Conditions générales d'utilisation du service
Winamax Poker
- WINAMAX POKER est un service de poker en ligne destiné aux particuliers, mis au point et géré par la société "New Sofirex Gruppo SA" au Costa Rica.
- La société Winamax.com Limited (UK) a mandaté New Sofirex Gruppo pour l'utilisation de la marque déposée "Winamax".
- Winamax.com Limited (UK) est autorisé par New Sofirex Gruppo de promouvoir et/ou vendre les services de WINAMAX POKER
- Winamax.com Limited (UK) est autorisé par New Sofirex Gruppo de détenir et/ou payer des fonds en relation avec un titulaire de compte et dans le cadre de transactions avec WINAMAX POKER
- WINAMAX POKER est un service indépendant qui n'est pas géré ni contrôle par Winamax.com Limited (UK)
- Winamax.com Limited (UK) ne reconnaît ni n'accepte aucune responsabilité, d'aucune sorte, pour les transactions passées avec WINAMAX POKER, à l'exception de celles concernant les fonds reçus, détenus et/ou versés en rapport avec le compte Winamax dans le cadre d'arrangements avec WINAMAX POKER.
Winamax Poker - Terms of Service and Software License
Last Revised: November 22, 2005
These Terms of Service is a legal agreement ("Agreement") between you ("Player") and New Sofirex Gruppo SA ("Sofirex" or "Winamax Poker " or "SITE"). Read the following Terms of Service before accessing the SITE or using real money with the software (the "Software").
1.
INTRODUCTION
IMPORTANT! These Terms of Service govern your access to or use of the SITE and your use of the account established with the SITE. By accessing, using, viewing, reading, printing, installing, or downloading any material from the SITE, or becoming a member to the SITE, you agree to be bound by these Terms of Service. In addition, when using services of the SITE you shall be subject to any policies, guidelines and rules applicable to such services, which may be posted by SITE from time to time. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Service.
You manifest your agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax or by merely accessing the SITE, whether you have read these Terms of Service or not. You may submit a paper copy of this transaction and print this form for your personal records. If you do not agree to all of the terms of these Terms of Service you may not access the SITE or any of its services.
The SITE reserves the right to revise, amend, or modify these Terms of Service and our other policies, guidelines, and rules at any time and in any manner. The Player shall periodically check this web page for any modifications regarding these Terms of Service by re-visiting this web page and using the “refresh” button on the user’s browser. The Player shall note the date of last revision to this page, which appears at the top of this page. If the “last modified” date remains unchanged, after the Player has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the document. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. You may use and access the SITE only in accordance with these Terms of Service. Please consult these Terms of Service regularly and read them carefully before using the SITE. You affirm that you have read and understand, agree and consent to these Terms of Service.
The SITE is licensed and permitted to conduct Internet Gambling operations in its country of origin. You are required to research and comply with any laws and regulations in your jurisdiction before using the SITE’s real money gambling services. Internet gambling is illegal in some jurisdictions, and it is a breach of these Terms of Service to gambling on this SITE if such activity is prohibited in your jurisdiction. You agree to indemnify the SITE for any unlawful use of the SITE or its services. Since the legal issues surrounding Internet Gambling are unsettled or ambiguous in some jurisdictions, please consult with a competent attorney or legal advisor before determining if the SITE’s services are legal in your jurisdiction if you are not certain of your rights, liabilities and obligations associated therewith. Residents of Costa Rica and Sweden are prohibited from playing any of the SITE’s games for real money.
You acknowledge that gambling is an uncertain activity that may cause monetary losses. The SITE is not responsible for claims for losses or damages of any kind resulting from real money play under any condition. Play at the SITE is at the sole option, discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account passwords and other personal security information. The SITE is not responsible for the unauthorized use of your account with the SITE or any losses that may result, of such unauthorized use.
This SITE is designed for amusement purposes and for personal use. If you have ever been diagnosed with any form of compulsive gambling disorder, you are prohibited from gambling on the SITE. If you feel that you have a problem with compulsive or habitual gambling, please seek professional help, and avoid this, and any other gambling site. The SITE support responsible gaming.
Gambling is an age restricted service in most jurisdictions. By using and/or viewing the SITE you represent and warrant you are at least 18 years of age, or the legal age for gambling in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 years of age, or of the legal age for gambling in your jurisdiction, you must exit the SITE immediately and may not use or access the SITE or print or download any materials from the SITE. You may be asked to verify your birth date as a condition of entry onto the SITE. You agree not to bypass any security and/or access feature on this SITE. Additionally, you acknowledge that the SITE does not assume any responsibility or liability for any misrepresentations regarding a user’s age.
6.3.2 Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform SITE of all changes, including, but not limited to, changes in your address and changes in your credit card or other account information used in connection with billing for the SITE.
6.4.2 You represent and warrant that you will not disclose to any other person your unique nick name/user name and password and that you will not provide access to the SITE to any other person. Always make sure that links that claim to direct you to WinamaxPoker.com pages actually does so. Never log-in to WinamaxPoker.com without checking that the address displayed in your browser's address window always starts with: http://www.WinamaxPoker.com/ (addresses such as http://WinamaxPoker.free.com is never authorized by WinamaxPoker.com) You indemnify the SITE against all activities conducted through other addresses than those that starts with http://www.WinamaxPoker.com/
6.4.3 You are solely responsible for maintaining the confidentiality of your nick name/user name and password and are fully responsible for all activities that occur under your nick name/user name and password. You are fully responsible for any unauthorized use of your registered email address that may result in another person getting access to your nickname/user name and/or password. Without limitation of the foregoing, you are responsible for keeping your anti-virus and firewall software updated and for taking other appropriate steps in order to maintain the confidentiality of your nick name/user name and password.
6.4.4 Regarding additional password and account security, you agree to:
6.4.4.2 Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the SITE, even if you use the auto login feature provided by SITE, up and until you notify SITE’s Customer support by telephone regarding that unauthorized use and confirms the notification from your registered email address. You indemnify the SITE against all activities conducted through your account.
6.4.5.2 Any outstanding fees owed for your membership.
6.4.6.2 You fail to pay any amount due by the payment due date;
6.4.6.3 We are unable to verify or authenticate any information you provide to SITE;
6.4.6.4 We believe that your actions may cause legal liability for you, our users or SITE.
6.4.6.5 SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof.
6.4.8 You agree that neither SITE nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the SITE. You agree that if your account is terminated by SITE, you will not attempt to re-register as a member without prior written consent from SITE.
6.4.9 If SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof, SITE may terminate this Agreement and disburse any remaining account balance, less any costs or charges attributable to your account.
6.4.10 Membership is void where prohibited.
6.4.10.2 Taxes, Duties & Fees. All taxes, duties and fees applicable in connection with any money or prizes awarded to the Player are the sole responsibility of the Player.
7.1 Any form of fraudulent activity on the SITE, as determined at SITE’s sole discretion, is strictly prohibited. Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts (chip dumping), forgery, collusion, and the provision of false Registration Data or other requested information. In addition to any other remedies provided under these Terms of Service, the SITE may pursue claims for criminal prosecution and/or civil damages for any fraudulent activities.
7.2 Player agrees not to attempt to exploit any error, virus, bug, defect or inconsistency (“Bug”) found in the Software, to their advantage, or to the disadvantage of other players, at any time. Furthermore, Player agrees to report any such Bug to customer service immediately upon discovery of same.
7.3 Any form of cheating on the SITE, as determined at SITE’s sole discretion, is strictly prohibited. Cheating includes any form of manipulation of the outcome of the hand or game, so that the odds of winning are changed to favor the Player. In particular, and without limitation, cheating includes any form of ‘collusion’ as that term is commonly understood in the industry. In addition to any other remedies provided under these Terms of Service, the SITE may pursue claims for criminal prosecution and/or civil damages any form of cheating.
7.4 The use of any software program which facilitates artificial intelligence, such as poker bots, is strictly prohibited. Prohibited software may include software which allows opponent profiling, player collusion or any other program which the SITE considers allows the Player to cheat or gives the Player an unjust advantage over another player. SITE may take action or procure that action is taken in order to detect and prevent the use by the Player of such software, including, but not limited to, reading the list of currently running programs on the Player’s computer. For further information, see the Prohibited Program Policy and the Privacy Policy.
7.5 SITE reserves the right to return funds to its rightful owner, if determined that funds won by the Player were from an account that itself had obtained these funds fraudulently, or was being used without the account owner’s permission.
7.6 SITE is committed to fair play and to combating fraudulent activity, and has zero tolerance towards inappropriate play and fraudulent activity. Any Player involved in any form of suspected fraudulent activity will be reported to the appropriate authorities.
9.1 You may use the SITE only for purposes expressly permitted by the Terms of Service of the SITE.
9.2 Only 1 real money account is allowed per household! No person will be allowed to maintain more than one account. The SITE reserves the right to request a photocopy of a government-issued ID or its equivalent, in order to verify the Player's identification. If a Player opens more than one account, the SITE reserves the right to block play for all the Player’s accounts except one remaining account.
9.3 It is the responsibility of the Player to cash-out any remaining funds before the Player blocks any account(s). Any play money credits, player points, tournament tickets, promotional bonuses or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.
9.4 SITE reserves the right to close any other real money accounts that are traced to the same address or computer. In such a situation, any remaining monies may be cashed out by the Player. If promotional bonuses have been deposited into a duplicate account by SITE, SITE reserve the right to remove all bonuses paid into all linked accounts. If an amount of money paid into either of the accounts by the SITE is outstanding, SITE reserve the right to demand that the Player deposits a sum into his/her account equal to the debt owed. This amount shall be removed by SITE in order to settle any outstanding debt.
9.5 Player is only allowed to fund 2 real money accounts on behalf of other players. If Player funds more than three accounts in total, i.e. their own and 2 other players', SITE reserves the right to block play for all the accounts except one remaining account. SITE reserves the right to withhold account balances on the blocked account(s) indefinitely and to confiscate any and all funds. Any play money credits, player points, tournament tickets, promotional bonuses or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.
9.6 Without the express prior written authorization of the SITE, you may not:
9.6.2 Create derivative works based on the SITE or any of the Materials contained therein;
9.6.3 Use the SITE or any of the materials contained therein for any public display, public performance, sale or rental;
9.6.4 Re-distribute the SITE or any of the materials contained therein;
9.6.5 Remove any copyright or other proprietary notices from the SITE or any of the materials contained therein;
9.6.6 Frame or utilize any framing techniques in connection with the SITE or any of the materials contained therein;
9.6.7 Use, publish or distribute any meta-tags or any other “hidden text” using the SITE’S name or marks;
9.6.8 Circumvent any encryption or other security tools used anywhere on the SITE (including the theft of nick names/user names and passwords or using another person’s nick name/user name and password in order to gain access to a restricted area of the SITE);
9.6.9 Use any data mining, bots, or similar data gathering and extraction tools on the SITE;
9.6.10 Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the SITE, server or activities conducted therein;
9.6.11 Take any action that imposes an unreasonable or disproportionately large load on the SITE or its network infrastructure;
9.6.12 Decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law;
9.6.13 Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials;
9.6.14 Harass or “stalk” any user or member, of the SITE;
9.6.15 Collect or store any information regarding any other user or member of the SITE, except as specifically provided by the normal operations of the SITE and its programming and to the extent permitted by the Prohibited Program Policy;
9.6.16 Transmit, distribute, post or submit any information concerning any other person, member or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
9.6.17 Use the SITE in connection with the distribution of unsolicited commercial email or advertisements;
9.6.18 Assist or aid any third party in doing any of the foregoing.
10.1 For tournaments provided by the SITE, general rules and guidelines apply in addition to these Terms of Service.
10.2 For certain tournaments special rules may apply in addition to these Terms of Service and general tournament rules, as posted from time to time at the SITE in connection with such tournaments.
11.1 Use of the SITE encompasses use of certain computer software, coding and information developed by the SITE (“Software”). The SITE grants to Player a non-exclusive, temporary, revocable license, without right to sub-license, to use the Software.
11.2 You may not: (a) permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the terms of this Agreement; (b) modify, translate, reverse engineer, de-compile, disassemble or create derivative works based upon the Software; (c) copy the Software; (d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software; (e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or (f) use the Software for any reason other than your private use. Ownership of the Software, and all rights existing therein, whether sounding in copyright, trademark, patent, trade secret, or any other theory, shall remain the sole and exclusive property of the SITE. Player agrees to return or delete any copies of the Software upon termination or expiration of this Agreement. Player’s right to make use of the Software is conditioned on compliance with all of the Terms of Service set forth herein.
12.1 You understand and expressly agree that use of the SITE or any of the materials and/or data downloaded or otherwise obtained through the use of the SITE or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
12.2 The SITE is provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
12.3 SITE makes no representations or warranties that the SITE or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does SITE make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the SITE or any of the materials contained therein. SITE’s only obligation, and Player's sole remedy is, at SITE’s option, to either (a) have SITE replace your Software with new Software supplied by SITE; or (b) terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee will not include any costs or losses resulting from your real-money play.
12.4 You understand that SITE cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. SITE does not assume any responsibility or risk for your use of the Internet.
12.5 SITE makes no warranty regarding any goods or services purchased or obtained through the SITE or any transaction entered into through the SITE and is not responsible for any use of confidential or private information by sellers or third parties.
12.6 SITE owner may change any of the information found at this SITE at any time without notice including the Terms of Service without notice. SITE owner makes no commitment to update the information found at this SITE.
12.7 The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13.1 We do hereby disclaim any liability for damages that may arise from any player or member providing any services for any purpose that violates any law.
13.2 If you are seeking services that are in violation of any applicable laws whatsoever, you may not use this SITE and do hereby agree to exit it immediately.
14.1 In no event shall SITE (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the SITE or any of the materials or services contained therein, even if SITE has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if SITE has been advised of the possibility of such damages.
14.2 Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless the SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the materials or services contained therein, or your breach of any of these Terms of Service, or should you violate any law. You do also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with this SITE. SITE shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
You hereby represent and warrant to us as follows:
16.1 You have read and you understand these Terms of Service.
16.2 The execution, delivery and performance by you of these Terms of Service and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
17.1 Some websites which are linked to the SITE are owned and operated by third parties. Because the SITE has no control over such websites and resources, you acknowledge and agree that SITE is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You acknowledge and agree that SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any Terms of Service and privacy policies posted therein. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the Terms of Service of use for those websites, and not by these Terms of Service.
17.2 Links to framed websites or inclusions of advertisements therein do not constitute an endorsement by the SITE of such websites or the content, products, advertising, or other materials presented on such framed websites, but are for Player’s convenience.
17.3 You hereby agree to hold the SITE harmless from any and all damages and liability that may result from the use of links that may appear on the SITE. The SITE reserves the right to terminate any link or linking program at anytime.
18.1 Without the express prior approval of the SITE, you agree not to display or otherwise use in any manner any trademarks, service marks, trade names and/or any accompanying logos, used alone or in conjunction with any text, of the SITE, or of a subsidiary or affiliated company to, or of a company of the same group of companies as, or of the ultimate majority shareholders in, SITE.
18.2 Other manufacturers’ product and service names referenced herein or displayed at the SITE may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
19.1 The materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software, accessible from the SITE, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the materials to SITE, and SITE or the party that provided the materials to SITE retains all right, title, and interest in the materials.
19.2 The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the materials.
These Terms of Service (including the policies, guidelines and rules referred to herein) and the relationship between you and SITE shall be governed by and construed in accordance with the laws of Sweden, without giving effect to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Sweden for settlement of any dispute, controversy or claim arising out of or in connection with these Terms of Service or the relationship between you and the SITE.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
22.1 Unless otherwise explicitly stated, SITE does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to SITE shall be deemed to be readily accessible to the general public. Visitors should not use this SITE to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this SITE can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
22.2 SITE provides certain community services for discussions and messaging between Players, in private or in public.. At any time, if the SITE provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material or material infringing the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights while using the SITE or other services included on the SITE.
22.3 You acknowledge and agree to that SITE may use means for preventing and removing content posted, including, but not limited to, that is unlawful, harmful, threatening, abusive or otherwise inappropriate or objectionable.
SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the SITE’s performance.
