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Terms of Service

TERMS OF SERVICE

PLEASE READ THE TERMS OF SERVICE SET OUT HEREIN CAREFULLY BEFORE USING THE SERVICES PROVIDED BY THE COMPANY.

1.              Introduction

1.1.         Iris Holders Ltd OPERATING UNDER THE NAME OF STOCK POKER (“the Company"), supplies and operates online gambling services under a shared conduct of gaming business agreement concluded with Games & More B.V., the holder of a valid license granted by the government of the Country of Curaçao to Games & More B.V. in terms of the laws and regulations of the Country of Curaçao and in particular the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, PB 1993, no. 63), National Ordinance on identification when rendering services (Landsverordening identificatie bij dienstverlening (LID), PB 2017, no. 92), and the National Ordinance on the reporting of unusual transactions (Landsverordening melding onge-bruikelijke transacties (LMOT), PB 2017, no. 99) and subject to the Curaçao Gaming Control Board (GCB). 

1.2.         All transactions between you and the Company are ruled by Curaçao law.

1.3.         The online gambling services offered by the Company via the Internet (the "Internet Platform"), and your use of the Company’s online gambling services via the Internet Platform are regulated by these Terms of Service.

1.4.         The Company’s software (“the Software") allows you to use our online gambling services (“the Services").  The Company reserves the right to amend, modify, remove or add to the Services or the Software in its sole discretion at any time with immediate effect and without notice.

1.5.         In addition, the Company reserves the right to amend, update and change any of the provisions of these Terms of Service from time to time.  It is your responsibility to frequently check for updates to these Terms of Service and to ensure that you are aware of the current Terms of Service.

1.6.         In these Terms of Service, "you" or "your" or "User" or “Player” means any person who uses the Services or the Software in terms thereof. Unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its directors, officers, employees, agents and contractors.

2.              Acceptance of Terms and Conditions

2.1.         By registration as a player on the Site and/or by using the Company’s online gambling services and/or by downloading, installing or using the Software, you agree to be bound by these Terms of Service completely and without reservation.

2.2.         These Terms of Service constitute a binding legal Agreement (“the Agreement”) between you and the Company, and the Agreement shall govern your use of the Company’s Software and Services at all times.

2.3.         If you do not agree to any of the provisions of these Terms of Service, you should immediately cease using the Software and the Company’s Services.

3.              Permitted Participation

3.1.         No-one under the age of 18 may download the Software or use the Services under any circumstances. The Company reserves the right to request proof of age at any time. The Company may terminate your account and/or exclude you from using the Software or the Services if the Company suspects that you are under the age of 18 or if acceptable proof of age is not provided by you. The Company reserves the right to withhold any funds in your account until your age is verified.

3.2.         Use of the Software and the Services is prohibited from such jurisdictions where online gambling is not legal.  In addition, persons located in certain countries which the Company does not service will not be eligible to open an account with the Company, make any deposits or use the Services. Access from these countries to the Company’s website will be blocked. The Company reserves the right to change the list of countries from which it will not accept users of the Service from time to time in its sole discretion.  A current list of prohibited countries can be found on our Deposit & Withdrawal webpage  https://stockpokeronline.com/deposit-withdrawal/

3.3.         You shall access the Software and use the Services only via your own account and you may not under any circumstances access the Software or use the Services by means of another person’s account. Should you attempt to use the Services by means of any other person’s account, the Company will be entitled to immediately close your account, retain all monies in such account and bar you from future use of the Services.

3.4.         You shall only register one account for use of the Services by you or by anyone from the same family or living in the same household. Should you register more than one or multiple accounts, the Company will be entitled to immediately close your accounts, retain all monies in such accounts and bar you from future use of the Services regardless of the registration details provided at the time of opening such accounts.

3.5.         The Company reserves the right to verify the personal details that you provided on registration, including your name, address, age and payment methods used, at any time.  The Company shall be entitled to request that you provide supporting documentation. In the event that you do not comply with such a request, or the Company is not satisfied that the documents are valid or otherwise provide the necessary verification, the Company will be entitled to close your account and retain any funds that are in such account.

3.6.         The Company reserves the right to require you to provide information regarding your source of funds, financial standing, occupation, and other similar details. The Company further reserves the right to restrict any Player’s account including, without limitation, restricting the amount you may deposit into the account, based on the information you provide, or if you fail to provide the required information and the Company may decide at its sole discretion to terminate a Player’s account, and withhold all funds in such account, on the basis that such an investigation provides a negative or uncertain conclusion.

4.              Your Account

4.1.         In order to use the Services, you will be required to create an account on the Site.  You will be prompted to provide such information that the Company requires in order to positively identify the user, including, but not limited to, your full names, date of birth, country of residence, email address, telephone number, government issued identification and a photographic image of yourself.  You are obliged to give correct information and to ensure that the information remains current and correct. 

4.2.         Should any of the information that you provide to us be untrue, inaccurate or otherwise incomplete, you will be in breach of the Agreement and the Company reserves the right to block or terminate your account immediately, in addition to any other action that we may choose to take.

4.3.         All personal Information so provided will be held in confidence by the Company, unless Players agree to their identities and details being used for publicity purposes.

4.4.         Your account is for your sole personal use only and shall not be used for any professional, business, or commercial purpose.

4.5.         You may only register one account.  You, together with your family members and members of your household may register only one account.

4.6.         We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorized by you.

4.7.         Monies held in your account shall not attract any interest.

4.8.         If you do not log in to your account for a consecutive period of 365 days, your account will be considered to be a "dormant account". Any positive cashable balance in a dormant account may be removed by us. Before any positive balance is transferred out of a dormant account, we will use reasonable efforts to notify you via the most current contact details you have provided to us.

4.9.         The Company may, at any time, set off any positive balances in your account against any amount owed by you to us.

4.10.     As well as possessing the right to restrict your account including without limitation, restricting the amount you may deposit into the account, the Company reserves the right to limit or refuse any bet, stake or other wager made by you or through your account.

5.              Information Technology/Intellectual Property

5.1.         On your acceptance of these Terms of Service, the Company grants to you the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services, in accordance with these Terms of Service. The Software’s code, structure and organization are protected by intellectual property rights. You must not:

5.1.1.           copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;

5.1.2.           sell, assign, sublicense, transfer, distribute or lease the Software;

5.1.3.           make the Software available to any third party through a computer network or otherwise;

5.1.4.           export the Software to any country (whether by physical or electronic means); or

5.1.5.           use the Software in a manner prohibited by applicable laws or regulations.

(together the "Prohibited Activities").

11.2       You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.

11.3       The brand names relating to the Stock Poker brand and the Site and any other trademarks, service marks and/or trade names used by the Company either on its own behalf or together with its partners from time to time (the "Trade Marks") are the trademarks, service marks and/or trade names of the Company who reserves all rights to such Trade Marks. In addition to the rights in the Trade Marks, the Company and/or its licensors and/or its white label partners own the rights in all other content, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Internet (the "Site Content") and the Site Content is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Services or the Software you obtain no rights in the Trade Marks or the Site Content and you may only use the same in complete accordance

6.              Compliance with Laws

6.1.         Online gambling is not legal in all jurisdictions.

6.2.         You are responsible for verifying the relevant laws in your jurisdiction about the legality of your use of the Software and the Services before registering with the Company and using the Services. 

6.3.         The Company does not intend to contravene the laws applicable in your jurisdiction and the Services are intended only for Players who are not prohibited by the laws of their jurisdiction from online gambling. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you.

7.              Responsible gaming policy

7.1.         We support responsible gaming.

7.2.         If you have previously experienced any gaming addiction, suffered financial problems, lost time from work, felt remorse from gambling or any other similar issue, it is your responsibility to refrain from opening new accounts whilst such issue is in place.  If you do not so refrain, we will close all accounts as soon as detected. We are not obligated to refund to you any deposits or funds from the account that you opened whilst such issue was in place.

7.3.         If you believe that you have a gaming problem, or if you want to regulate the maximum amount and/or frequency of deposits, contact support@stockpoker.com

8.              Self-exclusion

8.1.         If you have chosen to self-exclude yourself either permanently or to temporarily “Take a Break” period from our platform, we will close all accounts identified as belonging to you permanently or for duration period as requested, in accordance with our Responsible Gaming Policy.

8.2.         You acknowledge and agree that should you choose to self-exclude from the Site, you shall not be permitted to open or use a new account with the Site or any other site that may be operated by the Company during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event you are in breach of the foregoing, we shall be entitled to block any new account you open, forfeit any funds therein, and we shall not be liable to refund to you any funds you may have wagered or won through such account.

9.              Player Identification

9.1.         The Company is committed to anti-fraud and money laundering and to this end a Player shall be required to provide personal authentication prior to:

9.1.1.           Any withdraw request;

9.1.2.           Any second money deposit;

9.1.3.           Any deposit over $500 equivalent.

9.1.4.           Any in game person-to-person money transfers.

9.2.         Accepted forms of identification include a photographic image of yourself (self picture) holding a clearly readable Government Issued photo ID such as license, resident card, or passport. 

9.3.         Two Factor authentication is provided for Player’s use to confirm log-in to the Platform.  While not mandatory for Players to utilize Two Factor Authentication, we strongly suggest that all Players do so.  

10.           Payment Transactions and Payment Fraud

10.1.     Each Player is fully responsible for paying all monies owed to the Company. You are prohibited from making or attempting to make any charge-backs, and/or deny or reverse any payment that you have made and you hereby agree that you will reimburse the Company for any charge-backs, denial or reversal of payments that you make and any loss suffered by the Company as a consequence thereof.

10.2.     The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users determined to be using credit cards to make deposits.   

10.3.     The Company reserves the right to run credit checks on all users with third party credit agencies, on the basis of the information provided to us on registration.

10.4.     The Company reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of these Terms of Service, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.

10.5.     In the case we have reasonable suspicion that a fraudulent payment is being made or received, including use of stolen credit cards or any other fraudulent activity, the Company reserves the right to block or terminate a Player’s account, reverse any pay-out made and recover any winnings. The Company shall be entitled to inform any relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.

11.           Prohibited Uses of the Site and Services

11.1.     You agree to use the Services and the Site for personal entertainment purposes only and agree not to use the Service and/or the Site for any prohibited purposes, including but not limited to what is set out in this clause.

11.2.     Illegal Funds and Unlawful Activities: You are prohibited from using funds for or gambling on the Site, the source of which is not legal and you are prohibited from using the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction under the laws of any jurisdiction that applies to you, and particularly Curaçao, and in particular money laundering and the financing of terrorism.

If the Company has a reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, but not limited to money laundering activities, the financing of terrorism or conduct otherwise in violation of these Terms of Service, your access to the Services may be terminated immediately and/or your account blocked and the Company will be under no obligation to refund to you any funds that may be in your account. The Company shall be entitled to inform Interested Third Parties of your identity and suspected activity.

In the interests of fair play on the Site it is prohibited to utilize any recognized betting techniques to circumvent the standard house edge in our games. If the game play on your account indicates that you are using such betting techniques, we shall immediately block the account and retain any funds in said account.

11.3.     Circumvention: The Company employs sophisticated technology that seeks out and identifies Players making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures.

If the Company believes, in its sole discretion, that you are in breach of this clause, the Company may inform Interested Third Parties thereof, terminate your access to the Services immediately and/or block your account, and the Company will be under no obligation to refund to you any funds that may be in your account.

11.4.     Intentional Disconnection: You are not permitted to intentionally disconnect from a game while playing on the Site. We employ sophisticated technology that seeks out and accurately identifies Players who carry out an intentional disconnection during a game.

11.5.     If the Company believes, in its sole discretion, that you are in breach of this clause, the Company may inform Interested Third Parties thereof, terminate your access to the Services immediately and/or block your account, and the Company will be under no obligation to refund to you any funds that may be in your account.

12.           Your Representations and Undertakings

By accepting these Terms of Service, you acknowledge and warrant that:

12.1.     You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.

12.2.     You are at least 18 years of age, of sound mind and you are capable of taking responsibility for your own actions.

12.3.     All information provided by you to the Company either during the registration process or at any time thereafter, is current, correct and complete and matches the name(s) on the credit/debit card(s) or other payment methods to be used to deposit or receive funds in your account.

12.4.     Your account with the Company is solely for your benefit. You shall not allow any third party whatsoever to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party.

12.5.     You shall inform the Company immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.

12.6.     You fully understand the methods, rules and procedures of the Services and online gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct.

12.7.     You will not commit any acts or display any conduct that damages the reputation of the Company.

12.8.     You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company or its directors, officers or employees.

12.9.     You shall use the Site, the Services and the Software in complete accordance with these Terms of Service, as amended from time to time, and you shall abide by all of the rules and instructions for playing the games that comprise the Services.

12.10. You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you.

12.11. You are solely responsible for any telecommunications networks and Internet access services and you acknowledge that you may be at a disadvantage in relation to other players as a result of technical issues, such as slower network speeds or slower end user device performance.

12.12. You shall use the Services and the Software only in good faith towards both the Company and other players using the Services. In the event that the Company has reasonable suspicion that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your account or accounts and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.

13.           Obligations of the Company

13.1.     The Company has no obligation to monitor whether users are using the Services in accordance with these Terms of Service.

13.2.     Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a Player against any other Player using the Services or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of these Terms of Service.

13.3.     The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or unusual transactions or otherwise violating the terms of these Terms of Service, but is under no obligation to do so.

13.4.     The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company’s negligence, the Company shall not be liable.

14.           Privacy policy

14.1.     The Company collects personal information of its users.  We understand that this information is Private, and as such:

14.1.1.        Personal Information is held securely and will never be published or sold. 

14.1.2.        Your account password is known only to you and our employees, technicians and contractors do not have the ability to view Users’ private passwords.

14.2.     Personal data is collected for use in preventing fraud and in compliance with anti-money laundering legislation and the combating of the finance of terrorism legislation. 

14.3.     Users’ unique device identification, MAC, IP address and other descriptive electronic signature information are collected at each session of use to prevent collusion.  

14.4.     All games are IP restricted which means that multiple persons (assumed to be in close proximity) may not access games simultaneously from the same IP address.

14.5.     Some games may be GPS restricted, and users’ current geographic GPS information is collected electronically.  These are special games for which a Player must opt in, where for example, a particular game may only be accessible to Players from a certain country.

14.6.     We may from time to time send you promotional material.

14.7.     Certain personal and non-personal information may be shared with affiliates if doing so allows us to provide the Services. 

14.8.     Personal information may also be disclosed to affiliates if a Player terminates his or her account, or requests to “take a break”.

14.9.     We may share your information with third party or non-affiliated entities:

14.9.1.        to confirm your identity and the information that you have provided to us and to perform credit checks;

14.9.2.        where required by Law or regulation;

14.9.3.        in compliance with subpoena or other lawful court order or legal process;

14.9.4.        in connection with any legal action, including the collection of debts;

14.9.4.1.  in event of company sale, acquisition or merger with another company.

15.           No warranty

15.1.     The Services and the Software are provided "as is". The Company makes no warranty or representation, whether express or implied, including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the Services or the Software or the applicable laws and regulations. The entire risk as to the use, quality and performance of the Software lies with you.

15.2.     The Company makes no warranty that the Software or Services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Software or the Server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Services.

15.3.     A malfunction voids all pays. In the event of systems or communications errors or malfunctions, bugs or viruses relating to account settlement or other elements of the Services or resulting in loss of data or winnings or bonuses or anything similar thereto by you or any other damage to your computer equipment or software, the Company shall in no way be liable to you and whenever such systems or communications errors or malfunctions, bugs or viruses are discovered, the Company shall void all games in question and payments in relation thereto and may take any other action to correct such errors.

15.4.     If you receive any winnings or bonuses (or any other similar benefit) (“the benefits”) as a result of any error made by the Company or on our behalf (whether technical or manual) in calculating, allocating or distributing benefits, we may void the benefits and, to the extent that you have already received or been credited with a payment in respect of the same, you will repay that amount to us or we may deduct it from your account.

15.5.     The Company shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the site.

16.           Limitations of Liability

16.1.     You agree that you are free to choose whether to use the Services and do so at your sole option, discretion, and risk.

16.2.     The Company shall not be liable to you or any third party in contract, delict, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with the use by you or any third party of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

16.3.     The Company shall not be liable in contract, delict, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Site. The Company is not responsible for the content contained on any Internet site linked to from the Site or via the Services.

16.4.     You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.

16.5.     Nothing in these Terms of Service shall operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s negligence.

16.6.     In the event that the Software or Services fail to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Site or its contents or any error or omission in content or any other factors beyond our control:

16.6.1.        the Company will not be responsible for any loss, including loss of winnings, that may result; and

16.6.2.        if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.

17.           Breach of these terms of service

17.1.     You agree to fully indemnify, defend and hold the Company, its officers, directors and employees harmless 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:

17.1.1.        any breach of these Terms of Service by you;

17.1.2.        violation by you of any law or the rights of any third party;

17.1.3.        use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or

17.1.4.        acceptance of any winnings.

17.2.     In addition to any other remedy available, if you breach any of these terms and conditions of these Terms of Service or the Company has reasonable grounds for suspecting that you have done so, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company, pending investigation and/or the conclusion of any legal proceedings. Failure to comply with these Terms of Service may also result in the immediate termination of your access to the Services and/or blocking of your account, and/or legal action being taken against you.

18.           Disputes

18.1.     You accept and agree that the random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence.

18.2.     You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company’s decisions in regard to such matters.

18.3.     No claims or disputes will be considered more than 7 business days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer service department at support@stockpoker.com and to provide the Company with all the relevant information or evidence which the Company reasonably requires to review your claim or dispute.

18.4.     The Company’s Support Team will review your claim and provide you with its decision within 14 business days of you submitting your claim or dispute.

18.5.     If you play in any EU member state, you can refer a gambling transaction dispute through the European Commission’s Online Dispute Resolution Platform found at ec.europa.eu/consumers/odr 

19.           Duration and Termination

19.1.     The Agreement contemplated in these Terms of Service shall come into force immediately upon your completion of the registration process required to open an account with the Company and shall continue in force unless and until terminated in accordance with these terms.

19.2.     We may terminate the Agreement and your account (including your username and password) immediately without notice:

19.2.1.        if for any reason we decide to discontinue to provide the Services in general or specifically to you;

19.2.2.        if we believe that you have breached any of these Terms of Service;

19.2.3.        if your use of the Services has been in any way improper or breaches the spirit of these Terms of Service; or

19.2.4.        if your account is associated in any way with any existing account that has been terminated for breach of these Terms of Service. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts; OR

19.2.5.        for any other reasonable grounds we see fit.

19.3.     Save for as otherwise provided herein, on termination of the Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.

19.4.     You may terminate the Agreement and your account (including your username and password) at any time by sending an email to us at support@stockpoker.com The termination will take effect upon the Company terminating your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of your email on our servers in Curaçao.  You shall remain responsible for any activity on your account between sending us the email and the actual termination of your account by the Company.

19.5.     On termination of the Agreement you shall:

19.5.1.        discontinue your use of the Software and the Services;

19.5.2.        pay all amounts due and owing to the Company; and

19.5.3.        remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.

19.6.     Upon the termination of the Agreement for any reason, except as otherwise provided in the Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the Agreement.

19.7.     The right to terminate the Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the prior breach by the other party.

19.8.     In the event of our termination of the Agreement on account of your breach of the Agreement, the Company will be under no obligation to refund to you any funds that may be in your account and you shall have no claims against the Company in such regard.


 

20.           General

20.1.     If any part of the Terms of Service constituting the Agreement between the Company and the Player is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.

20.2.     No waiver by us of any terms of the Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the Agreement.

20.3.     Unless otherwise expressly stated, nothing in the Agreement shall create or confer any rights or any other benefits to third parties.

20.4.     Nothing in the Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

20.5.     The Agreement contains the entire agreement between the Company and you relating to your use of the Software and the Services and supersedes any and all prior agreements between the Company and you in relation to the same. You confirm that, in agreeing to accept these Terms of Service, and the Agreement coming into being, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in these Terms of Service.

20.6.     The Company reserves the right to transfer, assign, sublicense or pledge the Agreement, in whole or in part, without your consent: (i) to any entity within the same corporate group as the Company, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.

20.7.     You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under the Agreement.

20.8.     Subject to applicable laws and regulation, the Company may outsource any or all of the Services it provides under the Agreement to third parties.

20.9.     Nothing in these Terms of Service shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.

21.           Gaming Regulations

The Company is regulated by the laws and gaming regulations of the Country of Curaçao. You acknowledge that the Company may be bound to disclose certain information about you and your account to the Curaçao authorities pursuant to such laws and regulations.

22.           Chat Feature

22.1.     As part of your use of the Service the Company may provide you with a chat facility via which you will be able to communicate with other users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility you is subject to the following rules:

22.1.1.        You shall not make any statements that are grossly offensive, sexually explicit or express bigotry, racism, hatred or profanity;

22.1.2.        You shall not make statements that are abusive, defamatory, harassing or insulting to other users of the Service;

22.1.3.        You shall not make statements that advertise, promote or otherwise relate to any other online entities;

22.1.4.        You shall not make statements about the Company or the Site or any other Internet site connected to the Company that are untrue and/or malicious and/or damaging to the Company.

22.2.     In the event of your breaching any of the provisions in this clause, the Company shall have the right to remove your chat privilege or even temporarily or permanently terminate your account. Upon termination the Company shall refund to you any funds which may be in your account over and above any amount which may be owing to the Company at such time. 

22.3.     We are fully aware that English is not the first language of many of our players worldwide. However, our policy provides for this to be the only language permitted in our chat application.

22.4.     PLEASE NOTE: When using the chat facility, any personally identifiable information that you submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send you unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that you choose to disclose via the chat facility.

23.           Customer Service Department and Special Promotions

23.1.     For service quality assurance calls made by you to the customer service department may be recorded.

23.2.     You hereby expressly consent to the Company using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time.

23.3.     The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company’s employees. In the event that the Company, in its sole discretion, deems that your behavior, whether via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company’s employees, the Company shall have the right to terminate your access to the Services immediately and/or block your account, and the Company will be under no obligation to refund to you any funds that may be in your account.

23.4.     The Company may, from time to time, offer you special promotions. You may be notified of these promotions by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS and (iv) additional windows opening from within the Software.

23.5.     You may elect to opt-out in relation to various types of communications from the Company and should you choose to opt-out from communications the Company shall respect your wishes in such regard.  In order to opt-out of communications, you are required to send written notice to stockpokeronline.com.

24.           Governing Law

The Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the Country of Curaçao, and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Curaçao to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by the Agreement or otherwise arising in connection with the Agreement.


 

25.           Language Discrepancies

These Terms of Service have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions thereof and the English language version  arising, the meaning of the English language version shall prevail.

26.           Currency

Two forms of online platform currency are available: Play Money and United States Dollars (USD).  Deposits made in Bitcoin or other crypto currency are converted to the equivalent current USD.

27.           Exchange Rates

You hereby acknowledge and accept that jackpot and other promotional amounts may be displayed on the Site in one currency but are paid to you in another currency. All currency conversions executed by the Company for the purposes of allowing you to deposit and cash-out money from your account shall be executed by the Company at an exchange rate comparable with daily commercial rates offered by banks and credit card companies.

28.           Minimum Hardware Requirements 

28.1.     The minimum recommended specifications for the download version are:

28.1.1.        For PC:

o     OS – Windows 7 Home Basic

o     CPU – Pentium 1.8 GHz (or AMD equivalent)

o     RAM – 760 Mb

o     HD – 300 Mb available

28.1.2.        For Mac

o     OS version: Mac OS X 10.6.8

o     CPU: 2.4 GHz Intel Core 2 Duo

o     Memory: 4GB DDR2 667 MHz

28.2.     The non-download client is supported on the following browsers: Internet Explorer 10.0 and the latest version of Firefox, Safari and Chrome.

28.3.     In relation to the mobile application on the Android operating system the minimum requirements are:

o     ARMv7 processor with vector FPU, minimum 550MHz, OpenGL ES 2.0, H.264 and AAC HW decoders

o     Android™ 4.4 and above

o     1GB of RAM

28.4.     Please note that we may discontinue support for outdated versions of the abovementioned hardware or software at our sole discretion.

29.           Uninstall and Shortcut Additions 

If you are using the download form of the Software and wish to have it uninstalled you will be able to do so via the Add/Remove Programs on your computer. Please note that upon installation of the Software the following shortcuts shall be added to your computer’s desktop:

·                  Quick launch shortcut

·                  Desktop icon

·                  Client link from the Start Menu

·                  Brand folder with client and uninstall link from the Programs option on the Start Menu

·                  Client link from the Games option on the Start Menu

If you choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules and monitor fraud attempts.

Provisions specifically relating to Poker

30.           General

30.1.     You hereby acknowledge that all bets placed by you in relation to multi-player poker games are bets placed with other Players and not bets placed with or against the Company.

30.2.     The Company does not assume any risk whatsoever for bets placed between you and any other user of the Services.

30.3.     The Company does not under any circumstances either place or accept bets itself. 

30.4.     You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter. 

30.5.     We provide multi-player poker games so as to provide a platform for users to play poker and to bet with each other using the Software. In consideration of this service we charge either:

30.5.1.        a commission (known as a rake) which is calculated in accordance with the House Rules.

30.5.2.        a percentage of the "buy-in" fee for tournaments.

31.           Collusion:

31.1.     Collusion occurs when two or more players attempt to gain an unfair advantage which includes but is not limited to sharing knowledge of their cards or other information, and unless stated otherwise by the Company, by agreeing to split a prize-pool.

31.2.     We utilize sophisticated technology intended to seek out and identify players acting in collusion.

31.3.     If any Player who colludes or attempts to collude with any other player, or if any Player is suspected of colluding or attempted collusion with any other Player while using the Services, the Company may, in its sole discretion, terminate the Player’s access to the Services and/or block their account and withhold all available funds in the account and the Player may be permanently banned from using the Services or the Software or any other related services of the Company.

31.4.     No Player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating or any other form of fraud.  If you suspect that any player is colluding with another or cheating, you can contact us via email at support@stockpokeronline.com  

32.           Chip-Dumping:

32.1.     Chip-dumping occurs when any Player deliberately loses a hand in order to deliberately transfer his chips to another Player.

32.2.     Any Player who is involved in an act of chip-dumping or attempted chip-dumping or if any Player is suspected of an act of chip-dumping or attempted chip-dumping while using the Services, the Company may, in its sole discretion, terminate the Player’s access to the Services and/or block their account and withhold all available funds in the account and the Player may be permanently banned from using the Services or the Software or any other related services of the Company.

33.           If we reasonably suspect that an account or group of accounts are operating systematically in order to gain an advantage over another player or to commit any act in bad faith in relation to the other players or the Company, whether by employing specific techniques to disadvantage other players or playing as a group, or in any other manner, Company may, in its sole discretion, terminate the Player’s access to the Services and/or block their account and withhold all available funds in the account and the Player may be permanently banned from using the Services or the Software or any other related services of the Company.

34.           Software Aids:

34.1.     Please note that in relation to any peer-to-peer games or any other games, you may not use any tools or software other than:

34.1.1.        tools that provide you with basic game statistics and information that could be useful to beginners, such as hand strength and pot odds indication,

34.1.2.        tools which provide you with basic-level advice about the game such as opening hand charts,

34.1.3.        tracking software that calculates and displays in-game statistics which are intended to help you organize the information that he already has access to as a player at that specific table, and

34.1.4.        tools that improve your experience without influencing the game itself or providing any advice (for example enhanced display, keyboard shortcuts and improved visibility), which shall not include any software program or external aid which, in our opinion, enables you to find a seat at a poker table or automatically seats you at a poker table,

(collectively "the Permitted Aids").

34.2.     You may not use any software program, robot or external aid, which is endowed with artificial intelligence or which is not included in the list of  Permitted Aids list, regardless of whether you are actually using the Software. This includes, but is not limited to the following:

34.2.1.        tools and services that allow for any type of collusion between players, including but not limited to showing cards,

34.2.2.        tools that assist players to select games in accordance with player identity,

34.2.3.        tools or websites that reveal and share information about other players against their will, such as game statistics and overall earnings,

34.2.4.        any type of tool that performs any action on behalf of a player at the table,

34.2.5.        any tool or program that collects information about other players at the tables in the player’s absence,

34.2.6.        any tool or program that provides game advice in real time based on the actions of the other players at the table; or

34.2.7.        any software program or external aid which, in our opinion, enables you to find a seat at a poker table or automatically seats you at a poker table

(collectively “Software Aids”).

34.3.     In the event that we deem that any Software Aid has been used, the Company reserves the right to take any action we see fit, and the Company may, in its sole discretion, terminate the Player’s access to the Services and/or block their account and withhold all available funds in the account and the Player may be permanently banned from using the Services or the Software or any other related services of the Company.

35.           Abuse of the "Sit Out" Feature

35.1.     The “Sit Out” feature is only intended for taking short breaks between extended periods of play. It is not intended for use while no play is taking place at the table, or for waiting on players to join or leave the table.

35.2.     We reserve the right, at our discretion, to take action against players "sitting out" for excessive periods of time. Players who repeatedly abuse the "Sit Out" feature may be restricted from participating in our poker games either temporarily or indefinitely. 

36.           Fraudulent behaviour:

In case of any investigation relating to suspected fraudulent behaviour with regard to poker play involving your account and any other Players, the Company will investigate any such activity, and take any action we reasonably believe is necessary (including blocking said accounts and retaining any funds therein). We are under no obligation to provide details of the investigation and/or funds retained, or whether this has affected your account in any way. We will cooperate with any competent authority  or Interested Third Parties investigating such an incident, and funds will be retained by us until we have received sufficient instructions from the competent authority or Interested Third Parties to either unblock said accounts, or release any portion of the retained funds back to the accounts affected. 

37.           Payment Disputes:

37.1.     Each User of the Services is responsible for paying any and all monies owed by it to other Users and/or to the Company. Any claim which a User may have for payment of winnings to it in respect of losing bets placed by another User are against that other User and not the Company. The Company is in no way responsible to pay you if any User fails to pay his debts for whatever reason, or for taking any action whatsoever against such users. All disputes that arise between Users of the Service, including those relating to payment fraud, are not the responsibility of the Company.  

37.2.     If your account is associated with poker fraud in any way, whether through Chip Dumping, Collusion, or the receipt of fraudulent Money Transfers or in any other way, your account may be terminated, and we will be under no obligation to refund to you the funds in your account.

37.2.1.        This is irrespective of whether it can be proven that your account intentionally received funds from a fraudulent user. 

37.2.2.        In the event of a poker fraud investigation we are under no obligation to accept any explanation provided for the receipt or use of fraudulent funds.

37.2.3.        If such an investigation is resolved, and your account is reopened, we may choose to remove the amount of fraudulent funds from your bankroll.

37.2.4.        You may only transfer available funds to other accounts in relation to our poker products. If you choose to send a transfer of available funds to any account, once the amount and the recipient username has been confirmed, such transfer is irreversible, and we will not be responsible for any loss of funds caused by the member transferring monies to the wrong account. However, the Company at its sole discretion reserves the right to reverse such transfer which it suspects of being fraudulent or connected with any illegal activity.

37.2.5.        If your account receives funds from accounts that have security issues, we reserve the right to block your account and withhold any funds until such security issues are resolved on all accounts – including those that you received money transfers from.

38.           No Player shall have the right to require the Company to take any steps against players suspected of collusion, cheating or any other form of fraud. The Company will not provide information with regards to investigations or any subsequent outcome. You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. Other than as stated herein, in relation to your losses you shall have no claims whatsoever against the Company and any of its affiliated entities or any white label partner or their respective directors, officers or employees.

39.           Bonuses

39.1.     If we reasonably suspect that a Player is abusing any of our deposit related bonuses in any way, we may choose to terminate the Player’s account, and any related accounts across our Services, and withhold any funds from such accounts. A suspicion of abuse may be based on the repeated patterns of deposit/cashout/redeposit purely intended to gain the deposit related bonus.

39.2.     If we reasonably suspect that the member is abusing our free sites and free games offers, we may choose to terminate the account, and any related accounts across our Services, and withhold any funds from such accounts. If we reasonably suspect that the member is abusing the spirit of the free games sites – for example, by playing repeatedly only with free games, or by purchasing all the tickets for a free game, we may choose to close the account, and any related accounts across our Services, and withhold any funds from such accounts. 

39.3.     You acknowledge and agree that we offer progressive jackpots for certain games, which is a jackpot which increases in size as a result of contributions from monies staked by numerous and various players. The Company may, in our sole discretion, decommission a progressive jackpot at any time.

39.4.     All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions. The Company reserves the right to withdraw or amend any promotion, bonus or special offer at any time including any terms and conditions thereof.

39.5.     In the event that the Company reasonably suspects that a Player is abusing or attempting to abuse a bonus, offer or other promotion, or is likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from such Player any bonus, offer or promotion, or rescind any policy with respect to that Player, either temporarily or permanently, or terminate that Player’s access to the Services and/or block that Payer’s account.

39.6.     If currently offered as a promotion, a Player shall be entitled only to one welcome bonus. Members who make their first deposit with the Company or any of its white label partners, and who have or previously had an account with any of the Sites owned or operated by the Company, including both In-House Brands and White Label Brands, shall not be entitled to an additional welcome bonus, unless the Company decides otherwise at its absolute discretion.

39.7.     In the event that the Company reasonably suspects that you have taken unfair advantage of the Company’s welcome bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on any of the Sites owned and/or operated by the Company, the Company shall have the right to block or terminate your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.

39.8.     You may request the removal of a bonus from your account, but be aware that this removal may include any winnings gained from such bonus.

39.9.     Please be advised that the ‘confirm your ID’ bonus is issued at the Company’s discretion and therefore may not be available for all members who verify their identity with us. We reserve the right to remove this bonus offer at any time. Certain criteria will be taken into consideration when determining which members will receive the verification bonus, such as registration country, deposit amount, deposit payment type, and other details of the account.