Terms and Conditions

Introduction

Warning

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. WE RECOMMEND YOU PRINT THE CONTENT OF THIS AGREEMENT AND STORE IT ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS AS THEY RELATE TO YOUR USE OF THIS SITE. WE DO NOT FILE EACH INDIVIDUAL CONTRACT WITH USERS SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. NOTIFICATION OF THESE TERMS AND CONDITIONS CONSTITUTES THE MAKING OF AN OFFER. BY REGISTERING TO MAKE USE OF THE SERVICES COVERED BY THIS AGREEMENT, YOU ARE CERTIFYING THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT REGISTER AND YOU MUST NOT OPEN AN ACCOUNT AND YOU WILL BE UNABLE TO ACCESS THE SOFTWARE AND THE GAMING SERVICES OFFERED IN CONJUNCTION THEREWITH.

This terms and conditions (“Terms and Conditions”) refer to the website banana.poker and/or any sub-website and/or associated domains (and/or sub-domains) of banana.poker (hereinafter referred to as the “Site”.

The Site is owned by WP Consulting N.V., a company incorporated under the laws of Curacao, having its registered address situated at 9 Abraham de Veerstraat, Willemstad, Curacao (“The Company”).

In this Terms and Conditions, the following terms shall refer to WP Consulting N.V.: “The Company”, “Our” “Ourselves” “We” “Us” and/or “Site”, and terms: “Visitors” “Users” “You” and “Your” refers to an identified or identifiable natural person being the user of this Site and/or client of any of Site’s services. 

This end user agreement (the “Agreement”) is a legally binding agreement between (a) You, the end user (“You”) and (b) WP Consulting N.V. (“The Company”), a registered Curacao company, at the address: 9 Abraham de Veerstraat, Willemstad, Curacao; licensed and regulated by the law of Curacao under the Master License of Gaming Services Provider. The software (the “Software”) and gaming services (the “Gaming Services”) are being provided to you by WP Consulting N.V., a gaming company registered in Curacao.

In the event of any complaints, claims, question and disputes with regard to any outcome regarding the services or any other activity performed by The Company, you should contact our Customer Care Team upon (info@creampoker.com).

Please note that the Software and Gaming Services are not for use by persons under 18 years of age. No one under the age of 18 years is permitted to wager or participate in the activities, games, Software and Gaming Services, nor residents of neither USA nor Countries where the Services are prohibited. If it comes to The Company’s attention through reliable means that a registered user is a person under 18 years of age or is otherwise not permitted to use the Services, The Company will, among other recourses available to it, cancel that user’s account.

You understand and accept that The Company is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the services. Any use of the services is at your sole option, discretion and risk. By using the services, you acknowledge that you do not find the services to be objectionable, unfair or inappropriate in any way.

Some countries may prohibit or limit some or all forms of gambling available on this site. You are responsible for ensuring that you are familiar with your country’s laws relating to gambling (and, if dissimilar, the laws of the country in which you are actually playing) and that you do not infringe these regulations.

Your attention is drawn to our Privacy Policy, which describes how we deal with and protect your personal information. By accepting these Terms and Conditions, you are also acknowledging and accepting the Privacy Policy. This Agreement shall apply to any use of the Services. In case of contradiction between a provision of this Agreement and any provision on the web site, the provisions of this Agreement shall prevail. Unless otherwise indicated herein to the contrary, any reference made in this Agreement to The Company shall be deemed to have been made to WP Consulting N.V., a registered Curacao company registered under the address 9 Abraham de Veerstraat, Willemstad, Curacao, and its affiliated corporations, successors and assigns.

These Terms and conditions, together with the Bonus section, How to Play section, all game rules, the Disconnection and Cancellation Policy, and any other additional rules, policies and terms specifically relate to and govern any particular event, game, software or tournament constitute a legally binding agreement (‘Agreement’). If this agreement is translated, the English language text shall prevail. Any other document provided in connection with this agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.

SOFTWARE

1. SOFTWARE LICENSE: The Company grants You a personal, non-exclusive, non-transferable license to use the Software, but retains all proprietary rights to the Software. All rights not specifically granted under this Agreement are reserved by the Company and, as applicable, The Company’s licensors. The Software is licensed for your personal use only. Your license confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software.
2. OWNERSHIP OF SOFTWARE: All right, title and interest and intellectual property rights in the Software are owned by The Company or its licensors and may be protected by applicable copyright or other intellectual property and gaming laws and treaties. All rights not expressly granted under this Agreement are reserved by the Company.
3. USE OF SOFTWARE: You may only use the Software in accordance with this Agreement. You may install the software or any other components of the Services on any additional personal computers. You may make back-up copies of the software provided that such use and backup copying is only for Your own personal use in accordance with this Agreement, and further, that such installation and use is made through a computer of which You are the primary user. You may only use one instance of the software on one computer at any time. You are not permitted to play at the same table or in the same tournament using multiple accounts from the same computer hardware and doing such will be a direct violation of this agreement.
4. SOFTWARE LIMITATIONS: The Software contains copyrighted materials, trade secrets and other proprietary material. You acknowledge that the Software in source code form remains a confidential trade secret of www.creampoker.com. You may not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the Software. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the Software to any third party. Any assignment in violation of this Agreement is void.
5. CHANGES IN SOFTWARE FUNCTIONALITY: By accepting the terms of this Agreement, you agree that The Company is permitted to limit, deny, update or cancel some or all of the functionality of this Software at any time, without prior notice. You agree to bear the risks of and hold www.creampoker.com harmless for any and all effects that a change in functionality may have on Your ability to use the Software. The Company may require, as a condition to Your continued access to company’s services, Your acceptance of Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software.

TERMS AND CONDITIONS OF SERVICE

1. ACCEPTANCE OF TERMS: The Company permits You to use or play its Services, subject to the terms of this Agreement. Please read them carefully. By registering and opening an account as contemplated by section 7 below, you are certifying that You agree to be bound by the terms of this Agreement. If You do not wish to be bound by these terms, you must not register and open an account, and You will be unable to access or use the Services. The terms of this Agreement may be changed or updated at any time by The Company without any notice to You. Your continued access to, and use of, the Services will mean that You agree to be bound by the most current version of this Agreement. You can review the most current version of this Agreement at any time at www.creampoker.com Terms and Conditions.
2. REGISTRATION: To use company’s services, you must first open an account by entering a unique and valid e-mail address and associated password. To deposit funds to Your account, you must enter Your first and last name, address and telephone number. You agree to provide only true and current information and You further agree to update this information as necessary to keep it true and up-to-date. You also agree to allow The Company software to take a digital fingerprint of Your computer for security reasons. The fingerprint comprises of a set of numbers including IP configuration, which is stored along with Your account information. When opening a play money account at The Company, you will be able to access the following: play money games, play money tournaments. With a real money account, you can access real money games and real money tournaments. It is strictly forbidden to have more than one active account at The Company at any one time. The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and The Company will not be liable for any such action.
3. PERSONAL USE OF GAMING SERVICES: You agree to keep Your account information secret and confidential and to not allow anyone else to use or have access to it. Any participation in the games is at Your sole choice, discretion and risk. By playing at the Site, you agree that You do not find the Services or other aspects of the company to be offensive, objectionable, unfair or indecent. You are only allowed to wager for Your own personal entertainment. Any commercial use is strictly forbidden. You agree that you are responsible for verifying and abiding by the laws governing gambling in the place where the Software is used.
4. ROBOTS, ARTIFICIAL INTELLIGENCE AND OTHER SYSTEMS: It is strictly forbidden to use any automated software or computer system to play at the Site, including the action of sending information from Your computer to another computer where such software or system is active. Robots or any software designed to play automatically at online gaming sites is not allowed. At any time while You are playing at the Site, the Software may scan Your computer for any activity of such software and systems. Also forbidden is the use of any software during the game that is designed to track and display the actions of the other players on the site or any system or service to transfer funds to or from a player’s account to their account at any other site or the deliberate “dumping” of chips between any accounts. Usage of such methods will result in the closing of Your account and be subject to confiscation of Your winnings and funds. The Company reserves the right to publicize information of any such documented abuse including Your personal information.  
5. NO COMPANY EMPLOYEES: If You are an officer, director, employee, consultant or agent of the Company or one of its group companies, or suppliers or vendors, you are not permitted to register with the Site or to participate directly or indirectly in any of the company’s Gaming Services (each an “Unauthorized Person”) unless you do so based on the written permission of The Company and such participation is part of your employment and/or done as promotion for The Company. Similarly, relatives of Unauthorized Persons are not permitted to register with the Site or to participate directly or indirectly in any of the Services. For these purposes, the term ‘”relative” shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.  
6. PLAY MONEY: Play money is not real (bona fide) money and is kept separate from real money. Play money does not constitute or represent any value whatsoever. Play money can only be used for playing at play money tables and cannot be collected, cashed out or in any other way be made into or transferred between the Company and You or any other person or legal entity.
7. REAL MONEY: To play with real money, you are required to deposit real money into Your account by the methods provided to You by the Site. Minimum as well as maximum limits apply to real money deposits. All real money will be paid, tracked, and maintained in different currencies (USD, EUR,..), and will not bear any interest. All fees levied by payment processors are Your responsibility. Using a credit card to fund Your account may be treated as a Cash Advance by the bank that issues Your credit card. All interest and or fees associated with a Cash Advance are Your responsibility. Please keep the speed at which You play reasonably fast. If You are playing on more than one games and the Company receives too many complaints about Your speed of play, The Company may restrict the number of games at which You are eligible to play. The Company is not responsible for any losses incurred due to accidental bets placed on Your behalf during a game or when playing at multiple tables due to tables switching locations onscreen. Please make sure You are playing at Your skill level when playing at the Site.

8. CASH OUTS/WITHDRAWALS: In the cashier section of the Software, you will be able to monitor Your account balance which is the amount of real money You have available, plus or minus any accumulated winnings or losses from playing any of the games on the Service, reduced by any amounts previously cashed out by You or amounts forfeited or reclaimed by the Company. All amounts cashed out are subject to the transaction limits and processing fees of The Company. Limits and fees may change from time to time at Company’s sole discretion or by You in the case of user defined limits. A cash out will only be remitted by The Company, to the same account from which the funds paid into the player’s account originated. Refer to table in the Withdrawal policy for the payment options to which a withdrawal cannot be affected. In the case where the funds cannot be remitted back to the original payment option, the player has to make a small deposit using another payment method, the relevant checks will be carried out and once verified the withdrawal will be processed. Players withdrawing cumulative amounts in excess of a certain amount will be subjected to identity verification. The user cannot withdraw the funds from their account without playing any game. Any withdrawals made after the deposits without wagering any amount in the user’s account will be rejected. Further possible rejection reasons:

• The customer has not yet provided requested documents;
• The customer identification documents have expired;
• There are fraud/cheating/collusion/money-laundering concerns.

9. DEPOSIT AND WITHDRAWAL LIMITS

• Deposit limits (in USD or equivalent amount in other currencies)

• Min deposit: 10 USD
• Max deposit: 2000 USD daily, 5000 USD weekly, 10000 USD monthly

• Withdrawal limits (in USD or equivalent amount in other currencies)

• Min withdrawal: 10 USD
• Max withdrawal: 2000 USD daily, 5000 USD weekly, 10000 USD monthly

Other limits upon request and additional security checks and reviews. Please contact kyc@banana.poker.

1. Poker promo winnings (including but not limited to bonus money from titles free, freeroll, freeaff, freeroll satys) can only be paid out or transferred from the player's account once the player has raked 100 USD (or equivalent amount of any other currency) in the current month. All promo winnings will remain in the player's account until the target rake threshold is reached. There is no time limit to reach this rake target. For winnings from all titles already mentioned above, regarding players who have never made a real deposit, and/or for winnings over 1000 USD (or equivalent amount of any other currency), in a given time period, extra agent rules may apply.
2. SECURITY CHECKS, REVIEWS AND RELEASES: The Company reserves the right to verify Your identity and the fidelity of the information You have supplied by making various security and ID checks. If You fail or refuse on request to comply and sign a security request from The Company, the Company reserves the right to void Your account.
3. ABANDONEMENT OF ACCOUNT BALANCE: In the event that no transaction has been recorded on a Player’s account for thirty months the Site reserves the right to close the account and remit the balance using the last known details of the player.
4. BONUS PROGRAM: By accepting this agreement, you agree to allow the Site to reward You with bonuses of real money generated based on your game. The Company reserves the right to change rules, levels and limits of the Bonus Program at its sole discretion.
   I. Payment: Your account will be credited with a bonus from the Site Bonus Program within seven days from achieving the requirement
   II . Unlocking Tiers and Associated Bonuses: Rules governing how to unlock Tiers and the associated bonuses are found inside the company’s Software or website. Bonuses are based on the game generated by the players.

III . Improper Advertising Practices: The Company will reward You for telling others about our Gaming Services. However, we monitor methods used to promote the Site and if You are found to be:
a. Wilfully and blatantly ignoring rules of any 3rd party website by posting invitations to sign up, and/or
b. Using advertising messages with grossly misleading claims of promotional rewards

1. OPERATION OF ACCOUNTS: During the term of Your Account, there may be circumstances which require changes to Your Account.

1. Succession: In the event of Your death or permanent incapacity, The company requires a copy of the death certificate or a registered medical physician’s statement and any other documents relating to administration or guardianship of Your estate as proof of Your successor’s or guardian’s (jointly referred to as “Beneficiaries”) entitlement. In this event, any of Your income rights and/or the value of Your Account may be passed to Your Beneficiaries. Your Beneficiaries must submit a written application supported by the necessary documentation including a death certificate or registered medical physician’s statement, for consideration by the Company. Approval of this application shall not be unreasonably withheld. Transfers will only be approved if the Beneficiaries agree to assume Your account responsibilities and obligations as outlined in these Terms & Conditions. If a Beneficiary is not permitted to hold an account, the Beneficiary will be entitled to transfer Your interest in the account to a third party who is entitled to hold a Site account.
   II. Self-Exclusion: The Company reserves the right to monitor Your account activities and notify You if the Company believes You may have gambling problems. However, the Company makes no warranties about its ability to identify and help You with gambling problems. You may request to be excluded from entering or using the Services for various reasons and may do so at any time by sending a request to (info@creampoker.com). If you believe you have a gambling problem, or just wish to take an enforced break from gaming, the Company gives you the power to temporarily, or permanently, exclude yourself from playing at the site. If you choose to exclude yourself permanently your request will be honoured, your account closed, and you will not be permitted to return to the Site any time in future. If you choose to request a temporary exclusion, your request will be honoured and you may apply for reinstatement at a later date, as per your set instructions. You can select a two-day, one month or six-month self-exclusion. Upon the expiry of the requested period of exclusion, your account will be unlocked automatically.
   III. Limiting Your Personal Expenditure: The Company provides tools to help you control your gaming. You can establish limits on the amount you deposit over a given period, be it daily, weekly or monthly. Requests to tighten your limits will take effect immediately, whereas requests to loosen those limits will be addressed within a 24-hour period. You can set these limits when you first create Your account, or you can change them anytime thereafter by visiting the Site Cashier. From the Cashier, click on the ‘Limits’ button at the top of the screen, and a page will be displayed where you can set your daily, weekly and monthly spending limits.
   IV. Suspensions and Termination of Account: The Company reserves the right in its discretion and in relation to Your account and any related payment service provider account, any accounts You may have with other sites and/or casinos and/or services owned or operated by or on behalf of the Company to terminate this agreement, withhold your account balance, suspend your account and recover from such account the amount of any affected payout, bonuses and winnings if: You breach any of the Terms and Conditions of this agreement; or provide any false or misleading information to the Company; or partake in fraudulent, inappropriate or offensive behaviour against the Company or you have ‘charged back’ or denied any of the purchases or deposits that you made to your account ; or are involved in an activity which may be deemed contrary to accepted standards of fair dealing, in breach of laws applicable in Your jurisdiction and/or contrary to the interests of The Company or injurious to the company’s reputation. Some countries prohibit or limit some forms of gambling itself available on this Site. You are responsible that you are familiar with your country’s legislation relating to gambling and that do not infringe any laws. However, the actions which may be taken by the Company in the event that you engage in such conduct can include, but are not limited to warnings, temporary suspension of the Site’s Services and, temporary suspension of your Site account. The termination of your Site account will only be considered in the case of the most serious violations or, as a result of multiple violations and where possible, only after repeated communication with you. In the event of the termination of your account, you agree:
   1. Your right to make any representations regarding the Site in any way whatsoever is immediately revoked;
   2. Your right to use the Site’s Services, Your User Account and Password are immediately revoked;
   3. You must destroy/delete all of Your copies of the Software.
   4. Your right to any present or future entitlements You might otherwise have or have had arising from the Company or Your use of the Site’s Services, as of the date of termination is revoked; and
   5 . All other rights under these Terms and Conditions are terminated.
   The Site will endeavour to notify You of any minor breach of these Terms and Conditions of which the Company becomes aware and will afford You a reasonable time in which to rectify that breach and show cause why Your Account should not be terminated. You will be notified of the company’s decision and the reasons for its decision by E-mail.
2. 
   Restrictions on Chat

• You should not chat about a game while it is in progress.
• You should not use chat to offer advice to another player during a game play or urge a player to take a particular course of action.
• You should chat only in the English language and the table specific language as may be designated by the Company in its sole discretion.
• You should not use foul, abusive or threatening language.
  The above actions are discouraged as they show poor etiquette and can result in chat suspension or in severe and continuous breaches a complete chat ban or account closure.

15. DISCLOSURE TO THIRD PARTIES: You agree to keep Your account and related information secret and confidential and to not allow anyone else to use it. If You intentionally or unintentionally, directly or indirectly, disclose e-mail and/or password to another person, and such disclosure results in a third party participating in the Site Service using Your e-mail and password, such participation will be invalid, and You will not be refunded any resulting losses at the Site, regardless of whether or not the third party had Your consent or not. The company shall not be required to maintain e-mail or passwords if You misplace, forget or lose this data or are otherwise unable to enter the Site because of anything other than the company’s error. If you misplace, forget or lose your Account name, username or password as a result of anything other than software’s error, the Site shall not be liable.

1. INDEMNIFICATION: You agree to indemnify, defend and hold harmless the Site, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable attorney’s fees), arising from or asserted by any third party relating in any way to (i) Your use of the company’s Services, or any other product, service or promotion offered to You by the Company; (ii) any claim of infringement of third party intellectual property rights; (iii) uploading, posting, emailing, reproducing, transmitting or otherwise distributing any content or other materials by You; or (iv) the breach of any of these Terms and Conditions by You or any users of Your account with the Site. The Site reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, which shall not excuse Your indemnity obligations.
2. ABUSIVE OR OFFENSIVE LANGUAGE: Abusive or offensive language will not be tolerated in the Service or with the company’s staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by the company to ensure compliance. You are not permitted to use inappropriate or offensive language in connection with your user name and/or player ID which includes, but is not limited to profane, sexist or racist language. The Site reserves the right to make changes to any Users name or player ID that violates this policy and to take any steps in deems appropriate, up to and including closing a Your account. If You create an account with an offensive user name and/or player ID or change your existing user name/ID to an offensive one you may have Your user name/ID changed and locked and the ability to change Your user name and/or player ID will be revoked. You may still be permitted to change Your name/ID once per month, but you will be required to contact support to do so.
3. DISCLOSURE OF FRAUDULENT ACTIVITIES: The Site has a zero-tolerance policy towards inappropriate play and fraudulent activity. If, at company’s sole determination, You are found to have cheated or attempted to defraud at the Site in any way including but not limited to game manipulation, chip dumping, transfers or payment fraud, or if You make untrue and/or malicious comments with regard to the company’s operation in any media or forum, the company reserves the right to publicize Your actions as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, the company may close any accounts, and forfeit account balance, that You have at the Site or at any other Company’s related website and/or business. The Company reserves the right to void and withhold any or all winnings made by any person or group of persons where we have reasonable grounds to believe that the said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage the Company.
4. SECURITY REVIEW: In order to maintain the level of security and integrity in the system, the Site reserves the right to conduct a security review at any time in order to verify identity, age, the registration data provided by you, in order to verify Your Use of the services, including but not limited to your compliance with these Terms and Conditions and the policies of the Site and your financial transactions carried our via the services for potential breach of these Terms and Conditions and of applicable law. As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party, we consider necessary to validate the information you provide to us or should provide to us in accordance with these Terms and Conditions, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate the security reviews, you agree to provide such information or documentation as to the company at its discretion may request.
5. COMPLAINTS AND NOTICES: In the event of You having any complaints, claims or disputes with regard to any outcome regarding the services or any activity provided by the Site, You must submit your complaint to the Company in writing as soon as is reasonably practicable allowing the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to (info@creampoker.com). Any notice we give to you will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address.
6. COMPENSATION: You agree that you will only use the services provided by the Site in accordance with the Terms and Conditions set out in this schedule. Any breach of these conditions which results in the Company incurring any losses or costs will render you liable to compensate the Company for any said losses or costs in their entirety.

22. COPYRIGHT AND TRADEMARKS: The logos carried about and belonging to The Company, custom graphics and button icons are trade names, service marks or trademarks of the Site or its affiliates if any. All other trademarks, trade names and service marks on the Site are the property of their respective owners (the “Other Marks”). Without the company’s prior permission or the prior permission of the owners of the Other Marks, you agree not to display or use in any manner, the company’s Marks or the Other Marks.

1. GOVERNING LAW AND DISPUTES: Curacao Jurisdiction for Disputes: These conditions shall be governed and construed in accordance with the laws of Curacao. You agree to submit for the benefit of the Company, to the exclusive jurisdiction of the WP Consulting N.V. and the Courts of Curacao for settlement of any disputes or matters arising out of or concerning these Conditions or their enforceability. If any part of these Terms and Conditions is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Terms and Conditions, which shall remain valid and enforceable according to their terms.
   WP Consulting N.V Reporting: The Company may be obliged in accordance with the Act to provide regulatory disclosures of personal information to the Authority including, inter-alia, details of players breaching these terms and conditions and especially: players gambling or attempting to gamble when under age or suspected of being under age; players engaged in suspicious transactions or suspected to be engaging in money laundering or fraud; players colluding or suspected of collusion; players using robots or modifying the software or suspected of doing so; suspicious use of the Chat facilities; players who have left their accounts dormant; players who register a dispute with the authority.
   Account Disputes: Where there is any dispute concerning a player’s account, the Site reserves the right to suspend the player’s account until a  resolution is reached. Any disputes must be lodged in writing stating the date, time and details of dispute and sent to The Company at 9 Abraham de Veerstraat, Willemstad, Curacao. The Company takes player disputes very seriously and endeavours to take all reasonable steps to investigate and resolve all disputes. If, having filed a complaint in writing and having given The Company reasonable opportunity to address the complaint you have the right to bring the dispute to the attention of the regulatory bodyof the Company. If, for some reason, you are not satisfied with the resolution of your complaint by The Company, you may report a complaint to the Curacao Gaming Authority info@gaming-curacao.com . Settlement of Disputes: You fully accept and agree that the random number generator (“RNG”) will determine the outcome of the games or other promotions that utilize the “RNG”. Further, in the event of a discrepancy between the result showing on the software and the gaming server, the result showing on the gaming server shall be the official and governing result of the game. Moreover, you understand and agree that the Company’s records shall be the final authority in determining the terms of Your participation in the Company Gaming Service, the activity resulting from there and the circumstances in which they occurred.
2. PRIVACY AND DATA PROTECTION: Privacy Policy Enquiries: The Privacy Policy sets out our data processing practices carried out through the use of the Internet and World Wide Web. If you have any requests concerning your personal information or any queries with regard to these practices, please contact us at: (info@creampoker.com). Data Protection Act Registration: The Company is bound and compliant with the European Data Protection Directive 94/46/EC in respect of the handling and collection of your personal information. Personal Information Capture: The Company collects personal information from visitors to its website through the online registration process and every time you interact with us. Use of Personal Information: The Site processes personal information collected via this website for the purposes of: Setting up and managing your account; Building up your personal profiles; Providing you with information about the Sites’s promotional offers; and complying with all regulatory requirements, in particular those relating to the identification of individuals under money laundering legislation. Access to Personal information is limited to the staff of the company and/or its agents in accordance with their roles and responsibilities in managing the above uses in accordance with the applicable Data Protection Act. The Company may share your personal data with any of its agents who may only use such data for strictly the same purposes, as the company shall specify and within the terms of these Terms and Conditions. The company shall use your personal data in accordance with the Privacy Policy. Recordings: You should assume that all use of our website, chat, emails and telephone calls between you and the company will be recorded. These recordings will be the sole property of The Company and may be used as evidence in the event of any dispute or to improve customer care.

25. TAXES: You are solely responsible for reporting and paying any taxes as required by the governing law of your country of residence.

1. MODIFICATION AND AMENDMENTS: You fully understand and agree to be bound by these Terms and Conditions and as modified and/or amended by the Site from time to time. The company reserves the right to change these Terms and Conditions at any time. Such changes shall have effect immediately upon publication on this site and you agree to be bound by them and to regularly review these terms for the purposes of monitoring such changes. If any modification is unacceptable to you, your only recourse is to terminate these Terms and Conditions. Your continued use of the services following notification will be deemed binding acceptance of the modification. It is your sole responsibility to review these Terms and Conditions and any amendments each time you play. These Terms and Conditions and the documents referred to herein represent the complete and final Terms and Conditions agreed between you and the Site in relation to these Terms and Conditions and supersede any and all prior agreements between You and the Company.
2. DISCLAIMER OF WARRANTIES: Your use of the Site’s services is at your own risk. The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, The Company, its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, licensors, and agents, hereby expressly disclaim any and all representations and warranties of every kind, whether express or implied, regarding the services, its content, and any information or other materials provided by the Site in connection with use of the services, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and those warranties arising by law, statute, usage of trade, or course of leading. The Site makes no warranty that (1) the services will meet Your requirements; (2) the services will be uninterrupted, timely, accurate or error-free; or (3) the servers that make the Site’s service available are free of viruses or other harmful components and any errors in Our software will be corrected. The security mechanisms incorporated into the services have inherent limitations and You acknowledge and agree that any material and/or data downloaded or otherwise obtained through use of the Site services is done at Your own discretion and risk and that You will be solely responsible for any damages to Your computer system and any other property item or loss of data that results from any such activity. The disclaimers contained in this paragraph are a material part of our agreement to provide the site to you. Some jurisdictions do not allow the exclusion of implied warranties. Accordingly, some of the above exclusions may not apply to you.
3. LIMITATIONS OF LIABILITY: To the fullest extent permitted by applicable law, under no circumstances, shall The Company or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners, or licensors, be liable for any injury, loss, claim, damage or any indirect, incidental, special, punitive or consequential damages of any kind, or any damages whatsoever, including, without limitation, damages for loss of income, use data, goodwill or other intangibles, whether or not advised of the possibility of such damages, and on any theory of liability (including negligence), arising out of or in connection with:
   (1) Your use or inability to use the services;
   (2) Goods, data, or services received through or advertised on the Site;
   (3) Information received through the Site;
   (4) Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, damages to computer system or equipment or other property, unauthorized access to or alternation of your transmissions or data, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to the Site, including, without limitation, those that result from acts of god, communication failures, theft, destruction, or unauthorized access to www.creampoker.com records, programs or services;
   (5) Statements or conduct of any third party on the Site’s service; or
   (6) Any other matter relating to the Site service.
   If you are dissatisfied with the service or the content available thereon, or with any of these terms of service, your only remedy is to discontinue using these services. The limitations of liability contained herein are a material part of our agreement to provide the Site to you. Notwithstanding the foregoing, if the Site or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors should be found liable for any loss or damage which arises out of or is in any way connected to the Site, the liability of the Company, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors shall in no event exceed, in the aggregate, 5.000 USD or equivalent amount in other currency. Some jurisdictions do not allow the exclusion of liability for incidental, consequential or other types of damages. Accordingly, some the above limitations may not apply to You.

29. LOSS OR CORRUPTION OF DATA AND DAMAGE TO COMPUTER EQUIPMENT: The Site shall not be responsible or liable for any loss or corruption of data or Content that You may experience while using the Service or otherwise. This includes, without limitation, the loss or corruption of data or Content resulting from a) Casino, system, or server “crashes” or outages, or other power outages; c) damage caused by viruses, worms, or security breaches, file corruption; and d) any other cause. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer equipment or other property on account of Your access to, or use of, the Site’s

1. MISCELLANEOUS: These Terms and Conditions constitute the entire agreement between You and The Company and govern Your use of the Site, superseding any prior agreements, if any, between You and the company, including, without limitation, any prior versions of these Terms and Conditions.  
2. You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Site as a result of the Terms and Conditions or use of the Site.
3. The failure of the company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver or relinquishment of such right or provision, or any other right or provision.
4. If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
5. VIOLATIONS
   Please report any violations of the Terms and Conditions to info@creampoker.com.

 

These terms were last updated on 06/04/2022, (Version Nº 1.2) and supersede any previous Terms and Conditions.