END USER LICENSE AGREEMENT
This End User License Agreement (the “Agreement”) sets forth the terms and conditions for your use of this website and the client software you may access or download here. The Agreement should be read by you (the “User” or “You”) in its entirety. By accepting the services provided herein or by downloading the client software or by using any of the other features provided here, You will be deemed to have accepted and agreed to the Terms and Conditions and License provisions contained herein. Please note that Your acceptance of the Agreement constitutes a legally binding agreement between You and Ya Poker (referred to herein as “YAP”) which owns and operates the online poker games and licenses to You client software to play poker and access other features or services provided through www.yapoker.com and similar websites using the brand Ya Poker, including this site (the “Site”).
In the event that You have any questions about these Terms and Conditions and End User License Agreement, please contact [email protected] before accepting this Agreement.
Introduction to the Software and Your Permitted Use thereof:
The client game software that You have downloaded or are about to download from this website (the “Software”) is being licensed to you by YAP for your private personal use solely on “AS IS” basis. The poker services accessible through the Software provide for play of poker games hosted on a remote server(s) by a Poker Network consisting of a Poker Platform which may provide for pooling players from a variety of sources, including YAP, into common, shared player pools, games and tournaments.
1. GRANT OF LICENSE to YOU: Subject to the terms and conditions contained herein, YAP grants the User a non-exclusive, personal, non-transferable right to download install and use the Software as a client in order to access the Servers and play the Games and for no other purpose.
Please note that You are prohibited from using this website or the Software if You are (i) under 18 years of age, (ii) a person under the legal age of majority in Your jurisdiction, or (iii) connecting to the Site from a jurisdiction from which such use is prohibited or it would be is illegal for YAP to offer such software for download or provide the services related to Your use of the Software.
The License granted to you to play the games is governed under the laws of Curacao and the Sublicense granted thereunder to International Processing Services S.A . Payment processing for player deposit and cash-out transactions are governed by the laws applicable to Yatahay, Limited as the payment’s services provider.
1.1 Creating Your Account: To use the services, You first will need to create an account with YAP. In creation of Your Account, You will be asked to provide such personal information as YAP may require to know its customers, including, but not limited to Your first and last name, address, a valid email address to which You have access, Your birth date, and a valid telephone number. You shall ensure and are obligated to provide accurate and truthful information in creating Your account and shall keep such Account information current. In the event that You have any questions about creating Your Account or updating information, please contact [email protected]yapoker.com. You may only have one account with YAP, regardless of through what site you created access and shall only use the Service using such single account. Playing poker through multiple accounts, concurrently or not, with or without the account owner’s consent, is a violation of the Terms and Conditions of Use for any person involved in such activity.
1.2 Using the Software: As a User, You are licensed to 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 the YAP servers (the “Servers”) in order to play “play for real money” or “play for play money (no chip value)” games (the “Games”). (“Play money” chips and balances have no value, YAP reserves the right to eliminate any balance of play money chips held by You at any time, or to offer as a promotion or marketing incentive program to convert some or all of Your play money chips into whatever incentive YAP determines to provide You, in its sole discretion.)
1.3 The Software is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License does not grant a User any right to reproduce the design or publish screenshots of the design without express prior written permission from YAP.
1.4 Residents of the United States or its territories may not download and use the yapoker.com Software for any purpose. No license is granted hereunder to any User located within any jurisdiction where such offer of a license by YAP or use by such person thereof shall violate any applicable laws.
This Site does not host any online poker games on or through this website. The website offers only downloadable software with which You can thereafter use to gain access online poker activity by accessing a Poker Platform on Network Game Servers located in another jurisdiction. Upon access to that remote Network Game Server, you will be able to play poker against players who have similarly access the Games from a variety of locations, countries and jurisdictions. You agree and understand that You may be the only person from Your local area, city, State or country who has access the remote Games Servers to play there against players from around the World.
2. NO WARRANTIES by YAP: YAP disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to You “AS IS”. YAP provides You with no warranty or representation whatsoever regarding the Software or Games quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide You with service of the highest quality, YAP makes no warranty that the Site, the Software, the Games or 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 or bugs.
In the event that a Games system failure results in an interruption of the Games, and the Game play is not available to be resumed, then funds in play at the time of the interruption will be returned to such players as YAP determines were unable to play following the interruption of the Games. This policy does not extend to non-system failures, such as loss of power or internet access by the User.
3. PROHIBITED USES:
3.1 UNDER AGE PLAY IS PROHIBITED. No one under the age of 18 may use the Software in any way. (If You are under 18 and use the software contrary to this license, you will not receive any prizes or funds, so do not bother to try.) Player age information is required and will be verified before any funds or prizes` are paid out.
3.2 No license is granted hereunder to any User located within any jurisdiction where such offer of a license or use by such person thereof shall violate any applicable laws.
3.3 User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. The Software is intended solely for your personal use. The use of artificial intelligence including, without limitation, “robots” for play in the Games, is strictly forbidden. All actions taken in relation to the Games by a User must be executed through the user’s interface accessible by use of the Software. YAP reserves the right exercisable at its sole and complete discretion, to prohibit the use of the Software or access to the Servers by any User. YAP further reserves 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. In the event that YAP in its sole discretion deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software, accessing the Servers or playing the Games, including without limitation a User who has colluded or attempted to collude with another User of the Software, YAP shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User’s account with YAP and seizing all monies held in any relevant YAP “real money account”, including other accounts of said User, reversal or recovery of payments mistakenly made or induced by fraudulent conduct. Fraudulent, unlawful or improper activity includes, without limitation, engaging in credit card or financial fraud related to one or more YAP Accounts, improper play in the Games, collusion, and other Game misconduct.
3.4 Unethical tactics such as “Grimming” (Also known as Buttoning or Angle-shooting) will not be tolerated at our games. The abuse of sitting and playing one hand at a new heads-up cash table and having received favorable blinds/button position, then immediately leaving the table after that single hand. YAP reserves the right, in addition to other measures to blocking access to the games to such User’s account for a period of time or terminating such User’s account in its sole discretion.
3.5 If a player is found to be intentionally to be violating the spirit of the game to influence payouts or general gameplay, YAP shall be entitled to immediately terminate such User’s account and seize all monies held in any relevant YAP “real money account”.
4. LIMITATION OF LIABILITY: Under no circumstances, including negligence, shall YAP 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 Games or your accessing the Site or the Servers, even if YAP had prior knowledge of the possibility of such damages.
5. SECURITY: You agree that You are solely responsible for all use of the YAP 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 the sole responsibility of You and be deemed as Your use. Any liability or loss of funds arising from use of a Player ID and or Password through access to the software or otherwise shall be borne by the You and not YAP.
You acknowledge that, prior to payment of any account balance to You, YAP, in its discretion, may require You to e-mail in a copy of any payment means used to facilitate funding of deposits and execute a written acknowledgement of any deposits funded by any payment means, including stored value cards, debit cards, or credit cards.
6. Player-to-Player Agreements or transactions: Under no circumstances shall You be permitted to use any “real money account” with YAP for any purpose other than for playing the Games. In the event that YAP determines that the foregoing provision has been breached by a User YAP reserves the right to immediately block access to the Games to such User, to terminate such User’s account with YAP and to seize all monies held in the relevant YAP “real money account”. YAP may, in its discretion, permit You to transfer or receive funds from another YAP customer subject to the express understanding that any such transfer shall be strictly limited to transfer of funds for the sole purpose of playing poker or other services available on YAP, and shall be undertaken at Your sole and exclusive risk. Ya Poker does not support private transactions between players, nor will the Poker Room assist in facilitating these deals or be liable in any way for broken deals or transactions.
7. Player Game Conduct: Abusive or offensive language or other behavior considered inappropriate by the Poker Room in the context of the product will not be tolerated. Bad behavior or language identified by the Poker Room or brought to its attention will be dealt with swiftly, and may result in a suspension or loss of playing privileges or such other action as may be decided by the Poker Room. YAP also prohibits using any language other than English or Spanish for communication or chat. Any controversy or dispute among any Players or between one or more Players and the Poker Room shall be settled by the Poker Room whose decision shall be final and binding in all respects. The Poker Room requires that all controversies or disputes be reported by email.
8. PERSONAL USE ONLY: Commercial use of the Software or any professional use as part of a business of betting or wagering is strictly forbidden. You are only allowed to play for Your personal entertainment and recreational play. You agree and represent that Your play in the Games is of a personal entertainment nature and that You are NOT engaging in the business of betting or wagering. In the event that YAP determines that the foregoing provision has been breached by a User YAP reserves the right to immediately block access to the Games to such User, to terminate such User’s account with YAP and to seize all monies held in the relevant YAP “real money account”. Before You participate in playing poker at YAP, You are responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto.
9. DORMANT or INACTIVE ACCOUNTS/ACCESS FEE: On or after the last day each calendar month, YAP shall be entitled to suspend any User account which has not had any log in activity or game play for the prior 12 months period. In such event, the balance of any funds balance in said account(s) shall be retained by YAP in a pooled segregated suspense account and maintained for a period of 60 days thereafter. YAP shall give notice to the User that his/her account has been inactive for more than 12 months. Such notice shall be conclusively presumed to have been received by the User if sent by YAP by email to the email address of record provided by the User for said account. In the event that a User has opted – out from receiving emails from Ya Poker, User shall be deemed to have waive any and all notice hereunder , In the event that a User shall validly claim said balance of suspense account funds within the 60 day holding period, YAP shall verify the identity and entitlement of said claimant (if any), may require an account holder to execute a written acknowledgement of any deposits funded by credit cards, and, thereafter shall pay the portion of the suspense account due to such User. At the expiration of the 60 Day Holding Period, all such balance amounts which remain unclaimed in the suspense account without an active log-in for another period of 3 months shall escheat to YAP as an Access Fee and compensation for account maintenance and having provided User access to the Games during the 12 months prior to the Holding Period. The balance of funds in any User account closed by YAP due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto. In the event that YAP shall receive notice that a User has died within the prior 12 months, the account balance(s) of such User shall be held pending presentation of proof of authority to claim such funds by the Executor or other authorized representative of the estate of the deceased User. In the event that a claim is made to YAP for an account balance by any person other than the User, YAP may require such claim to be proven in a court of law; any legal action by said claimant to prove such claim must be filed within 6 months of the date of such claim.
10. TERMINATION: Without prejudice to any other rights of YAP, YAP may immediately and unilaterally terminate this Agreement if you fail to comply with the terms and conditions contained herein or for any other reason or for no reason. In such event, you must destroy all of your copies of the Software. ANY suspicious or criminal activity will be promptly reported to the appropriate authorities. The balance of funds in any User account closed by YAP due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto.
11. AMENDMENT. YAP reserves 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 Client Software or access to the Site shall be conclusively 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 Costa Rica and under the License issued under Curacao law International Processor Services, S.A. to offer services through www.yapoker.com. Each party irrevocably agrees that the relevant courts of Costa Rica shall have exclusive jurisdiction in relation to any claim, dispute or difference between them concerning the Agreement and any matter arising hereunder. You and YAP irrevocably waive any right that either 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. You expressly consent to personal jurisdiction of said courts over You and expressly agree to accept service of notice of any proceedings brought therein by transmitting said notice to You at the email address You have provided in Your Account. (This choice of forum and law governs only claims between the USER and YAP and shall not affect or limit any other right or remedy which YAP may hold against any third party related to the business of providing the games, including the provision of services to YAP by such third parties.)
13. 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.
14. SPECIFIC GEOGRAPHIC RESTRICTION. Residents of Sweden, Guadeloupe, French Guyana, Mayotte, Réunion, Martinique, France, Spain, Italy, Turkey, Australia, or the United States are not permitted to view this site or use any of the games accessed through software downloads provided hereby. From time to time, in its sole discretion, YAP may amend the list of specific geographic restrictions from which You may not access any of the Services.
15. RESPONSIBLE GAMING: If You believe that You have a gaming problem notify YAP by email or through the in-game live Host, if provided. YAP policy does not provide you with an option to self-set or change deposit limits at your discretion; rather your identity will be confirmed, and your account will be closed for real money gaming activity. YAP reserves the absolute right to itself review or use third party verification to review player activity in the Games or as reported by other gaming operators to profile and remove players access in its sole discretion.
16. MARKETING INCENTIVES and BONUSES: You agree that YAP may, from time to time, in its sole discretion, offer You, or other customers, complimentary play or prizes or bonuses or marketing incentives (“Bonuses”). Such Bonuses may be used by You only in relation to the terms and conditions of such Bonus(es) and do not confer upon You any rights or interests in said Bonus(es) or marketing incentives until all conditions thereof have been satisfied. You agree that YAP may suspend or terminate any Bonus at any time prior to Your satisfaction of any such terms and conditions and You shall not be entitled to any compensation for incomplete satisfaction thereof. All raffle winners will have 7 days to contact our social network department (once announced) with the necessary information to claim the prize, otherwise the prize will be forfeited. (Such marketing incentives and bonuses may include, but are not limited to play incentives, contests, rake-back incentives, free play bonuses, freeroll tournaments, tournament tickets, or prizes, vacations, or any non-monetary rewards.)
17. Access to Activity other than Poker: From time to time, YAP may offer access through the Software to You to participate in activity or sports or gaming services other than playing poker. Such activity may include, but is not limited to the opportunity to access sports fantasy contests, fantasy sports pools, non-poker tournament play, casino games for play money or real money, online blackjack games. You agree that Your participation in such other activities is of a personal entertainment nature and that You are NOT engaging in the business of betting or wagering. You acknowledge and agree that YAP may offer such access to You as a convenience to You and that the activities or services may be provided by a Third Party other than YAP. By Your participation in any such non-poker activities, whether provided by YAP or a Third Party, You agree to be bound by all the terms and conditions thereof and agree and warrant that Your participation therein does not violate any applicable laws related to Your activities or Your access from wherever You participate therein.
18. Data Retention: YAP reserves the right to retain player information for an indefinite period of time to enforce the End User License Agreement, prevent fraud, resolve a claim, or comply with any other acts permitted by law. YAP reserve this right whether an account is terminated by YAP or at the request of the player.