in the Company's sole discretion) the Cardroom will offer various types of poker Games and other types of Games and promotions. In relation to any Games available at the Cardroom:

the contract (express or implied) that is formed between you and the Company each time you play any of the Games for money (as opposed to playing the Games for free) is subject to these Terms (as may be applicable) and the rules of any particular Game as published by the Cardroom from time to time and you agree that all such contracts are formed, and shall take effect in, Costa Rica and not the territory in which you live or from which you may access the Games notwithstanding any other choice of law and/or jurisdiction in these Terms;
the Company may at any time without any prior notice to you terminate, suspend or otherwise alter or amend (including amendment of prices, functions or other characteristics) any aspect of any Game;
the Company may at any time without any prior notice to you terminate your participation in any Game;
the Company reserves the right to limit or refuse any bet or other wager made by you;
if there is any discrepancy as to the results of any Game between your computer and the Company's computers then the results recorded on the company's computers shall be final and conclusive;
you agree to bound by, and remain liable to, the Company for any bets made at the Cardroom by use of your ID whether authorised by you or not;
any materials supplied as part of the Game (whether electronically obtained or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically produced, obtained outside authorised legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors;
changes to the rules relating to any Games will be posted on the Site and will be accessible on the Site and the changes will take effect from the date they are published and each time you play a Game you should check to see whether there is a notification of any changes to the rules. If you play the Game after the Company has published details of the changes to the rules, you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not play the Game any more.
Please refer to the website for details regarding player disconnection and internet delays.
The Company will strictly enforce appropriate etiquette rules. No player shall use harassing or foul language. No player shall discuss the current hand while it is being played. Only English may be spoken at the tables.

If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Company or (b) any bug, defect or error in the Software used by the Cardroom or (c) the failure of the Cardroom or the Software to operate in accordance with the rules of any Game then the Company 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 the Company as a result of such error or mistake.

Fraudulent Activities

Committing Fraud is an extremely serious offence, and if, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games or the Company in any way including but not limited to game manipulation or payment fraud the 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.

Artificial Intelligence

The use of Artificial Intelligence or "bots" is strictly forbidden. The company will take measures to prevent and detect the use of programs that are designed to enable artificial intelligence (non-human) to play on the site.

Cash Processing Transactions

In order to play Real Money Games, you will be required to financially transact with the Company's cash processing subsidiary, Paradise E-Cash S.A. (Paradise E-Cash). Paradise E-Cash sub-contracts its cash processing services to a range of third party financial institutions and service providers. You irrevocably authorize the Company to instruct such third parties to handle cash processing transactions (both deposits and cash-outs) on your behalf from your account. You agree to be bound by the terms and conditions of use of each of the third party companies, and in the event of any conflict of terms, then this Agreement shall prevail.

The Cardroom may place some restrictions on the frequency or minimum amount required for a cash-out from an account. There are also restrictions on cash-outs of bonuses that have been awarded to player accounts. Please refer to the website for specific restrictions. In order to comply with various legal requirements and to ensure the highest level of security and integrity, the Cardroom reserves the right to request that you provide evidence of your identity before authorising any cash transactions.

Promotions

From time to time the Company will (in its sole discretion) offer various promotions to members of the Cardroom. Details of the promotions will be publicised on the Site. All promotions will be subject to the rules and/or terms and conditions relating to that particular promotion as published on the Site. By participating in a promotion you agree to be bound by the rules and/or terms and conditions relating to that promotion.

Warranties and Exclusion of Liability

NO WARRANTIES THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO THE LEGALITY OR OTHERWISE OF; INTERNET GAMING IN YOUR COUNTRY OR JURISDICTION, YOUR USE OF THE CARDROOM OR YOUR PARTICIPATION IN ANY OF ITS GAMES. NONE OF THE COMPANY'S EMPLOYEES, LICENSEES, DISTRIBUTORS, WHOLESALERS, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION OR OTHER AGENCIES, MEDIA PARTNERS, AGENTS OR RETAILERS HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

THE COMPANY DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE OR THE CARDROOM, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE (COLLECTIVELY, "SITE SERVICES"). IN PARTICULAR, THE SITE SERVICES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. BECAUSE OF THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET THE COMPANY DOES NOT GIVE ANY WARRANTY, OR ACCEPT ANY LIABILITY, IN RELATION TO INTERCEPTION, INCOMPLETENESS, INACCURACY OF THE CONTENT OR THE UNINTERRUPTED AND/OR ERROR FREE OPERATION OF THE SITE SERVICES.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO COMPLETENESS OR ACCURACY OF THE CONTENT OR ANY EXPRESS OR STATUTORY WARRANTIES AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, THE COMPANY MAKES NO WARRANTY THAT THE SITE SERVICES ARE YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALSO, THE COMPANY DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF TITLE OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES.

NO INCIDENTAL OR CONSEQUENTIAL DAMAGES

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. THE COMPANY IS NOT LIABLE FOR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE SERVICES OR TO ANY BREACH OF THE TERMS BY THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.

LIMITATION ON DAMAGES & EXCLUSIVE REMEDY

THE COMPANY'S MAXIMUM LIABILITY TO YOU AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES, LOSSES, COSTS, DEMANDS, CLAIMS AND/OR EXPENSES THAT YOU INCUR SHALL BE LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE APPLICABLE SITE SERVICE UP TO A LIMIT OF THE AMOUNTS YOU PAID (EXCLUDING ANY BET OR WAGER) TO ACCESS THE CARDROOM (IF ANY) IN TOTAL DURING THE MONTH IN WHICH THE DAMAGE IS FIRST INCURRED. ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES. NOTHING IN THESE TERMS LIMITS THE COMPANY'S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR FOR ANY OTHER LIABILITY THAT THE COMPANY CANNOT LEGALLY AVOID.

Changes to the Terms

The Company may, at its discretion, make changes to these Terms at any time. The Company will give notice of any such changes as follows:

by posting a revised version of the Terms on the Site
detailing the changes at the start of these Terms by reference to the date on which they were last modified.

The changes will take effect from the date set out in these Terms. It is important, therefore, that each time you log in to the Cardroom you check to see whether there is a notification of change. You are solely responsible for reading the changes.

If you use the Cardroom or the Site after the Company has published details of the changes, you agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you do not agree to be bound by relevant changes, you should not use the Cardroom or Site any further.

Termination

The Company may terminate these Terms and/or your use of the Cardroom in its absolute discretion at any time without any prior notice. If your ID remains unused for a continuous period of 365 days then the Company may terminate your ID. On termination of this Agreement for any reason:

the Company will notify you of its intention to close the account. At that time, the Company will enquire about how you would like to settle any remaining balance in the account prior to closure. In the event of a non response, the account will be closed and the remaining funds deemed abandoned and forfeited.
the Company will disable your ID to prevent further access to the Cardroom using your ID.

Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, Costa Rican law. Any disputes arising out of or in connection with these Terms including without limitation any questions regarding its existence, validity, termination, or the relationship of the parties established by these Terms shall be referred to and finally resolved by arbitration in accordance with the following provisions:

The number of arbitrators shall be 1. The parties will select the arbitrator from a panel of possible arbitrators published by the Company from time to time on the Site. The choice of arbitrator is subject to availability. If the parties fail to agree on the identity of the arbitrator within fourteen (14) days after either party's request to the other then the arbitrator shall be appointed by the Company from the published panel of possible arbitrators and the Company's decision is final. The place of arbitration shall be San Jose, Costa Rica or such other location as the Company determines (in its sole discretion) and in determining any alternative location the Company may have regard to the location of the Customer and the type of dispute. The language to be used in the arbitral proceedings shall be English. Nothing in this clause shall prevent either party from applying to the Courts of any jurisdiction for such provisional or protective measures (including but not limited to orders for the preservation of evidence, property or assets) as are available under the laws of that country.

General Matters

You may not assign or sub-license or otherwise transfer any of your rights under these Terms.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Headings in these Terms are for convenience only and will have no legal meaning or effect.

These Terms represents the complete, final and exclusive agreement between you and the Company and supersedes and merges all prior agreements, representations and understandings between you and the Company.

Nothing in these Terms affects your statutory rights as may be applicable in the country where you live.

PARADISEPOKER.COM

Modified July 12, 2004