END USER LICENSE AGREEMENT
1. GRANT OF LICENSE/INTELLECTUAL PROPERTY
1.1. Subject to the terms and conditions contained herein Youwin Bahamas grants the User a non-exclusive, personal, non-transferable right to install and use the Youwin Bahamas poker software ("Software") in order to access the Youwin Bahamas servers and play the poker games (the "Games") available (the Software and Games together being the "Service").
1.2. The Software is licensed to you by Youwin Bahamas for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Youwin Bahamas is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter.
1.3. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
1.4. The Software's code, structure and organization are protected by copyright, trade secrets, intellectual property and other rights. You may not:
1.5. The terms " Youwin Bahamas", and any other trademarks, service marks and/or trade names used by Youwin Bahamas on the Site from time to time (the "Trade Marks"), are the trademarks, service marks and/or trade names of Youwin Bahamas or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Youwin Bahamas or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without Youwin Bahamas prior written consent.
2. NO WARRANTIES.
2.1. Youwin Bahamas disclaims any and all warranties, expressed or implied, in connection with the Service 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.
2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
2.3. Youwin Bahamas reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Youwin Bahamas in this regard.
Youwin Bahamas retains authority over the issuing, maintenance, and closing of Users' accounts at Youwin Bahamas. The decision of Youwin Bahamas' management, as regards any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
4.1. You acknowledge that there is a risk of losing money when using the Service and that Youwin Bahamas has no responsibility to you for any such loss.
4.2. You agree that your use of the Service is at your sole option, discretion and risk.
4.4. You are solely responsible for any applicable taxes which may be payable on winnings paid to you.
4.5. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.
5. PROHIBITED USES
5.1. SOFTWARE MODIFICATIONS
User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way
5.2. PERSONAL USE
The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with Youwin Bahamas for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to Youwin Bahamas and the User is obligated to update such details in the event of any change thereto. A User may only have one account with Youwin Bahamas and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his account.
Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Youwin Bahamas 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, Youwin Bahamas reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly Youwin Bahamas 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.
5.4. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA).
Youwin Bahamas prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. Youwin Bahamas defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). Youwin Bahamas defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.
5.5. AUTOMATIC PLAYERS (BOTS).
The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
5.6 EPA PROGRAMS
You agree that Youwin Bahamas may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Youwin Bahamas Software on the User's computer.
Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances Youwin Bahamas will be under no obligation to refund to you any monies that may be in your Youwin Bahamas account at such time.
5.8. FRAUDULENT BEHAVIOR.
In the event that Youwin Bahamas deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Youwin Bahamas shall be entitled to take such action as it sees fit, including, but not limited to:
6. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with Youwin Bahamas staff. When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except Youwin Bahamas. Further, Users shall not make statements about Youwin Bahamas or the Service that are untrue or would reasonably be considered to be derogatory or critical
7.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Youwin Bahamas reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with Youwin Bahamas, seizing all monies held in the relevant Youwin Bahamas account and/or taking legal action against such User
7.2. You agree to fully indemnify, defend and hold harmless Youwin Bahamas and its shareholders, directors and employees 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:
8. LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall Youwin Bahamas 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 Service even if Youwin Bahamas had prior knowledge of the possibility of such damages
9. SECURITY AND YOUR ACCOUNT
9.1. Each User account shall be accessible through the use of a combination of a unique User ID ("User ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.
9.2. The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever.
9.3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefore shall be that of the User.
9.4. Please note that monies held in your Youwin Bahamas account do not accrue interest.
9.5. You will not be able to place any bets using the Service in an amount greater than the total amount of money in your Youwin Bahamas account.
9.6. You are fully responsible for paying all monies owed to Youwin Bahamas. You agree not to make any chargeback's, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Youwin Bahamas for any chargeback's, denial or reversal of payments you make and any loss suffered by us as a consequence.
9.7. Youwin Bahamas reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.
9.8. Youwin Bahamas 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 Service.
9.9. You acknowledge and agree that monies deposited by you in your Youwin Bahamas account are held in a trust account on your behalf.
The User accepts that the historical data of each game shall be as recorded on the Youwin Bahamas servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Youwin Bahamas server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayed" features of the Software shall not be considered as the official historical record of any hand.
Youwin Bahamas reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
12. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below, the courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising there from 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 clause shall limit the right of Youwin Bahamas 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.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
Youwin Bahamas reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
15.1. No waiver by Youwin Bahamas of any breach of any provision of this Agreement (including the failure of Youwin Bahamas to require strict and literal performance of or compliance with any provision of this 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 this Agreement.
15.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
15.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
15.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
15.6. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If your card shows a double charge, or was charged by mistake or without your authorization, we will consider your case and if a valid case is presented, we will refund your purchase.Please contact our Customer Support for further information about your transaction and about refunds and cancellation.