Kiwi Poker

Terms and Conditions

PLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND ITSCONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.

1. DEFINITIONS

The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.

Poker Room	the poker room and/or any other poker gaming activities offered by us on our Website and on our downloadable version, as listed at www.kiwipoker.com;
Player Account	One personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to play games on our Poker Room or our Online Poker.
Software	the software licensed to us including any program or data file or any other content derived therefrom, that required to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Poker Room and any other games available for your use;
Username and Password	the username and password which you choose on registration with the Poker Room and the Online Poker;
You	the user of the Poker Software downloaded from the Website.
Us/We/Ours	Crown Solutions Ltd., www.kiwipoker.com;
Website	http://www.kiwipoker.com and any related sites accessible via links or any other access way;

2. SUBJECT MATTER OF AGREEMENT

This agreement covers the arrangements between you and us in relation to your use of the Poker Room either for playing play-for-real or play-for-fun Poker and other games. The rules of the games are placed in the hold'em rules as well as other sections of the Software and the Website, including but not limited to, rules describing how to play, tournaments, and any other rules governing particular game, event, tournament, all such rules are incorporated and included under the term and conditions set out herein.

3. LEGAL REQUIREMENTS

3.1	You can only use the Poker Room and/or the Website if you are the legal age as determined by the law of the country where you live.

3.2	You cannot use the Poker Room and/or the Website if you are under 18 years of age in any circumstances.

3.3

Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We do not intend that anyone should use the Poker Room and/or the Website where such use is illegal. The availability of the Poker Room and/or the Website does not construe an offer or invitation by us to use the Poker Room in any country in which such use is illegal. Use of the Poker Room is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Poker Room is legal in the country where you live.

4. LICENCE TO USE SOFTWARE

We hereby grant to you a personal non-exclusive, non-transferrable right to use the Software, for playing in the Poker Room, in accordance with the following provisions.

4.1 You are not permitted to:

4.1.1	install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of "bulletin board", online service or remote dial-in, or network to any other person;
4.1.2	sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your licence to use the Software or make or distribute copies of the Software;
4.1.3	translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software;
4.1.4	copy or translate any user documentation provided 'online' or in electronic format;
4.1.5	reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software; or
4.1.6	enter, access or attempt to enter or access or otherwise bypass the Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof.

4.2

You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company, (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the licence to use the Software.

4.3

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

4.4

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.

4.5

You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).

4.6	The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.

5. SHARED POKER ROOM NETWORK

5.1	We participate in a shared poker room network which enables you to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provide of poker network services.

5.2	You therefore agree that once you will join a shared poker room you will accept and will comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.

5.3

You acknowledge and agree that we and/or the operator of the shared poker network, at our both sole discretion, reserve the right to terminate your game or block your account as well as deny you from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that you will violate any of the game rules or any of the terms and conditions set out hereunder.

5.4

You further acknowledge and accept that we and/or the operator of the shared poker network, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or alike improper behaviour.

6. SECURITY

6.1	We are a corporation incorporated under the laws of Antigua & Barbuda. We are regulated for the purpose of operating a virtual poker room on the internet under the name www.kiwipoker.com, under a license issued by The Kahnawake Gaming Commission of the Mohawk Territory of Kahnawake, Canada.

6.2	We only allow access to playing games on the Poker Room through secured networks using encryption of the user name and password. You cannot play games on the Poker Room without passing our customer security login.

6.3	You may not use the Poker Room for any commercial use or on behalf of another person. Any use of the Poker Room by you is for own private purposes only.

6.4

You must keep your Username and Password confidential and should not disclose them to anybody. You may not use anyone else's password. You shall be responsible for all transactions conducted in relation to your Player Account using your Password. Every person who identifies him/herself by entering your correct Username and Password is assumed by us to be you and all transactions where the Username and Password have been entered correctly will be regarded as valid.

6.5	You will not allow any third party to use your Player Account to use the Poker Room and you will not use any other person's Player Account or means of payment to access the Poker Room or the Website or the Software.

6.6	It is your responsibility to ensure that you understand the rules and procedures of the games in the Poker Room and your use of online gaming in general before you play any such games.

6.7

We are using the best methods available today for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and our servers, thus securing the Player and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to the Poker Room and/or have your account blocked, and we reserve the right to inform the applicable authorities.

6.8	Our Employees and their relatives, including any of Our related companies and third party agencies and their employees and relatives, are not allowed to open a Player Account or otherwise enter and play on the Website.

6.9

Collusion Prevention

Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of our other related services and their player account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of collusion. If we will suspect of a collusive behaviour during a game, we may, in our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss you or any other player may accrue as a result of the collusive or otherwise unlawful activity and we will not be further obliged to take any other actions in any event of suspected of collusion, fraudulent or fraud.

PLAYTECH END-USER LICENSE AGREEMENT

IMPORTANT

THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE "SOFTWARE") OF PLAYTECH SOFTWARE LIMITED (THE "VENDOR") UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHREWISE USING THIS SOFTWARE IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE.

PLEASE READ THIS AGREEMENT CAREFULLY, TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.

BY CLICKING THE "I AGREE" BUTTON BELOW YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NONELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW; YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.

1. DEFINITIONS

The following words and terms, when used in this Agreement, shall have the following meanings, unless the context clearly indicates otherwise:

1.1. "Online Poker" means Our internet gaming system on the Website, and related services and gaming activities (including, but not limited to, online poker, online bingo, online poker and any other games) offered on the Website.

1.2. "Software" means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Poker, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.

1.3. "You", "Your" and similar terms mean the user of the Software downloaded from the Website.

1.4. "Us", "We", "Our" and similar terms mean KiwiPoker.

1.5. "Website" means www.kiwipoker.com, and any related sites on which the Online Poker is operated and are accessible via links or any other access way.

1.6. "IP Rights" means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, knowhow, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

2. LICENCE TO USE THE SOFTWARE; RESTRICTIONSS

2.1. We hereby grant to you a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your computer, for the sole purpose of participating in the Online Poker.

2.2. This license applies only to the Object Code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.

2.3. In addition, this license does not apply to certain territories, identified by us from time to time; currently, this license does not apply to THE UNITED STATES AND ITS TERRITORIES, ISRAEL, ANTIGUA AND BARBUDA, NETHERLANDS ANTILLES, ESTONIA, CYPRUS, KAHNAWAKE, BULGARIA, HONG KONG, PHILIPPINES, AFGHANISTAN, CUBA, IRAN, IRAQ, LIBYA, SUDAN, SYRIA AND TURKEY
IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES

2.4. We reserve any and all rights not expressly granted in Section 2.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:

2.4.1. use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;

2.4.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;

2.4.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Software;

2.4.4. remove any copyright, proprietary or similar notices from the Software (or any copies of it);

2.4.5. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of "bulletin board", online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services; or

2.4.6. copy or translate any user documentation provided online or in electronic format.

2.5. You acknowledge and agree that the all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.

3. YOUR DUTY TO EXAMINE LEGALITY OF USE

You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you live. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal requirements in the various jurisdictions, You undertake to examine the legality of Your participation on the Online Poker and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.

4. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN "AS IS" BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR THAT (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS. NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.

5. CONFIDENTIALITY

The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Poker. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.

6. YOUR WARRANTIES AND REPRESENTATIONS

You warrant and represent to Us that:

6.1. You are not a resident of any of the excluded territories listed in Section 2.3 above; and

6.2. You have examined the legality of Your participation on the Online Poker and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal is such jurisdictions under all applicable laws and orders of any competent authority.

7. CHANGES TO THIS AGREEMENT

7.1. We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not we have notified you specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.

7.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Website or the Online Poker after the effective date of certain changes (regardless of the way we have notified such 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 continue to use the Website or the Online Poker any further.

8. TERM AND TERMINATION

8.1. This agreement is effective, and binding upon You, from the moment of Your acceptance by clicking on the "I agree" button, and shall remain in force unless terminated in accordance with the provisions hereof.

8.2. You may terminate this Agreement with immediate effect at any time, subject to the terms of clause 8.4. Termination by You shall be effected by sending us written notice of the termination of Your participation on the Website and the Online Poker and closure of your account with Us.

8.3. We may terminate this Agreement with immediate effect at any time, by written notice to You.

8.4. Upon any termination of this Agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material.

9. NO CLAIMS AGAINST VENDOR; LIMITATION OF LIABILITY

9.1. You understand and agree that We will be solely responsible to You under this Agreement, and while your commitments under this Agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this Agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.

9.2. You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this Agreement, including the provisions of this Section 9, and at your own risk. IN NO EVENT SHALL WE (AND FOR THE AVOIDANCE OF DOUBT, ALSO VENDOR) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:

9.2.1. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or

9.2.2. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) EURO 1,000 (ONE THOUSAND EURO).

10. GENERAL PROVISIONS

10.1. Governing Law. The construction, validity and performance of this Agreement will be governed by the laws of England.

10.2. Competent Courts. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

10.3. Severability. The illegality, invalidity or enforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

10.4. Language. The English language version of this Agreement will prevail over any other language version issued by us.

10.4.1. No assignment by You. You are not allowed to assign this Agreement or any rights or obligation hereunder to any other party.

10.4.2. Priority. This Agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.

10.4.3. Notices. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of your client application, or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to: support@kiwipoker.com

IF YOU AGREE TO BE BOUND BY ALL OF THE ABOVE TERMS AND CONDITIONS ,PLEASE INDICATE YOUR AGREEMENT BY CLICKING THE "I AGREE"/"CREATE ACCOUNT"/"DOWNLOAD" BUTTON.