1.1 CoinPoker is a decentralized poker platform that allows players from around the world to use cryptocurrency to participate in a one of a kind gaming experience. CoinPoker operates using Ethereum-based smart contracts, and all deposits and withdrawals are completed using CHP tokens (or CHiPS).
1.2 CoinPoker was developed to address key issues faced by today’s online poker industry by reducing payment processing time, managing game integrity, creating purely random number generation and allowing for blockchain marketing initiatives.
1.3 Below you will find CoinPoker’s Software End User License Agreement (hereafter referred to as “Agreement”), which outlines the terms and conditions (hereafter referred to as “Terms”) for use of the CoinPoker platform. We kindly ask you to review them carefully.
1.4 For the purposes of the Agreement, the definition of " Software" will include the CoinPoker software that is downloadable to your personal desktop or laptop computer from the website www.CoinPoker.com, and the CoinPoker mobile software application that can be downloaded to your mobile device (including, without limitation, a cellular phone, tablet, PDA, or any other type of mobile device now existing or hereafter devised) as well as all ancillary software to the poker software (whether web-based software or client/server software).
1.5 The Terms found herein constitute a legally binding agreement between You (the “User”, “Your” or “Yourself”) and Processing Fusion LTD (the “Company”, “CoinPoker” or “ We”, “Us” or “Our”) located at 33 Neas Engomis 2409 Engomi, Nicosia, Cyprus, which is the issuer of CHPs and owner of the semi-decentralized online poker platform.
2.1 To access CoinPoker services, You accept to be bound by this contract by either: (i.) entering CoinPoker’s Software installation process or (ii.) using the Software and, in doing so, agreeing not to breach the Terms of the Agreement.
2.2 Furthermore, you may be required to accept the Terms of the Agreement from time to time by clicking a checkbox or other method indicated to You at that time. However, by accessing CoinPoker Software, creating and registering an account with CoinPoker (the “Account”), or choosing to participate in or use the services offered on the platform (the “CoinPoker Services”), You acknowledge that You understand and accept the Terms contained herein, which can be modified or changed, as deemed necessary by CoinPoker.
2.3 You agree not to do, or omit to do, or attempt to do or omit to do, any act or thing which may interfere with the proper operation of the CoinPoker Services, or activities carried out as part of the CoinPoker Services, in accordance with the Terms of the Agreement.
3.1 Underage gambling is illegal in many jurisdictions. Therefore, We recommend You review Your country’s laws before using the CoinPoker Services. You may only use CoinPoker Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and if it is legal for You to do so according to the laws that apply in Your jurisdiction.
3.2 User shall not use CoinPoker Services if it is prohibited under the applicable law. Any User that is in any manner limited or prohibited from the purchase, possession, transfer, use or other transaction involving any amount of CHP under the applicable law should not access this website and is prohibited from accessing, referencing, engaging, or otherwise using CoinPoker Services.
4.1 In order to participate in CoinPoker Services, You must first download Our Software and register an Account. By registering as a User of the CoinPoker Services, You agree to provide accurate, current, and complete personal information as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete.
4.2 CoinPoker prides itself on being different from other poker platforms. We utilize decentralized technology and this is beneficial to You and Us. Therefore, We do not have to collect as much personal information as other prominent poker websites. In fact, the only Registration Data We need from You to register an Account are a valid (i.) email address, and (ii.) phone number, along with a username and password to be used in conjunction with Your Account; it’s as easy as that.
4.3 You accept responsibility for all activities, charges, and damages that occur under Your Account. You agree to (a.) keep Your username and password confidential and not share them with anyone else; (b.) immediately notify Us of any unauthorized use of Your username and password or Account or any other breach of security; and (c.) use only Your own username and password to access CoinPoker Services. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
4.4 You acknowledge and agree that CoinPoker is authorized to act on instructions received through the use of Your username and password, and that We may deny access or block any transaction made through use of Your username and password without prior notice if We believe Your username and password are being used by someone other than You, or for any other reason.
4.5 You may not hold more than one (1) Account in connection with Your use of the CoinPoker Services; only one User is permitted to access and use a single Account. In the event We discover that You have opened or attempted to open more than one Account, CoinPoker reserves the right to suspend or terminate all Your Accounts. In addition to any other rights that We have. CoinPoker also reserves the right to withhold any deposits or winnings upon the discovery of duplicate or multiple accounts at Our sole discretion. Should We decide to leave one Account open, it will be the first Account that You opened with CoinPoker, to which Your remaining deposits, if any, will be transferred.
4.6 If You notice that You have more than one Account under different names, You must notify CoinPoker immediately.
4.7 If You attempt to open any additional Accounts after Your original Account has been closed, any funds held in Your additional Accounts will be immediately forfeited and no winnings shall be paid out under any circumstance.
4.8 CoinPoker employees (the “Employees”), as well as immediate family members including any domestic partner and relative of the Employee who resides at an Employee’s residence (including but not limited to parents, grandparents, in-laws, children, siblings, and spouses), are not permitted to play in any public contests for cash hosted on the CoinPoker Services.
5.1 We recommend the following precautions to help keep Your private information secure:
Never share Your online account;
Do not use the same password for more than one account;
Do not divulge personal information about Your account, including passwords, to anyone – even people who claim to be from customer service or security;
Do not write down Your password or save it on Your computer;
Do not send Your password to anyone or communicate it by telephone, email or instant messaging;
Do not leave Your computer unattended while logged into Your Account;
Change passwords regularly, especially when there is any possibility that they may have been compromised;
Do not use the same passwords for Your operation systems and software/accounts passwords;
To make a secure password, make it alpha-numeric;
Make Your password as random as possible, but easy for You to remember;
Keep Your anti-virus software up-to-date;
Make sure Your firewall is secure;
Avoid logging in to Your CoinPoker Account on public computers – e.g. libraries, internet cafes, etc.; and
Always keep Your OS, browser, and plugins up-to-date.
5.2 In choosing a safe password, We recommend that You:
Use both upper and lowercase letters and try to include at least one number;
Use at least one special character;
Use passwords with a minimum of 8 characters;
Do not use obvious words or Your personal user information such as Your first or last name;
Do not use passwords that match the format of Your birthday, telephone numbers, or other common numbers people may be able to guess; and
Do not use a password that reflects Your username in any way.
6.1 Your account may be compromised if:
There have been changes to Your Account details that You did not commit, such as Your email, home address or phone number;
There has been activity within Your Account that was not done by You. This could include deposits or withdrawals or bets placed;
You have received an email notification of a password change without any action by You;
If any of the above listed events have happened to Your Account, please change Your password immediately and contact CoinPoker customer support service at [email protected]
7.1 You acknowledge and understand that this is an exclusive community. Accordingly, You shall act and behave in good faith and, at all times material, show courtesy, respect and civility to any and all other players, members and/or Employees of CoinPoker who join in Your experience.
7.2 In the interests of ensuring fairness, We may take any measures as We deem appropriate in order to create a fair and balanced game play environment. Without prejudice to any of Your current and pending transactions involving CoinPoker Services, We reserve the right to suspend, modify, remove and/or add to any of the CoinPoker Services at Our sole discretion by notification to You via email with immediate effect and, to the extent permitted by law, We will not be liable for any such action.
7.3 No communications or information published on CoinPoker Services is intended to constitute legal or tax advice, and We accept no liability for any reliance on such content.
7.4 We take Responsible Gaming seriously. If (i.) You have been diagnosed with a gambling disorder or (ii.) You are undergoing treatment for a gambling disorder, You are not allowed to use the CoinPoker Services. If You feel You have lost or may lose control over Your gambling or gambling expenses or feel at risk of losing control, You must notify Us immediately and we will take appropriate measures to rectify the situation.
7.5 You may at any time, at Your discretion, choose to exclude Yourself from using the CoinPoker Services provided on the website by following these instructions. Such exclusion can be made either permanently or temporary by contacting [email protected]. During the exclusion period, You will not be able to open or use Your CoinPoker Account. We would like to urge You to seek professional help if You continue to gamble during any period of self-exclusion (from ourselves or other operators).
You may at anytime determine Your single deposit limits based on a daily, weekly or monthly maximum deposit limit. A request to increase an existing deposit limit will not take effect until 7 days after the aforementioned request is made. CoinPoker also offers a 24 hour cool-off period, 1 week break, or permanent closure in such situations.
Prior to Your use of the CoinPoker Services, and on an ongoing basis, You represent, warrant, covenant, and agree that:
8.1 There is a risk of losing money when using the CoinPoker Services and, that We have no responsibility to You for any such loss;
8.2 Your use of CoinPoker Services is done at Your sole decision, discretion, and risk;
8.3 You will not breach any law, statute, contract or regulation;
8.4 You will need to provide Us with certain personal details about Yourself, as well as consent to Our use of location-based services (LBS) to detect Your geographic location, for the purpose of using CoinPoker Services. CoinPoker will process Your personal details in compliance with data protection laws;
8.5 You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to You through Your use of the CoinPoker Services;
8.6 Telecommunications networks and Internet access services required for You to access and use the CoinPoker Services are entirely beyond the control of CoinPoker, and CoinPoker shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
8.7 You will not take any action that may cause Us to lose any of the services from our internet service providers or other suppliers or service providers;
8.8 You will not take any action that imposes an unreasonable or disproportionately large load on CoinPoker Services, Our infrastructure, Our websites, Our Software or Our systems (including any networks and servers used to provide any of the CoinPoker Services), whether operated by Us, or on Our behalf; and
8.9 You are aged 18 or over (or other age requirements that might be applicable) and that You are not currently self-excluded from using the CoinPoker Services.
9.1 Fraudulent Behavior: Without limitation, CoinPoker reserves the unfettered right to determine what constitutes “Fraudulent Behavior.” Where CoinPoker determines or deems that You have conducted Yourself in a manner that constitutes “Fraudulent Behavior,” which includes but is not limited to instances where You have engaged in, or intend to engage in, fraudulent, dishonest, illegal, or improper activities while using CoinPoker Services, including but without limitation to any of the activities set out more fully below. Where Your conduct is deemed to constitute “Fraudulent Behavior,” CoinPoker, at its sole discretion, is entitled to take any action that it deems fit, which may include but is not limited to blocking Your access to the platform, terminating Your Account, revoking any prize and/or award that has been promised to You, and/or taking any legal proceedings that are deemed appropriate.
9.2 Language and Content: You are expressly prohibited from posting inappropriate content and/or language while using CoinPoker Services, including but not limited to any language and/or content that CoinPoker Employees deem to be unlawful, obscene, libelous, defamatory, threatening, or other material that would violate the law. CoinPoker is not responsible for verbal remarks and their real or perceived consequences on the chat function. You may not commit slander or libel against CoinPoker. The provisions of this Section apply to CoinPoker’s chat function, the player images option (including avatar, graphics and/or text), and player name and username.
9.3 Impersonation: You may not engage in any form of impersonation of an entity, official, Employee, any person whoever, or misrepresent any relationship or affiliation with another person or entity whoever in connection with Your Account and/or Your use of the CoinPoker Services.
9.4 Collusion: Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. CoinPoker reserves the right, in addition to other measures, 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 addition, CoinPoker reserves the right to consider any collusion or attempt at collusion between Users as a material breach of the Agreement and accordingly We shall have the right to terminate a User's Account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt. Furthermore, all prizes deemed by CoinPoker to have been awarded to a User through means of collusion will be immediately confiscated. If the User withdraws said funds before they can be confiscated, they will be considered a debt owed by You to CoinPoker and We reserve the right to take any and all measures permitted by law to retrieve them.
9.5 Commercial Use: CoinPoker grants You access to Our exclusive poker community and does so for Your personal use only. Any commercial use of Our Software is strictly forbidden without express written permission from Us. You shall not post any unauthorized advertising or promotion materials, by way of email, spam, chat function, junk mail comment, or any other form of solicitation whatsoever via the Software or chat facilities provided to You by CoinPoker. In addition, You are prohibited from posting any harmful, illegal and/or destructive material on or through CoinPoker, including but not limited to Software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any and all computer Software or hardware or telecommunications equipment designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scams).
9.6 EPA Programs and Bots: CoinPoker prohibits those External Player Assistance Programs (" EPA Programs") which are designed to provide an "unfair advantage" to Users or to monitor or copy Our website. CoinPoker defines "external" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). CoinPoker defines an "unfair advantage" as any instance in which a User accesses or compiles information on other Users beyond that which the User has personally observed through the User's own game play.
The use of artificial intelligence including, without limitation, "robots" (“Bots”) is strictly forbidden in connection with the CoinPoker Services. All actions taken in relation to CoinPoker Services by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
You agree that CoinPoker may take steps to detect and prevent the use of prohibited EPA Programs and Bots. These steps may include, but are not limited to, examination of software programs running concurrently with the CoinPoker Software on the User's computer. You agree that You will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
9.7 Anonymous Proxy Servers: Anonymous proxy servers help people to avoid content blocks that some websites place on IP addresses from certain jurisdictions. Due to the legal issues that can arise from using CoinPoker Services, specifically those found in Section 3 of the Agreement, You must not use anonymous proxy servers to hide Your IP address from CoinPoker, whether electronically, physically or otherwise.
9.8 Hacking: CoinPoker strictly prohibits Users from facilitating any viruses, Trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or the CoinPoker Services.
9.9 Jailbroken, Rooted or Emulated Devices: The CoinPoker Services cannot be used on jailbroken, rooted or emulated devices. Such devices are vulnerable to malware attacks and viruses, thus pose a risk for the device in use and the CoinPoker Services. Installing and using the CoinPoker Services on such a device is a violation of the Terms of the Agreement. CoinPoker shall in no way be liable for any action or task performed on and/or through jailbroken, rooted or emulated devices and any related liability shall be exclusively assumed by the User. We reserve the right to suspend or discontinue Your access to the CoinPoker Services, in total or in part, for reasons relating to security, use and/or suspicions of use of prohibited jailbroken, rooted or emulated devices.
9.10 Chip-Dumping: Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his/her chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the CoinPoker Services may be permanently banned from using the Service and Your Account may be terminated immediately. In such circumstances CoinPoker will be under no obligation to refund any money that may be in Your CoinPoker Account at such time.
9.11 Third Party Content: We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined) on Our platform. In accordance with the Agreement, We may reject or delete any text, files, images, photos, video, sounds, or any other materials ( “Third Party Content”) posted by You on the platform, which by Our sole opinion breaches the Terms of Agreement. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the platform or with Employees. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to CoinPoker’s operation in any media or forum. Any violation of this Section may result in removal of the Third Party Content, a suspension of Your use of the CoinPoker Services and/or such other action as may be reasonably required by Us to ensure compliance.
Furthermore, You must not copy, reproduce, communicate to any Third Party, alter, modify, create derivative works, publicly display or frame any Content from the CoinPoker Services without Our or any applicable Third Party’s written consent.
9.12 Account Linking: If upon review, We determine You are controlling an Account that is linked to another Account, We reserve the right to, in accordance with Section 4.5 in the Agreement, suspend or terminate all of Your Accounts. An Account is deemed to be “linked” to another Account if CoinPoker has reason to believe that both Accounts are controlled by the same legal personality or group of legal personalities, including without limitation, individuals.
9.13 YOU MUST NOT INTERFERE, DISRUPT, OR ATTEMPT TO INTERFERE OR DISRUPT ANY COINPOKER SERVICES OR OTHER USERS’ USE OF ANY COINPOKER SERVICES. COINPOKER RESERVES THE RIGHT TO EXAMINE USERS’ ACCOUNTS AND PLAY TO PREVENT UNETHICAL AND IMPERMISSIBLE ACTIVITIES.
10.1 The policy and criteria for a User to effect deposits into and withdrawals from his/her User Account can be found on the platform. CoinPoker reserves the right to use additional eligibility criteria to determine the withdrawal options Users may be offered at any given time, and to make any amendments to Our withdrawal policies, at Our sole discretion.
10.2 Your account balance is the amount of cryptocurrency paid into Your Account (by You or Us), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the CoinPoker 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 Us due to any known or suspected fraud.
10.3 A withdrawal is subject to You having made and sufficiently wagered a cryptocurrency deposit or non-restricted bonus in Your Account, accrued winnings, any deposit method restrictions and/or bonus restrictions. Withdrawals will be completed to the same e-wallet address which was confirmed by the User of the CoinPoker Account.
10.4 You may withdraw any amount up to the “Available to Withdraw” balance in Your CoinPoker Account by issuing CoinPoker with a valid notice of withdrawal within the application. Notices for withdrawals must be made via the application. CoinPoker will not accept requests for withdrawal made by (i.) telephone, (ii.) analog mail (including letters), (iii.) fax or (iv.) electronic mail (including email, telegram, or social media messages).
10.5 Before any withdrawals are processed, Your behavior on CoinPoker Services will be reviewed for any irregular playing patterns. Should CoinPoker deem that irregular playing patterns have occurred, CoinPoker reserves the right to withhold any withdrawals, and/or confiscate all prizes and bonuses.
10.6 CoinPoker provides the option for player-to-player transfers, whereby Users can transfer funds from their CoinPoker Account to another User’s Account. CoinPoker reserves the right to suspend or eliminate this feature on any Account that is not compliant with the Terms of Agreement.
10.7 To protect Your personal data during communication with Your web browser, the Company uses secure and tested encryption technology. Online transactions continue to be protected by Our cashier providers, and Our internal security encryption system.
10.8 We may report and withhold any amount from Your winnings in order to comply with any applicable law, or if We believe You have sent or received fraudulent or unauthorised funds. 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 transfer into Your CoinPoker Main Wallet.
10.9 If CoinPoker mistakenly credits Your Account with winnings that do not belong to You, whether due to a technical or human error or otherwise, the amount will remain the property of CoinPoker and the amount will be transferred out of Your Account as soon as practicable. If prior to Us becoming aware of the mistake You withdraw the funds that do not belong to You, without prejudice to other remedies and actions that may be available by law or otherwise, the amount paid by mistake will constitute a debt owed by You to CoinPoker. In the event of an incorrect crediting, You are obliged to notify CoinPoker immediately by email.
10.10 CoinPoker reserves the right to change the prize of a promotion if it cannot be delivered due to unforeseen circumstances. In this case, We will ensure that You are rewarded with suitable replacement prize.
11.1 As a host, CoinPoker applies a commission charge ("Community Contributions") to each poker game in accordance with the guidelines outlined in Section 11 “Community Contributions”.
11.2 Contributions on every hand at cash game tables on CoinPoker are made in CHP.
11.3 Community Contributions are calculated from the amount in the pot at the end of each hand for cash game tables.
11.4 No Community Contributions are charged if the action finishes before the flop.
11.5 Contributions on CoinPoker cash games are set at 1% after the flop.
11.6 For each pot, the Community Contributions is calculated based on each player’s contribution to the pot. For example: Player A puts 4 CHP to the pot, Player B puts 6 CHP into the pot. The total pot is 10CHP. 1% Community Contribution from this pot is 0.1CHP. Player A pays 40% of the total Community Contribution (0.04 CHP) and player B pays 60% (0.06 CHP).
11.7 Contributions on CoinPoker tournaments are set at 5%, and this contribution is included in the tournament buy-in.
11.8 CoinPoker reserves the right to change the Community Contributions on certain tables.
11.9 Community Contribution percentages are subject to change at the discretion of CoinPoker.
11.10 Collected Community Contributions are split into two parts (75% and 25%) for dedicated purposes:
11.10.1 On the last day of every month (or the last business-day of that month) 75% of the Community Contributions collected during that month are burned by transferring the amount to an “eater address” (meaning an address that isn’t owned by anyone).
11.10.2 On the first day of every month (or the first business-day of that month) 25% of the Community Contributions collected during the previous month are distributed for various community incentives and events. These funds are also used for encouraging players and supporters to contribute to the CoinPoker community.
11.11 No amount of the Community Contributions stay within CoinPoker. The total amount of collected contributions is used as described in points 11.10.1 and 11.10.2.
12.1 We provide You with the use of CoinPoker Services and grant You a personal, non-exclusive, non-transferable, and non-sublicensable right to install and use Our Software only to access the CoinPoker servers and use CoinPoker Services, which is at all times strictly and exclusively limited to Your personal use. CoinPoker Software and code are valuable trade secrets and are the sole property of Us and Our affiliated companies, licensors, and/or parent companies.
12.2 In addition, all other material used in any media, correspondence, production, or demonstration by CoinPoker, including but not limited to Software, images, graphics, photographs, animations, videos, music, audio, advertisements, text and any and all related intellectual property rights including copyrights, patents, trademarks and trade secrets are owned by Us and Our affiliated companies, licensors, and/or parent companies. You have no rights in or to any such material and agree not to infringe CoinPoker’s or any third party’s intellectual property rights. All proprietary rights are reserved.
As a consequence of the exclusive community of CoinPoker, any decisions regarding Your interaction with the CoinPoker community are at the sole and unfettered discretion of CoinPoker, and any decision regarding Your Account held with CoinPoker is final. You agree to cooperate in any investigation CoinPoker conducts into You and/or Your Account.
14.1 CoinPoker disclaims any and all warranties, expressed or implied, in connection with the CoinPoker Services which is provided to You "AS IS", and We provide You with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness, or accuracy.
14.2 Regardless of Our efforts to provide You with a service of the highest quality, safety, and security, We make no warranty that the CoinPoker Services will be uninterrupted, timely, error-free, that defects will be corrected, or that the Software and the website shall be free from viruses, bugs or other contaminants.
14.3 Information between Your computer and Our servers will pass through a large number of "peers” on the internet, machines that are not owned by CoinPoker and that do not belong to Your ISP. CoinPoker cannot be held responsible for disruptions to such connections. CoinPoker is only responsible for Our own server disruptions.
14.4 CoinPoker reserves the right to suspend, discontinue, modify, remove or add to CoinPoker Services at its absolute discretion with immediate effect, and without an obligation to provide You with notice where we consider it necessary to do so, including (for example) where we receive information that You have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance, or update of Software. We shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by CoinPoker in this regard.
14.5 WE WILL PROVIDE COINPOKER SERVICES WITH REASONABLE SKILL AND CARE AS DESCRIBED IN THE AGREEMENT. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT COINPOKER SERVICES.
15.1 Notwithstanding any provision of the Agreement to the contrary and not by limitation, CoinPoker has the right to close Your Account and/or terminate the Agreement, suspend Your Account, limit the features and/or Services available, confiscate and forfeit any fees, shares, or other Account attributes where You are in breach of the Terms of the Agreement, or where Your conduct is deemed to be inappropriate towards the CoinPoker community.
15.2 You agree to fully indemnify, defend, and hold CoinPoker, its shareholders, directors and Employees innocent from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
(a.) Your breach of the Agreement, in whole or in part;
(b.) violation by You of any law or any third party rights; and
(c.) use by You of the CoinPoker Services or use by any other person accessing the CoinPoker Services using Your username and password, whether or not with Your authorisation.
16.1 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COINPOKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, 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 COINPOKER SERVICES EVEN IF COINPOKER HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE COINPOKER SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
16.3 OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THE AGREEMENT OR YOUR USE OF THE COINPOKER SERVICES, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICES RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.
16.4 COINPOKER (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THE AGREEMENT OR YOUR USE OF THE COINPOKER SERVICES.
16.5 IF ANY PART OF THE AGREEMENT IS DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED TO BE SEVERABLE FROM THE REST OF THE AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
17.1 The User accepts that the historical data of each game shall be as recorded on CoinPoker’s servers. In the event of a discrepancy between the cards displayed on Your computer and the game records on CoinPoker’s servers, the latter shall prevail. If a User wishes to make a complaint, please contact our customer support service team at [email protected]
17.2 CoinPoker will respond to any User complaints, claims, disputes, or grievances. You agree that if You have any complaints, claims, disputes or grievances with CoinPoker regarding any of Our Services, Employees, or promotions You will contact Us in writing by email as soon as practicable first. In all circumstances You must notify CoinPoker of Your complaints, claims, disputes, or grievances no later than one (1) month from the day the complaint, claim, dispute, or grievance was discovered or should have been discovered.
The Agreement and any matters relating hitherto shall be governed by, and construed in accordance with the English laws. You irrevocably agree that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction in relation to any complaint, claim, dispute or grievance concerning the Agreement and any matter arising therefrom and irrevocably waive 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. Nothing in this Section shall limit the right of CoinPoker to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
19.1 No waiver by CoinPoker of any breach of any provision of the Agreement (including the failure of CoinPoker to require strict and literal performance of or compliance with any provision of the Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of the Agreement.
19.2 Nothing in the Agreement shall create or confer any rights or other benefits in favor of any third parties not party to the Agreement.
19.3 Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between You and CoinPoker.
19.4 The Agreement constitutes the entire understanding and agreement between You and Us regarding CoinPoker Services, and supersedes any prior agreement, understanding, or arrangement between You and Us.
19.5 The English language version of the Agreement shall be the prevailing version in the event of any discrepancy.