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1. APPLICABILITY OF AGREEMENTS
By clicking on the “Submit”, “I agree”,
"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. You
acknowledge that if you accept these Agreements, we will start providing
you with the benefit of the Services immediately.
These Terms of Service is a legal agreement (Agreement) between
you and CandyPokers. Read the following Terms of Service before
accessing the CandyPokers.com
If you have any questions as to these terms and conditions, we encourage
you to seek independent counsel prior to clicking on one button
defined above in this section.
2. ACCOUNT/REGISTRATION
- To use the Services, you will first need to register for an account with us.
- There are no set-up charges for opening your Account.
- You may only use the Services if you are 18 years of age. CandyPokers
reserves the right to ask for proof of age from you and your Account
may be suspended until satisfactory proof of age is provided.
- You can open an Account with us by choosing a unique account name
and password and entering other information that we ask for on our
registration form. You shall ensure that the details provided at
registration are accurate and kept up to date. You can change the
details you provide at registration at any time by editing your
Account preferences.
- To verify your identity, CandyPokers reserves the right to request
at any time satisfactory proof of identity (including but not limited
to copies of a valid passport / identity card and/or any payment
cards used) and proof of address (including but not limited a recent
utility bill or bank statement). Failure to supply such documentation
may result in suspension of the Account.
- CandyPokers reserves the right to run credit and/or identity checks
on a User, with third party credit agencies or services, using the
information provided to us by a User on registration with the Service.
- Only one account is allowed per household or shared computer.
Players are not allowed to create, use, or deposit to more than
one account. CandyPokers reserves the right to close your Account(s)
if you open multiple Accounts.
- We reserve the right to disallow the use of user names that we,
at our sole discretion, deem inappropriate. We reserve the right
to cancel at any time the membership of any member who uses their
selected username in violation of these Terms of Service or in any
other way we, in our sole discretion, deem inappropriate.
- If you have lost your Account name or password, please contact
us for a replacement.
- You may cancel your membership at any time by sending an email
to the SITE
- 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.
- A Player's interest in CandyPokers and the web site is personal
and not professional: A Player's activity on the web site is solely
for a Player's own personal entertainment.
A Player, fully understanding, agreeing to, and becoming a party
to, shall abide by all rules, regulations, terms and conditions
contained herein, and all such rules, regulations, terms and conditions
as they may change from time to time.
- 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.
- You acknowledge that there is a risk of losing money when using
the Service and that CandyPokers has no responsibility to you for
any such loss.
- You are solely responsible for the telecommunications networks
and Internet access services required for you to access and use
the Service and we shall have no liability whatsoever for any deficiencies
therein.
3. GAME'S RULES
The Games provided by CandyPokers will be played
pursuant to generally accepted poker rules and procedures as specifically
set out in the Poker rules section of the CandyPokers.com website,
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. NO GROUP EMPLOYEES OR AFFILIATES
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 register with
CandyPokers.com or to participate directly or indirectly in any
of the Games (each an "Unauthorized Person"). Similarly,
relatives of Unauthorized Persons are not permitted to register
with CandyPokers.com or to participate directly or indirectly in
any of the Games. For these purposes, the term "relative"
shall mean spouse, partner, parent, child or sibling. Any person
found to have violated this section will not be entitled to collect
any winnings.
5. SOFTWARE
You may install and use the computer programs
we make available from the Platforms used to provide the Gaming
Services (the Software) on a hard disk or other storage device and
make backup copies of the Software.
Copying is only for your own personal use in using the Gaming Services
in accordance with these Agreements, and further, that such installation
and use is made through a computer of which you are the primary
user.
The Software's code, structure and organisation are protected by
copyright, trade secrets, intellectual property and other rights.
You may not:
- copy, distribute, publish, reverse engineer, decompile, disassemble,
modify, or translate the Software or make any attempt to access
the source code to create derivate works of the source code of the
Software
- sell, assign, sublicense, transfer, distribute or lease the Software
- make the Software available to any third party through a computer
network or otherwise
- export the Software to any country (whether by physical or electronic means)
- use the Software in a manner prohibited by applicable laws or regulations
in any way without the prior written consent of CandyPokers.
6. SYSTEM ERRORS
Registrant of our service must inform us as soon
as you become aware of any errors with respect to your Account or
any calculations with respect to any bet or wager you have placed
or any currency conversion. In the event of any system failure or
game error (a divergence from the normal functioning of the game
logic for whatever reason) that results in an error in any odds
calculation, charges, fees, rake, bonuses or payout, or any currency
conversion as applicable, (System Error) the CandyPokers will seek
to place all parties directly affected by such System Error in the
position they were in before the System Error occurred. The CandyPokers
reserves the right to declare null and void any wagers or bets that
were the subject of such System Error and to take any money from
your Account relating to the relevant bets or wagers, if there are
insufficient funds in your Account, demand that you pay us the relevant
outstanding amount relating to these bets or wagers. In all circumstances
whereby the CandyPokers determines a System Error has been used
to gain an unfair advantage, the CandyPokers reserves the right
to consider this activity to be subject of Account Closure of these
Terms and Conditions.
7. FRAUD, SOFTWARE BUGS ,CHEATING AND PROHIBITED
TRANSACTIONS
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
Any form of fraudulent activity on the CandyPokers, as determined
at CandyPokers’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.
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.
The use of any software program which facilitates artificial intelligence,
such as poker bots, is strictly prohibited. Such programs are often
designed to send information about cards or players to an external
program. Your are not permitted to, and you agree not to, cause
any such program to access our site or any data on it and you are
not permitted to access any such data and send it to any other parties
CandyPokers 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.
CandyPokers reserves the right to suspend and/or close your Account
and to share this information (together with your identity) with
other online gaming sites, banks, credit card companies, and other
such appropriate agencies.
If any customer is found to be participating in any form of collusion
or other activities that we consider to constitute cheating his
or her account may be permanently closed and any balance may be
at risk of forfeiture or withholding as per above sections of this
agreement.
CandyPokers reserves the right to void any winnings that were obtained
as a result of hardware/software error or malfunction. Players found
abusing such errors/malfunctions are subject to having their account
closed and any deposits and/or winnings forfeited.
8. CHIP-DUMPING
Chip-dumping occurs when any User intentionally
loses a hand in order to deliberately transfer his chips to another
User. Any User who chip-dumps or attempts to chip-dump with any
other User while using the Service may be permanently banned from
using the Service and their account may be terminated immediately.
In such circumstances CandyPokers will be under no obligation to
refund to you any monies that may be in your CandyPokers account
at such time.
9. ABUSIVE OR OFFENSIVE LANGUAGE
Inappropriate, Abusive , hateful, or offensive
language and behavior will not be tolerated on the Group's chat
boards, the player images option or in correspondence with CandyPokers
staff. Any violation of this policy will result in suspension of
chat and/or playing privileges or any other action deemed necessary
by CandyPokers staff. Users are also prohibited from making any
statements which promote any service or product of any party except
CandyPokers. Further, Users shall not make statements about CandyPokers
or the Service that are untrue or would reasonably be considered
to be derogatory or critical.
10. GOVERNING LAW
The Agreement and any matters relating hereto
shall be governed by, and construed in accordance with, the laws
of the Seychelles. Each party irrevocably agrees that the relevant
courts of the Seychelles shall have exclusive jurisdiction in relation
to any claim, dispute or difference concerning the Agreement and
any matter arising therefrom and irrevocably waives any right that
it 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. If any part
of these Agreements is found to be invalid, illegal or unenforceable
in any respect, it will not affect the validity of the remainder
of the Agreements, which shall remain valid and enforceable according
to their terms. The English language version of this Agreement shall
be the prevailing version in the event of any discrepancy between
any translated versions of this Agreement.
11. UNDERSTANDING
This Agreement constitutes the entire understanding
and agreement between you and us regarding the CandyPokers and supersedes
any prior agreement, understanding, or arrangement between you and
us.
12. MODIFICATIONS
CandyPokers reserves the right to update, modify
or change this Agreement or any part thereof at any time without
notice and you agree to review these Terms of Service each time
you visit the CandyPokers.com. Therefore, we encourage you to visit
the CandyPokers’s terms and conditions site regularly and
check the terms and conditions contained in the version of the Agreement
in force at such time. Your continued use of the CandyPokers shall
be deemed to attest to your agreement to any amendments to the Agreement.
The CandyPokers does not and will not assume any obligation to provide
you with notice of any change to these Terms of Service.
Any such modification will take effect within fifteen (15) days
of publication. If any modification is unacceptable to you, your
only recourse is to terminate these Agreements. Your continued use
of the Services following notification or as the case may be such
fifteen (15) day period will be deemed binding acceptance of the
modification.
13. COPYRIGHT AND TRADEMARKS
The terms CandyPokers and any other marks used
by CandyPokers are the trade marks, service marks and/or trade names
of the CandyPokers. All other material used by CandyPokers, including
but not limited to the software, images, pictures, graphics, photographs,
animations, videos, music, audio, text is owned by the CandyPokers.
You obtain no rights in such copyright material or trade or service
marks and must not use them without the CandyPokers 's written permission.
14. DATA PROTECTION
CandyPokers may share your personal data with
any of its agents who may only use such data for strictly the same
purposes as CandyPokers shall specify and within the terms of these
Agreements.
You should assume that all use of our website, and emails and telephone
calls between you and CandyPokers operators will be recorded. These
recordings will be the sole property of CandyPokers and may be used
as evidence in the event of any dispute or to improve customer services.
15. PLAY MONEY AND REAL MONEY ACCOUNT FUNDING
By registering in CandyPokers you will be able
to access both 'play money' games and tournaments ('Play Money Games'
or 'Play for Free Games' respectively) and 'real money' games and
tournaments ('Real Money Games' or 'Play for Real Money Games' respectively),
via the gaming services. No purchase is necessary or required to
play the Play Money Games. 'Play money' funds have no value and
are kept separate from 'real money' funds. They are not transferable
to a 'real money' account nor are they redeemable for any currency.
We do not promise to accurately record the number of play money
chips held by you and your play money chips may be lost at any time.
Further, we reserve the right to set a maximum chip limit for play
money accounts. To play the Real Money Games, you will be required
to pay 'real money' funds into your account by any of the methods
specified from time to time by us. Such funds will be deposited
into your account upon actual receipt of funds by the Group and/or
its agents. Minimum and maximum limits may be applied to the payments
into your account, depending upon your history with us, the method
of deposit, and other factors as determined solely by the CandyPokers.
16. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
- you are acting on your own behalf
- you are not restricted by limited legal capacity
- you are not classified as a compulsive gambler
- all details which you give or have given in the
process of registering are accurate and that you will
continue to update such details should there be any changes.
- you are fully aware of the fact that there is a risk of losing
money through the use of the Software to play games on the CandyPokers
- you are not depositing funds originating from criminal and/or un-authorised activities
- you are not otherwise conducting criminal activities and/or intending to utilize the Player
Account in connection with such activities. You are not using or intending to use or intending to
allow any other person to use the CandyPokers and the Player Account for any prohibited or unlawful
activity, including but not limited to, fraud or money laundering, under any applicable law in
particular your jurisdiction and the laws that apply to us
- you are not under the age of either 18 or the age at which gambling activities are legal
under the law of the jurisdiction that applies to you, whichever is greater
- the debit/credit card details supplied by you in the registration process are
those of the registered account holder and the card has not been reported as lost or stolen
- you have not previously held a Player Account which was suspended or terminated either
by us or by any other online gaming operator, charged back any monies via a Player Account
or maintains a current Player Account
- in opening the Player Account you will not provide any information or make any statement
to us which is untrue, false, incorrect or misleading.
17. PAYMENTS
Your account balance is the amount of real money
held in your Account , plus any winnings and/or minus any losses
accrued from using the CandyPokers services, less any rakes or entry
or other fees, if applicable, and less any amounts previously withdrawn
by you or amounts forfeited or reclaimed by the CandyPokers due
to any known or suspected fraud or due to deposits or other transactions
rejected or cancelled by your bank or any relevant third-party bank
, any Inactive Account Fees or any sums which are otherwise deductible
or forfeited under these Agreements.
- You agree that we or a payment processing company on our
behalf will handle all financial account transactions (Payment
Processor). You hereby agree that the Payment Processor reserves
the right to withhold any payments should the Payment Processor
have reason to believe or any suspicion that you may be engaging
in or have engaged in fraudulent, collusion, unlawful, or improper
activity.
- You agree to fully pay any and all payments due to us or
any third party in connection with your use of the CandyPokers.
You further agree not to make any charge-backs and/or renounce
or cancel or otherwise reverse any of your due payments and
in any such event you will refund and compensate us for such
unpaid payments including any expenses incurred by us in the
process of collecting your payment
- You are aware of and agree that the maximum amount that a
Player can cash-out when winning in casino (Side) games within
a 30 day period, is $9,990 per month
- Please note that we will attempt to accommodate your request
regarding the payment method and currency of payment of your
withdrawal. However, we cannot guarantee this, and we therefore
reserve the right to process and pay withdrawals via any payment
method chosen by us, including without limitation different
payment providers, a bank draft or wire transfer. In addition,
we reserve the right to pay the withdrawals in any currency
at our discretion.
- You can request withdrawals from your Account at any time
provided all payments made have been received. CandyPokers reserves
the right to pay any requested withdrawal partly or in total
via the same method of payment and in the same currency with
which deposits were made. When using credit/debit card or an
e-wallet to make a deposit, CandyPokers may elect not to accept
any withdrawal request within fourteen (14) days after the deposit.
18. CASH OUTS
Your account balance is the amount of real money
held in your Account (if any), plus any winnings and/or minus any
losses accrued from using the Services, less any rakes or entry
or other fees, if applicable, and less any amounts previously withdrawn
by you or amounts forfeited or reclaimed by the CandyPokers due
to any known or suspected fraud or due to deposits or other transactions
rejected or cancelled by your bank or any relevant third-party bank
(whether as a result of insufficient funds, charge-backs or otherwise),
any Inactive Account Fees (see Section 11 below) or any sums which
are otherwise deductible or forfeited under these Agreements ('Account
Balance'). Before you are able to cash out monies deposited by you
or received by way of Inter-Account Transfer or Gift Certificate
you must first have earned Standard Player Points with such monies
(excluding any bonus points awarded) greater than or equal to15%
of the amount received in USD (“Release Requirements”).
Where such monies are deposited or received in a currency other
than USD, the required 15% of Player Points must be calculated on
the value of such monies in USD (based on the exchange rates offered
by us at the point of cash out. In addition, acceptance of a cash
out request is subject to any deposit method restrictions, bonus
restrictions and/or Security Reviews (see Section 16 below) and
any other terms of these Agreements. All amounts you withdraw are
subject to the transaction limits and any processing fees for deposits
and withdrawal methods that we notify you of before cashing out.
Further, the Group may report and withhold any amount from your
winnings in order to comply with any applicable law. All taxes due
in connection with any winnings awarded to you are your sole liability.
Account balances cannot be transferred, substituted or redeemed
for any other prize. Payment of funds which you withdraw shall be
made by cheque, wire, credit card and/or any other manner which
the CandyPokers selects in its sole discretion, although we will
try to accommodate your preferences as indicated by you when you
register. Payments will be made as soon as reasonably possible,
although there may be delays due to any Security Review undertaken
by the CandyPokers and save where the CandyPokers holds any such
payments in accordance with these Agreements.
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS AND PRINT THESE TERMS
AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION,
WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND
GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
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