Please not this end user license agreement should be read by you in its entirety prior to your use of ChokeOut Pokers' service or products. Please note that the Agreement constitutes a legally binding agreement between you and COP URL NET CR Ltda., a Costa Rican corporation duly registered at the Mercantile Section of the National Registry, which operates and owns the web site.
1.
Definitions
1.1
The following provisions define the terms and conditions that govern your use of, access to and participation in any services provided by, ChokeOut Poker (referred to as "COP NET", "we", "our" or "us" as the context requires) from time to time, including, without limitation to the Casino as defined below (the "Service(s)") on and/or through the website at www.chokeoutpoker.net, and any other website operated by COP URL NET CR LTDA (the "Website(s)").
These provisions are intended to be read in conjunction with corresponding Betting Rules respectively and any other terms and conditions governing the use of the Services, Software and access to the Website(s) and the Information comprised therein (collectively these "Terms and Conditions").
1.2
"Betting" or "bet(s)" for the purpose of these Terms and Conditions include, without limitation, legal wagering, gaming and gambling conducted in relation to any and/or all of the Service(s) offered on the Website(s) and all according to the Costa Rican regulations;
"Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, personal digital assistants, PDA telephones employed for the use of and access to the Website(s) and participation in the Services;
"Player Account" - One personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to take part in Betting;
"Software" - the COP URL NET CR LTDA. software licensed to us including any program or data file or any other content derived thereof, that is required to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Services;
2.
Acceptance
2.1
By clicking the box next to the "I agree to the terms and conditions" and proceeding with registration on this web site, you acknowledge and accept that:
(i)
you have read, fully understood and accepted these Terms and Conditions; and
(ii)
these Terms and Conditions constitute a legally binding agreement ("Agreement") between you and COP URL NET CR LTDA. regarding the use of the Services.
2.2
If you do not agree with any of the terms of these Terms and Conditions, please click the I DON'T AGREE button or simply leave the Web Site.
3.
Modification
3.1
We reserve the right to amend, update and modify these Terms and Conditions from time to time and any such amendment, update or modification will be published on the Website(s). The amended, updated or modified Terms and Conditions and other Web site Rules shall be effective upon publication on the Website(s). Continued use of, access to and participation in the Services on or through our Website(s) and Device(s) after such publication constitute your acceptance to the modified or updated Terms and Conditions and the House Betting Rules as published from time to time.
3.2
You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. COP URL NET CR LTDA. may, in its sole discretion, notify you of such updates and modifications. Such notification, as may be provided by COP URL NET CR LTDA in its sole discretion from time to time, shall not constitute an obligation upon COP URL NET CR LTDA. to notify you of such amendments, updates or modifications.
4.
Information and Intellectual Property
4.1
The information, material and data provided or made available to you on or generated and/or collected by the Website(s), Services and/or through the Device(s) and/or in any other form including, without limitation, marketing programs and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content (the "Information"), belong to COP URL NET CR LTDA and/or the appropriate third party and are for your personal and non-commercial use only. The terms "Chokeout Poker", and any other trade marks, service marks and/or trade names used by COP URL NET CR LTDA on the internet web site from are the trade marks, service marks and/or trade names of Choke Out Poker 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 Chokeout Poker 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 COPs' prior written consent.
4.2
Save as expressly provided by these Terms and Conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, include in a cable program, publish, transmit, sell, rent, lease or license or otherwise make the Information available to any other person, or on another website, online service or bulletin board, or on any other media and/or Device without our express prior written consent or in the case of third party material, without the prior written consent of the owner of the proprietary rights in such material.
4.3
The Software, Services and the Information provided on the Website(s) and/or through Device(s) are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All rights, title and interest in and to the Software, Services and Information on the Website(s) are owned by, licensed to and/or controlled by COP URL NET CR LTDA (or its licensors). You acknowledge that you do not acquire any rights or interests, or any licenses to the Software, Services and the Information through your use of and access to the Software, (other than that expressly provided for under this Agreement (see clause 8.2)), Services and the Information through your use of and access to the Software, Services and Information provided on the Website(s) and/ or through Device(s).
5.
Conditions of Use
5.1
As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website(s), Services, Software and/or the Information for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions. In particular (and in addition to all other representations and warranties set out in these Terms and Conditions), you warrant, accept and undertake as a condition of use of the Services:
(i)
that you are acting on your own behalf;
(ii)
that you are not restricted by limited legal capacity;
(iii)
that you are not diagnosed or classified as a pathological or compulsive gambler;
(iv)
that you are of the age of (i) 18 or (ii) any such other legal age or age or majority as determined by any laws applicable to you, whichever age is greater ("Legal Age");
(v)
that you are not conducting criminal or otherwise unlawful or unauthorized activities and/or intending to use your account opened with us in connection with such activities and that you shall not use or allow other persons to use the Services for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
(vi)
to keep your username, account number and password secure, confidential and protected against unauthorized access or use and to ensure to you should change your password immediately or notify us immediately if the confidentiality of your username, password or account number has been compromised in any way;
(vii)
to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your username, account number and password regardless of whether such access and/or use was authorized by or known to you or not;
(viii)
not to use the Services, Website(s), Device(s), Software or the Information in any way which interferes or may interfere with the availability of the Services and the Website(s) to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);
(ix)
not to solicit or in any manner seek to obtain any information relating to other users;
(x)
not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Website(s);
(xi)
that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website(s) or using the Device(s);
(xii)
not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Services, Device(s), Software, Website(s), Information or any transactions offered at the Website(s) and/or through the Device(s);
(xii)
not to post or transmit to the Website(s) and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; and
(xiii)
that you are not an officer, director, employee, consultant or agent of COP URL NET CR LTDA or any affiliate of COP URL NET CR LTDA ;
(xiv)
that you are not a relative of an officer, director, employee, consultant or agent of COP URL NET CR LTDA or any affiliate of COP URL NET CR LTDA ; and
(xvi)
not to interfere with other users' use of the Services, Website(s), Software, Devices and/or Information or initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email.
(xvii)
You acknowledge that our random number generator will determine the outcome of the games played on the Website and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the gaming activity.
(xviii)
You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Services. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Services or to the Website.
(xix)
You acknowledge that our random number generator will determine the outcome of the games played on the Website and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the gaming activity.
(xx)
You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
(xxi)
All details which you give or have given in the process of registering with for use of the Services are accurate and that you will continue to update such details should there be any changes.
(xxii)
You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any Betting.
(xxii)
You have not previously held a Player Account which was suspended or terminated either by us or by any other online gaming operator, charged back any monies via a Player Account or maintains a current Player Account.
(xxiii)
In opening the Player Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
6.
Registration and Opening Your Betting Account and Membership
6.1
In order to play and bet for free with COP URL NET CR LTDA and to use the Services, you must complete the application for account opening and membership in the manner set out on the Website(s) (the " Application"). 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.
6.2
You represent and undertake that all information supplied by you when registering and completing the Membership Application is accurate, true and complete in all respects including, your name on the Application ("Name"), sources of funds (including the relevant bank accounts and card numbers) and residential address.
6.3
We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential and will be processed in accordance with our Privacy Policy as amended from time to time. We will not report or disclose your personal data or betting information unless compelled to do so by any applicable laws and regulations, Court order, or by the relevant gaming or law enforcement authorities or as otherwise provided for in these Terms and Conditions. It is your sole responsibility to keep your personal information confidential. We reserve the right to disclose and transfer your personal data to our respective payment settlement service providers and financial institutions to the extent necessary for the completion of payments for Services provided through the Website or if compelled to do so by applicable laws and regulations, to the relevant gaming or law enforcement authorities.
6.4
It is also your sole responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website(s) and the Information contained therein, downloading and installing the Software and/or using and participating in the Services.
6.5
We require further evidence of identification and age from you to verify your Membership Application (e.g. valid picture identification). If there is any change to your information details as originally supplied by you, you shall notify us of the relevant change without delay. In order to confirm your Name and address, COP URL NET CR LTDA reserves the right, inter alia, to confirm your Name and address by post. COP URL NET CR LTDA may, at its discretion, undertake additional security checks against any information that you provide. By agreeing to these Terms and Conditions you give consent for COP URL NET CR LTDA to access, use, process and store the results of any identification verification or checks that may be made against you.
6.6
We reserve the right to reject your Application without reference to you or assigning any reason whatsoever.
6.7
You are allowed to open only one betting for free account with COP URL NET CR LTDA . Should we discover that you have more than one account with COP URL NET CR LTDA , we reserve the right, at our sole discretion, to treat all accounts that you have with COP URL NET CR LTDA as a single joint account or to terminate this Agreement.
7.
Placement of Bets and Bet Acceptance Procedure
7.1
We accept fictional bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) from time to time. All such bets are subject to the relevant House Free Betting Rules applicable to each event or game, and to these Terms and Conditions. If a manifest error or mistake occurs or an incorrect participant is quoted for any event, all bets placed on that event shall be void. In the event of any malfunction to the COP URL NET CR LTDA gaming system, COP URL NET CR LTDA reserves the right to void any and all bets placed.
7.2
Notwithstanding any other provision in these Terms and Conditions, COP URL NET CR LTDA reserves the right, in COP URL NET CR LTDA 's absolute discretion, to decline all, or part, of any bet placed without providing any reason whatsoever.
7.3
We only accept fictional virtual bets made through the internet using the Devices in compliance with these Terms and Conditions. Real Money Bets are not accepted in any form.
7.4
Subject to clauses 7.1, 7.9, 7.10 and 7.12 herein, virtual bets will be validly placed if your username and password have been entered correctly, subject always to there being sufficient available funds in your account.
7.5
You are responsible and liable for all activities and transactions that take place through the use of the following (or any combination thereof):
(i)
your name;
(ii)
your account number;
(iii)
your username and password;
regardless of whether the use of the foregoing was authorized by you or not.
7.6
It is your sole responsibility to ensure that the details of your bets are correct. Subject to clauses 7.1, 7.9, 7.10, 7.12 and 7.17 herein, once your bets have been placed and their acceptance confirmed by us, they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence in respect of the bets that you have placed.
7.7
Please note that all virtual bets are logged and recorded in the transaction log database. COP URL NET CR LTDA 's transaction logs are conclusive evidence of all transactions and times at which the transactions are placed.
7.8
Subject to clauses 7.1, 7.9, 7.10 and 7.12 herein, bets will be deemed valid and accepted by COP URL NET CR LTDA when a transaction ID is displayed on your screen and duly reflected in your transaction history.
7.9
No betting is permitted after the commencement of an event and/or where the outcome of an event is known at the time of placement of your bet. If any event is erroneously left open for betting after the commencement of the event and/or where the outcome of an event is known, COP URL NET CR LTDA reserves the right to decline or void such bets placed without reference to you. Acceptance of any bet or any part thereof shall be at the sole discretion of COP URL NET CR LTDA . For the avoidance of doubt, this clause does not prohibit "in play" or "half time" bets.
7.10
Advertised start times of the events displayed on the Website(s) are for information purposes only. If for any reason a bet is inadvertently accepted by COP URL NET CR LTDA after an event or match has commenced, COP URL NET CR LTDA reserves the right to cancel such bet.
7.11
Unless stated otherwise within the rules for each sport or event, the result of a match or event will be determined on the day of its conclusion for betting purposes. Any subsequent enquiry that may result in an overturned decision will not be recognized by COP URL NET CR LTDA , and original settlement of bets will stand.
7.12
In respect of any bet and the associated transactions therewith, the decision of COP URL NET CR LTDA is final and conclusive.
7.13
You acknowledge that our Random Number Generator ("RNG") will determine the shuffling and dealing of cards, the outcome of the casino games and other randomly generated events that are part of our Services and that you agree to accept such shuffling and dealing of cards and the outcomes of the casino games and other randomly generated events performed by the RNG, are final and conclusive.

8.
Software License & Security
8.1
You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device are the part of the Services and are the property of COP URL NET CR LTDA and/or its licensor, and that you do not gain any rights to such Software whatsoever. You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise communicate or make available such Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device.
8.2
COP URL NET CR LTDA hereby grants to you a personal, non-exclusive, non-transferable and revocable license to install and use the Software on your Device(s) (the "License") PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
8.3
The Software is licensed and distributed by COP URL NET CR LTDA solely for the purpose of enabling end users of the Software to fully access and use the Services.
8.4
You are not allowed to:
(i)
install or load the Software onto a server of other networked device or take other steps to make the Software available via any form or bulletin board, online service or remote dial-in, or network to any other person;
(ii)
sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your license to use the Software or make or distribute copies of the Software;
(iii)
allow any other person to use the Software;
(iv)
install or load the Software onto a server of other networked device or take other steps to make the Software available via any form or bulletin board, online service or remote dial-in, or network to any other person;
(v)
create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
(vi)
translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software
(vii)
copy or translate any user documentation provided 'online' or in electronic format, reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the Software or to create derivative works based on the whole or on any part of the Software;
(viii)
enter, access or attempt to enter or access or otherwise bypass the Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Services or the Website or attempt to make any changes to the Software and/or any features or components thereof.
8.5
You acknowledge and agree that the Software and the Software user documentation provided on the Website(s) and/or through Device(s) or otherwise, are is owned by COP URL NET CR LTDA and/or its licensors and is protected by copyrights, trademark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organization and source code of the Software are the valuable trade secrets of COP URL NET CR LTDA and its licensors. You acknowledge that save for the rights granted to you in accordance with the License, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
8.6
Upon the termination of this Agreement for whatever reason, the License issued under this Agreement is automatically revoked and you shall stop using the Software and you shall uninstall the Software from your Device.
8.7
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS
8.8
WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHEHR ACTION TO CORRECT SUCH ERRORS
8.9
You hereby acknowledge that it is not in our control how the Software is used by you. You load and use the Software at your own risk and in no event shall we be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
8.10
The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this agreement.
8.11
We only allow access to the Services through secured networks using encryption of the username and password. You cannot play and bet without passing our customer security login.
8.12
You may not use the Services for any commercial use or on behalf of another person. Any use of the Services by you is for own private purposes only.
8.13
You will not allow any third party to use your Account to use the Online Casino and you will not use any other person's Account or means of payment to access the Online Casino or the Website or the Software It is your responsibility to ensure that you understand the rules and procedures of the games in the Online Casino and your use of online gaming in general before you play any such games.
8.14
You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the Software, we will be entitled to terminate with immediate effect your access to the Online Casino and/or have your account blocked, and we reserve the right to inform the applicable authorities.
9.
Settlement of Transactions
9.1
This is a Play for Free Online Poker System and allows no real money bets.
10
Indemnity
10.1
You agree to fully indemnify COP URL NET CR LTDA , its shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) in relation to the foregoing that may be incurred as a result, or in consequence of, your access to the Website(s), downloading or installation of the Software, betting and/or other use of the Services, Software and/or Information, and/or by reason of any breach of any of these Terms and Conditions and/or the House Betting Rules.
11.
Disclaimers and Specific Warnings
11.1
Virtual Betting is entirely at your sole option, judgment, discretion and risk. By doing so, you acknowledge that you do not find the Services, Website(s) and Information to be offensive, objectionable, unfair or indecent. Some legal jurisdictions have not addressed the legality of online and/or offshore online gambling while others have specifically made online (within the jurisdiction and/or offshore) gambling illegal. We do not intend that anyone should use and access the Website(s), Information and/or the Services where such use or access is illegal. The availability of the Services, Information and the Website(s) should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any country in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and COP URL NET CR LTDA makes no representation whatsoever that the Services, Software, Website(s) or the Information therein comply with any laws applicable to you.
12.2
The Services, Software, Website(s) or the Information are provided on an "as is" basis. Save as expressly provided in these Terms and Conditions, COP URL NET CR LTDA makes no representation or warranty of any kind in respect of the Services, Website(s), Software and the Information contained therein. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website(s) and Information is hereby excluded. COP URL NET CR LTDA does not warrant that the Services, Software, Website(s) or the Information will be accurate, timely, secure, free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected. COP URL NET CR LTDA does not warrant that the Services, Software, the Website(s), the Information or servers that make them available are free of computer viruses spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Device(s) and/or data contained within. You undertake to take your own precautions (at your own expense) to ensure that the processes, measures and/or Device(s) which you employ for using or accessing the Services, installation of the Software and using the Website(s) do not expose you to the risk of computer viruses, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your own computer system, any other Device(s) or data contained within.
12.3
In the event of systems or communications errors relating to account settlement or any other elements of the Service, COP URL NET CR LTDA will not be liable to you as a result of any such errors and COP URL NET CR LTDA reserves the right to void all bets affected by such error, interference or damage and take any action to correct such errors, damage to your own computer system, any other Device(s) or data contained within.
12.4
COP URL NET CR LTDA shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. COP URL NET CR LTDA further fully disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website(s), Software and the Information, which may be provided by third parties, including but not limited to broadband service providers and telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
12.5
COP URL NET CR LTDA , its affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information, or your loading, installation or use of the Software regardless of whether COP URL NET CR LTDA has been advised of such a possibility or not. In any event to the maximum extent permitted by law, COP URL NET CR LTDA 's total liability to you, if any, for any loss or damage (whether on the basis of contract, tort, strict liability or otherwise) relating to, or arising from, any and all matters, events or circumstances directly pertaining to any bet placed by you with us, shall not exceed the amount of the respective bet placed by you.
12.6
You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
12.7
You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and COP URL NET CR LTDA , taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to COP URL NET CR LTDA . You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
12.8
If you have any dispute with regard to the result of any game or event, you must submit your written complaint to us within fourteen (14) days from the date of the result of any game or event. In the unlikely event of a discrepancy between the result which appears on your Device and the results in transaction logs in our system, you agree that the result in our system's transaction logs certified by our nominated suitably qualified person shall be the conclusive and irrefutable evidence of the result.
13.
Reservation of Rights, Termination, Account Closure or Service Suspension
We reserve, at our sole discretion, the right to:
(i)
refuse to register any applicant for registration on the Website
(ii)
change, suspend, remove, modify or add any game or tournament.
14.
Links to External Websites
14.1
The Website(s) may contain links to external websites outside the Website(s) which are not maintained by COP URL NET CR LTDA . Links to external websites are provided for your convenience only, and COP URL NET CR LTDA is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
14.2
COP URL NET CR LTDA , is not responsible nor liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
14.3
COP URL NET CR LTDA shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
14.4
Unless expressly provided COP URL NET CR LTDA shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
15.
Adding or Discontinuing Games
15.1
We reserve the right to, without liability to any party, in our sole discretion and without notice to you, to add new games or functions to the Website(s) or to commence, cease, discontinue, restrict access to or modify any game or function at any time.
16.
Violations of these Terms and Conditions
16.1
COP URL NET CR LTDA reserves the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through other Device(s) to the Services, Website(s) and Information, at any time and at its sole and absolute discretion, without providing any reasons whatsoever.
17.
Precedence
The Betting Rules, where applicable, and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) shall form an integral part of these Terms and Conditions.
18.
In the event that there is any conflict between the provisions of the Betting Rules and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) and these Terms and Conditions, unless expressly provided otherwise, these Terms and Conditions shall prevail.
19.
Acts of God and Force Majeur
19.1
If COP URL NET CR LTDA fails or is in delay with the performance of any obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond COP URL NET CR LTDA 's control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labor dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimize the consequences of any such cause.
20.
Waiver
20.1
Failure by COP URL NET CR LTDA to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of COP URL NET CR LTDA 's rights hereunder or in any way affect the validity of the whole or any part of these Terms and Conditions, or prejudice COP URL NET CR LTDA 's rights to take further action.
21.
Severability
21.1
In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
22.
Governing Law and Jurisdiction
22.1
You agree that your access to and use of the Services, Website(s), Software, the Information and the interpretation these Terms and Conditions shall be governed by and construed in accordance with the laws of Costa Rican.
22.2
Any claim arising out of or in connection with these Terms and Conditions
(i)
if commenced by you, shall be referred to and finally resolved by arbitration in Costa Rica in accordance with the Costa Rican Alternative Disputes Resolution Act for the time being in force which rules are deemed to be incorporated by reference to this clause. The language of the arbitration shall be the English or Spanish language.
(ii)
if commenced by COP URL NET CR Ltda.,
shall be referred to and finally resolved by arbitration in Costa Rica in accordance with the Costa Rican Alternative Disputes Resolution Act for the time being in force which rules are deemed to be incorporated by reference to this clause. The language of the arbitration shall be the English or Spanish language.