Terms & Conditions
Terms of Service:
END USER LICENSE AGREEMENT
This agreement (the “Agreement”) should be read by you (the “User” or “You”) in its entirety. Please note that the Agreement constitutes a legally binding agreement between You and TPCR Development, SRL (referred to herein as “TPCR”) which owns and operates the online poker games accessed through www.truepoker.eu (the “Site”) Introduction The client software that You have downloaded or are about to download (the “Software”) is being licensed to you by TPCR for your private personal use solely on “AS IS” basis. Please note that the Software is not for use by (i) persons under 18 years of age, (ii) persons under the legal age of majority in their jurisdiction , or (iii) persons connecting to the Site from jurisdictions from which such use is prohibited or it is illegal to do so. You shall use the Software, together with your unique Player ID (“Player ID”) and unique and secret password (“Password”) chosen by and known only to You, to access the TPCR servers (the “Servers”) in order to play the TPCR “play for real money” or “play for play money (no chip value)” games (the “Games”). The Software is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License does not grant a User any right to reproduce the design or publish screenshots of the design without express prior written permission from TPCR.
1. GRANT OF LICENSE. Subject to the terms and conditions contained herein TPCR grants the User a non-exclusive, personal, non-transferable right to install and use the Software as a client in order to access the Servers and play the Games and for no other purpose. Residents of the Commonwealth of Kentucky or Washington State may not use the Software for any purpose. No license is granted hereunder to any User located within any jurisdiction where use by such person thereof shall violate any applicable laws.
2. NO WARRANTIES. TPCR disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to You “AS IS”. TPCR provides You with no warranty or representation whatsoever regarding the Software or Games quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide You with service of the highest quality, TPCR makes no warranty that the Site, the Software, the Games or the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
In the event that a Games system failure results in an interruption of the Games, and the Game play is not available to be resumed, then funds in play at the time of the interruption will be returned to such players as TPCR determines were unable to play following the interruption of the Games. This policy does not extend to non-system failures, such as loss of power or internet access by the User. While TPCR may, in its discretion offer poker players in certain games so=called All-In Protection, it does not currently offer it to No limit or Pot Limit game poker players.
3. PROHIBITED USES.
A. UNDER AGE PLAY IS PROHIBITED. No one under the age of 18 may use the Software in any way. (If You are under 18 and use the software, you will not receive any prizes or funds, so do not bother to try.) All player age information is verified before any funds or prizes` are paid out.
B. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. The Software is intended solely for your personal use. The use of artificial intelligence including, without limitation, “robots” for play in the Games, is strictly forbidden. All actions taken in relation to the Games by a User must be executed through the user’s interface accessible by use of the Software. TPCR reserves the right exercisable at its sole and complete discretion, to prohibit the use of the Software or access to the Servers by any User. TPCR further reserves the right to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In the event that TPCR in it’s sole discretion deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software, accessing the Servers or playing the Games, including without limitation a User who has colluded or attempted to collude with another User of the Software, TPCR shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User’s account with TPCR and seizing all monies held in any relevant TPCR “real money account”, including other accounts of said User, reversal or recovery of payments mistakenly made or induced by fraudulent conduct. Fraudulent, unlawful or improper activity, includes, without limitation, engaging in credit card or financial fraud related to one or more TPCR Accounts, improper play in the Games, collusion, and other Game misconduct.
C. Players may only sit at one empty heads-up table, per stake level, and/ Table Type (Short, Cap, regular) while waiting for a game to begin. For example, a player can sit one $2/$4 heads-up Regular table, one $2/$4 heads-up Cap table, and one $2/$4 heads-up Short table, simultaneously. For each stake any player found in violation to this rule will be subject to a 24-hour account ban. Repeat offenders will receive more severe punishments.
4. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall TPCR be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software, the Games or your accessing the Site or the Servers, even if TPCR had prior knowledge of the possibility of such damages.
5. SECURITY. The User agrees that he/she is solely responsible for all use of the TPCR Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability or loss of funds arising from use of a Player ID and or Password shall be borne by the User and not TPCR. TPCR, in its discretion, may require an account holder to fax in a copy of his/her credit card used to fund deposits and execute a written acknowledgement of any deposits funded by credit cards TruePoker does not support private deals between players, nor will the Poker Room assist in facilitating these deals or be liable in any way for broken deals or transactions not honored by one of the parties.
Abusive or offensive language or other behavior considered inappropriate by the Poker Room in the context of the product will not be tolerated. Bad behavior or language identified by the Poker Room or brought to its attention will be dealt with swiftly, and may result in a suspension or loss of playing privileges or such other action as may be decided by the Poker Room. True Poker also prohibited using any language other than English or Spanish at the Poker Room.
Any controversy or dispute among any Players or between one or more Players and the Poker Room shall be settled by the Poker Room whose decision shall be final and binding in all respects. The Poker Room requires that all controversies or disputes be reported by email
6. PERSONAL USE. Commercial use of the Software is strictly forbidden. The User is only allowed to play for his/her personal entertainment. Under no circumstances shall a User be permitted to use his “real money account” with TPCR for any purpose other than for playing the Games. In the event that TPCR determines that the foregoing provision has been breached by a User TPCR reserves the right to immediately block access to the Games to such User, to terminate such User’s account with TPCR and to seize all monies held in the relevant TPCR “real money account”. The User agrees that his/her use of the Games is in a personal (and not professional) capacity. Before the User participates at TPCR, he/she is responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto. Each User may only have one account with TruePoker and shall only use the Service using such single account.
7. DORMANT or INACTIVE ACCOUNTS/ACCESS FEE: On or after the last day each calendar month, TPCR shall be entitled to suspend any User account which has not had any log in activity or game play for the prior 12 month period. In such event, the balance of any funds balance in said account(s) shall be retained by TPCR in a pooled segregated suspense account and maintained for a period of 60 days thereafter. TPCR shall give notice to the User that his/her account has been inactive for more than 12 months. . Such notice shall be conclusively presumed to have been received by the User if sent by TPCR by email to the email address of record provided by the User for said account. In the event that a User has opted – out from reciving emails from truepoker, User shall be deemed to have waive any and all notice hereunder , In the event that a User shall validly claim said balance of suspense account funds within the 60 day holding period, TPCR shall verify the identity and entitlement of said claimant (if any), may require an account holder to execute a written acknowledgement of any deposits funded by credit cards, and, thereafter shall pay the portion of the suspense account to due such User. At the expiration of the 60 Day Holding Period, all such balance amounts which remain unclaimed in the suspense account without an active log-in for another period of 12 months shall escheat to TPCR as an Access Fee and compensation for account maintenance and having provided User access to the Games during the 12 months after the Holding Period. The balance of funds in any User account closed by TPCR due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto. In the event that TPCR shall receive notice that a User has died within the prior 12 months, the account balance(s) of such User shall be held pending presentation of proof of authority to claim such funds by the Executor or other authorized representative of the estate of the deceased User. In the event that a claim is made to TPCR for an account balance by any person other than the User, TPCR may require such claim to be proven in a court of law, any legal action by said claimant to prove such claim must be filed within 6 months of the date of such claim.
8. PLAYER-TO-PLAYER AGREENMENTS OR TRANSACTIONS.Under no circumstances shall You be permitted to use any “real money account” with TruePoker for any purpose other than for playing the Games. In the event that TruePoker determines that the foregoing provision has been breached by a User TruePoker reserves the right to immediately block access to the Games to such User, to terminate such User’s account with TruePoker and to seize all monies held in the relevant TruePoker “real money account”. TruePoker may, in its discretion, permit You to transfer or receive funds from another TruePoker customer subject to the express understanding that any such transfer shall be strictly limited to transfer of funds for the sole purpose of playing poker on TruePoker, and shall be undertaken at Your sole and exclusive risk. TruePoker does not support private transactions between players, nor will the Poker Room assist in facilitating these deals or be liable in any way for broken deals or transactions.
9. TERMINATION. Without prejudice to any other rights of TPCR, TPCR may immediately and unilaterally terminate this Agreement if you fail to comply with the terms and conditions contained herein or for any other reason or for no reason. In such event, you must destroy all of your copies of the Software. ANY suspicious or criminal activity will be promptly reported to the appropriate authorities.
10. AMENDMENT. TPCR reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Client Software or access to the Site shall be conclusively deemed to attest to your agreement to any amendments to the Agreement.
11. GOVERNING LAW. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Costa Rica.
Each party irrevocably agrees that the relevant courts of Costa Rica shall have exclusive jurisdiction in relation to any claim, dispute or difference between them concerning the Agreement and any matter arising hereunder. You and TPCR irrevocably waive any right that either may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. You expressly consent to personal jurisdiction of said courts over You. (This choice of forum and law governs only claims between the USER and TPCR and shall not affect or limit any other right or remedy which TPCR may hold against any third party related to the business of providing the games, including the provision of services to TPCR by such third parties.)
12. SEVERABILITY. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
13. RESTRICTION.Residents of Kentucky or Washington State are not permitted to view this site or use any of the games accessed through software downloads provided hereby.
14. RESPONSIBLE GAMING.If You belive that You have a gaming problem notify TPCR by email or through the in-game live Host, if provided. TPCR policy does not provide you with an option to self-set or change deposit limits at your discretion; rather your identity will be confirmed, and your account will be closed for real money gaming activity. TPCR reserves the absolute right to itself review or use third party verification to review player activity in the Games or as reported by other gaming operators to profile and remove players access in its sole discretion.
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