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END USER LICENSE AGREEMENT

This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and Duplicate Poker, Inc. (referred to herein as "Sponsor", "we" or "us") which sponsors, owns, and operates the Internet site found at www.DuplicatePoker.com (the "Site")


Eligibility


U.S. Citizens and Residents:

To participate in any game or tournament (a "contest") held on the Site with entry fees and/or prizes, you must be:

  • A natural person of at least 18 years who is assigned the email address submitted on your account registration form.
  • A U.S. citizen or resident alien with a U.S. address.
  • Physically located within the U.S. and residing in a state in which participation in the prize tournaments offered on the Site is not restricted by law.

The rules governing contests with entry fees and/or prizes are established by individual states, not the federal government. If you reside in any of the following states, you cannot participate in fee-based contests with prizes: Arizona, Arkansas, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, Tennessee and Vermont or any other jurisdiction in which participation in the contests is restricted by law. These restrictions may not apply to contests without entry-fees ("freerolls").


Non-U.S. Citizens and Residents

To participate in any tournament or contest held on the Site with entry fees and/or prizes from outside the United States of America, you must be:

  • A natural person at least 18 years old who is assigned the email address submitted on your account registration form.
  • Physically located in a jurisdiction in which participation in the prize tournaments offered on the Site is unrestricted by law. WE MAKE NO REPRESENTATION THAT THE SITE, IN WHOLE OR IN PART, IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION.

Introduction

The software that we provide for use in contests on the Site (the "Software") is being licensed to you by us for your private personal use solely on an "AS IS" basis. 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 respective jurisdictions and (iii) individuals connecting to the Site from jurisdictions where it is illegal to do so.

You shall use the Software together with your unique Player ID ("Player ID") and unique and secret password ("Password") chosen by and known only to you, to access our servers (the "Servers") in order to play in the contests and you may open and maintain only one account with us.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We reserve all rights worldwide.

1. GRANT OF LICENSE.
Subject to the terms and conditions contained herein we grant you a non-exclusive, personal, non-transferable right to install and use the Software in order to access the Servers and play in the contests.

2. NO WARRANTIES.
We disclaim any and all warranties, expressed or implied, in connection with the Software, the Site and the contests all of which are provided to you "AS IS" and we disclaim any warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses of bugs.

3. AUTHORITY.
We retain sole authority over the issuing, maintenance, and closing of players' accounts. The decisions of management, as regards any aspect of a player's account, use of the Software, and dispute resolution, are final.

4. PROHIBITED USES.

  1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
  2. PERSONAL USE. The Software is intended solely for your personal use.
  3. COLLUSION. Collusion between players by sharing hole cards or by other methods is strictly forbidden. We reserve, in addition to other measures, the right 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.
  4. EXTERNAL ASSISTANCE PROGRAMS. We prohibit player assistance programs that are designed to provide an unfair advantage to players. These are computer software programs (other than the Software we provide to you), and non-software-based databases or profiles (e.g. web sites and subscription services). We define "unfair advantage" as a User accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or information available directly from us on request.
    1. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots", is strictly forbidden in connection with the Software and the contests. All actions taken in relation to the contests by a User must be executed personally by players through the user interface accessible by use of the Software.

You agree that we may take steps to detect and prevent the use of prohibited external assistance programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on the User's computer. If we deem that a User has engaged in fraudulent, unlawful or improper activity while using the Software or playing the contests, including without limitation a User who has colluded or attempted to collude with another user of the Software, or has used prohibited external programs, we will be entitled to take such action as we see fit, including immediately blocking access to the contests by such User, terminating such User's account with us and seizing all balances, including any prizes, winnings or bonuses therein.

5. IMPROPER CONDUCT. You may not engage in any

  • harassment or intimidation of other players or our staff,
  • post objectional material on the Site,
  • provide us with misleading information,
  • use your account to engage or assist others in engaging in illegal money laundering
  • intentionally play poorly in any contest or against any other player, or
  • breach of any of the terms or conditions of this Agreement, including the User Code of Conduct.
  • Offensive, vulgar, abusive or insulting chat. Violators will be subject a chat warning and/or a revocation of their chat privileges.

In addition to the above, Duplicate Poker has a Zero Tolerance Policy regarding racial, religious and gender slurs. Violating the Zero Tolerance Policy will result in account termination.

6. USER CODE OF CONDUCT.
As a continuing condition of your use of the Site, you agree to comply with all applicable laws, rules and regulations and will not use the Site, its contents or the Software to or otherwise:

  • open and maintain more than one account with us;
  • allow more than one player to connect and participate in the same game(s) from the same location, household or IP address.
  • restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • for any unlawful purpose;
  • express or imply that any statements you make are endorsed by us, without our prior written consent;
  • transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
  • engage in spamming or flooding;
  • transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Content or Software;
  • remove any copyright, trademark or other proprietary rights notices contained in the Site, Content or Software;
  • "frame" or "mirror" any part of the Site without our prior written authorization;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" to in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
  • harvest or collect information about Site visitors or members without their express consent;

7. ABUSE
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

8. INFORMATION REQUIRED
(U.S. players only). At registration, you are required to submit the following information: an alias that will be your player name, a password, and your e-mail address when you play first time. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon establishing a positive Site account balance for entry fee tournaments, you are required to submit the following information: full name, permanent residential address, phone number and credit card or other payment information. It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of the statutory minimum in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

9. TEMPORARY ACCOUNT SUSPENSIONS.
We reserve the right to temporarily suspend your user account, or withhold paying your winnings, if:

  • you have earned $600 or more in winnings in a calendar year until such time as you provide us with proof acceptable to us of your U.S. taxpayer identification number (such as your social security number) or of your eligibility for exemption from U.S. tax withholding.
  • you have not yet submitted to us required payment authorization forms or copies of personal identification documents, or
  • we are investigating your activity in relation to the Site for possible multiple account use, fraud or improper conduct.

10. INACTIVE ACCOUNT CLOSURE.
If your account balance is less than USD 1.00 at the end of any month, we have the right close your user account at the end of the following month, unless you make another cash deposit into the user account within such time.

11. ACCOUNT CLOSURE.
If we, at our sole discretion, determine that you have circumvented or attempted to circumvent any provision of this Agreement or committed fraud against the Site or in connection with funding or making withdrawals from your account, we retain the right, with or with any compensation to you, to cause the

  • FORFEITURE OF ANY BALANCE IN YOUR ACCOUNT, INCLUDING ANY WINNINGS, BONUSES AND/OR INCENTIVES, OR
  • TERMINATION AND FORFEITURE OF YOUR ACCOUNT(S) ALTOGETHER

YOU ACKNOWLEDGE AND AGREE, NOTWITHSTANDING OUR PRIVACY POLICY, THAT WE HAVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION WE DEEM NECESSARY TO COMPLY WITH APPLICABLE LAWS, REGULATIONS, LEGAL PROCESSES AND GOVERNMENTAL REQUESTS.

12. LIMITATION OF LIABILITY.
Under no circumstances, including negligence, shall Sponsor be liable for any special, incidental, 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 Software, the contests or your accessing the Site or the Servers, even if we have prior knowledge of the possibility of such damages.

13. SECURITY.
You agree that you are solely responsible for all use of the Software through your Player ID and Password. You are obliged to keep your Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be your sole responsibility. Any liability therefore, shall be yours.

14. PERSONAL USE.
Commercial use of the Software is strictly forbidden. You are only allowed to play in contests for your personal entertainment. Under no circumstances shall you be permitted to use your account for any purpose other than for playing the contests. If we determine that the foregoing provision has been breached, we reserve the right to immediately block your access to the contests, to terminate your account and to seize all balances in your account, including prizes, winnings and bonuses therein. You agree that your use of the Software to play in the contests is in a personal (and not professional) capacity. Before you participate in the contests you are responsible to verify the laws applicable to you that govern your play in the contests in order to determine restrictions and you agree to act in accordance therewith.

15. PROMOTIONS AND PRIVACY.
By establishing a user account with the Site or participating in a contest on the Site, you agree that (a) we may display on the Site your username, public nickname, and contest scores and records, and (b) we may use your personal information as set out in our Privacy Policy (to view Site's full Privacy Policy click on the following link Privacy Policy). By accepting any winnings/prize in connection with the Site, you further agree and authorize us to publish and otherwise use for promotional purposes your username, public nickname, contest records and likeness in any form of media (newsletters, broadcasts, emails, etc.) without any further compensation to you.

For specific promotion terms please go here.

16. USER MATERIAL.
Except as otherwise provided in our Privacy Policy, any communication or material you or any other user posts or transmits to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary ("User Material"). Subject to our Privacy Policy, User Material may be used for any purpose by us or our affiliates, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, any ideas, concepts, know-how or techniques contained in any User Material you provide will become the our sole property and, accordingly, may be used by us or our affiliates for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and/or services, without any additional compensation to you.

17. TERMINATION.
Without prejudice to any other rights, we reserve the right to immediately terminate this Agreement if you fail to comply with the terms and conditions contained herein. In such event, you must destroy all of your copies of the Software.

18. WITHDRAWAL.
Company Acceptance of cash out requests are subject to all deposit method and bonus offer restrictions and other terms of this Agreement and other agreements applicable to your particular deposits. The minimum withdrawal amount is $15 USD. Further, the Company may report and withhold any amount from winnings in order to comply with any applicable law.

Payment of funds that you withdraw shall be made by wire transfer, check, or refunding to the credit card account from which the related deposit was made. Cash out requests will be subject to a waiting period of two days prior to processing.
Wire transfers, check preparation and credit card refunds will be processed within 21 days following the two day waiting period.

19. DEPOSIT.
The minimal deposit amount is $20.

20. AMENDMENT.
We also reserve the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site after posting of such changes shall be deemed to constitute your agreement to any changes.

21. GOVERNING LAW AND JURISDICTION.
The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. You agree that any dispute that cannot be resolved between us shall be resolved by arbitration and without resort to any form of class action.

Arbitration shall be conducted in New York City, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, and/or its other rules that may be specifically applicable to the subject mater of the dispute, and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in New York City having jurisdiction thereof.

To the extent not governed by the foregoing, any other matter involving litigation between us will be brought in a State or Federal court located in New York City, and you and we waive any jurisdictional, venue or inconvenient forum objections to such courts.

Your use of the Site constitutes an agreement by you that any dispute that cannot be resolved between you and us shall be resolved without resort to any form of class action.

22. DISCONNECTS.
By participating in a tournament, a player accepts the risk of Internet disconnection. Duplicate Poker does not accept any responsibility for a player disconnect except in the case of a Duplicate Poker server crash. Players entered into a tournament who experience connection issues will continue to receive cards and pay blinds until they are able to return or until the tournament is completed.

23. SEVERABILITY.
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.

24. GAME SPEED & PENALTY.
Duplicate Poker enforce its Disconnect Policy method to improve game speed The Disconnect Policy eliminates the otherwise allowable amount of time to act for players who are not active in the game due their having been disconnected. When we determine that a player is disconnected from the poker client, the player’s hand will immediately be folded when it is his or her turn to act. That player will be shown as sitting out. When and if that player re-establishes a connection, his or her allotted time to act will return to the normal state. When a player is sitting out blinds will be posted in turn for that player and his or her hands will be immediately folded.



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