Welcome to Wipido.com (Wipido, the 'Company', the 'Service', 'us', 'our' or 'we' as appropriate). This legal information applies to the entire Website for the domain name www.Wipido.com ('the Website'), the software ('the Client') and to all contact between us and you.
PLEASE READ ALL OF THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THE SERVICE. BY USING THE WEBSITE, YOU INDICATE YOUR AGREEMENT ('AGREEMENT') TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS AGREEMENT IS WRITTEN AND ONLY AVAILABLE IN ENGLISH. IF THIS AGREEMENT IS TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH VERSION WILL PREVAIL.
1. Applicability of Terms and Conditions
If you register with the Company you will hold an Account (an 'Account'). By opening an Account you will be able to use the Service. By holding an Account, you agree to comply with this Agreement, and recognize that any failure to comply may result in suspension or termination of your Account. This may include forfeiture of funds and/or legal action against you as appropriate. The Company reserves the right to suspend, modify, remove and/or add to any of our Services at its sole discretion with immediate effect and without notice and the Company will not be liable for any such action.
Notification of these terms and conditions constitutes the making of an offer, which you accept when registering by clicking on 'I have read and agree to Terms and Conditions'. When acceptance reaches us, a legally binding Agreement on these terms and conditions is concluded between the customer ('you'), and the Company.
We reserve the right to revise these Terms and Conditions at any time. By your continued use of the Service after such revisions you agree to comply with those revisions. You are responsible for regularly reviewing these Terms and Conditions. There is a hyperlink on the Website which can be used to see the most current version at any time. If you are unsure of any aspects of this Agreement you should seek independent advice before registering.
Your attention is also drawn to our Privacy and Security Policies which describe how we deal with and protect your personal information. By accepting this Agreement you are also acknowledging and accepting these policies.
2. Governing Law
These Terms and Conditions are governed by the laws of the Kingdom of the Netherlands. You hereby irrevocably consent to submit to the jurisdiction of the Dutch Courts. You further agree that any legal dispute shall be resolved on an individual basis, and not as any kind of class action.
3. Skilled Gaming
Wipido.com is designed to allow its Customers to play the games hosted by us and to participate in matches with other Customers. The matches and games have no chance element to them and are matches and games of pure skill. Therefore, when participating with other Customers, it is your skill in playing that is assessed against each other, and the winner will be the Customer who, through skill and judgment, is most successful in the relevant game. You should ensure that you are familiar with a game before entering any matches.
4. Legality of Registration
You may only use our Services if you are over 18 years of age. 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 our Services.
Any use of our Services is at your sole option, discretion and risk. By using our Services, you acknowledge that you do not find them to be offensive, objectionable, unfair, or indecent in any way and are not knowingly breaking any laws.
5. Registering for an Account
In order to play in our matches, you may wish to download and install some appropriate Software (our 'Software') and will need to register for a Wipido.com Account by providing all the information required by our application process. You agree to provide accurate, complete and up-to-date information and you further agree to update this information as necessary to keep it accurate, complete and up-to-date. To amend or update these details either go to the relevant section of the Website or alternatively contact our Customer Services team who will be happy to help.
You may install and use the Client and other application we make available to you on a hard disk or other storage device. Backup copies of the Software may be made provided that they are solely for your own personal use for participating in the matches in accordance with this Agreement. Furthermore such installation and use must be made through a computer of which you are the primary user.
The Software's code is the property of the Company and/or its group Companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with this Agreement. Unless expressly permitted by law you are strictly prohibited from, and agree not to, modify or otherwise attempt to discover the source code of the Software or any part of it or to create derivative works from the Software. You agree that the Software will not be exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
7. Accurate Information and One Account
The name given by you during registration and stored against your Account must match your true and legal name. This name must match the name on the credit card(s) or other payment Accounts used to deposit or receive monies in your Account. It is a criminal offence to impersonate or purport to hold any identity that does not belong to you. You are prohibited from holding more than one Account. If you can no longer access your Account or have any other reason to require a new account, please contact our customer services team for assistance.
8. Intellectual Property
The term Wipido.com is the trade mark, service mark and/or trade name of the Company. Furthermore all other material used by us, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) belong to the Company and is protected by copyright and/or other intellectual property rights. Other than as expressly set out in these terms and conditions, you obtain no rights to such copyright material or trade or service marks and must not use them without the Company's written consent.
9. Rules and Procedures of the Games
You must use our Services according to the procedures set out in the Game Rules section of our Website and any other page that specifically relates to and governs any particular Service, event or matches.
10. Funding your Account
In order to use our Services you will be required to send money to and receive money from us. The Company will use third-party electronic service providers ('ESP's') and/or financial institutions to process such financial transactions. You irrevocably authorize us, as necessary, to instruct such ESP's to handle Account deposits and withdrawals from your Account as you request. You agree to be bound by the terms and conditions of use of any ESP we use. In the event of a conflict between this Agreement and the ESP's terms and conditions this Agreement shall take precedence.
To play our matches you will be required to deposit funds into your Account by any of the methods made available by us. These funds will be deposited into your Account upon authorisation of funds by the Company and/or its agents. We may apply minimum and maximum limits to these deposits depending upon previous dealings with us, the method of deposit, and other factors as decided by the Company. All payments to and from your Account must be paid in the currencies available on the Service and will not gain interest while in your Account. All payments into your Account must be from a source on which you are the named Account holder.
Cash out requests are subject to any deposit method or bonus restriction, any other terms of this Agreement and any stipulation as detailed by the Company when requesting the withdrawal. We may withhold any amount from winnings in order to comply with any applicable law and may report all such actions to the appropriate authorities.
All taxes due on any winnings awarded to you are your sole liability. Payment of funds which you withdraw shall be made by any payment method which the Company selects in its sole discretion.
Withdrawals will be processed as soon as possible, although there may be delays due to any Security Review (see section 21 below) undertaken by the Company and save where the Company holds any such payments in accordance with this Agreement. We apply a minimum withdrawal limit of $25 and customers are limited to 1 withdrawal per 24-Hour period.
13. Prohibited use of the Website
In order to keep the Service secure, fraud-free and to maintain the requisite level of data protection, the Company does not allow the use of any communication channels on the Website to promote any offers, products and services (whether yours or a third parties). Under no circumstances is it permitted for you to contact our customers with such offers, products or services. Should we be aware of such behavior, the Company reserves the right to consider this activity to be subject to Section 22 (Forfeiture and Account Closure) of these Terms and Conditions of Use.
Abusive or offensive behaviour is not tolerated on in-game live chat, the forums, or otherwise by you on Wipido.com sites or with our staff. This is particularly true of racial, sexist, obscene, pornographic, blasphemous, defamatory or discriminatory abuse. It is also not permitted to use images which are abusive or discriminatory. Any violation of this policy will result in a suspension of playing privileges or such other action, including, but not limited to legal action as may be reasonably required by the Company to ensure compliance.
In addition, you may not make untrue, malicious, damaging or defamatory comments with regard to the Company's operation in any media or forum.
15. Fraudulent Activities
The Company will not tolerate unreasonable play and/or fraudulent activity. If for any reason it is the Company's opinion that you have cheated or attempted to defraud the Company or any other user, or if the Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any reversal of a payment) or illegal transaction (including money laundering), the Company reserves the right to consider this activity to be subject to Section 22 (Forfeiture and Account Closure) of these Terms and Conditions and to share this information (together with your identity) to other online Websites, banks, credit card companies, and appropriate agencies for the purposes of preventing such activity in the future.
We are committed to detecting and preventing software programs, player collusion, cheating software or anything else that we feel enables you to have an unfair advantage over other players. You acknowledge that the Company will take measures to investigate and prevent the use of such programs and software using whatever methods deemed necessary and you agree to not use any such software or engage in collusive behavior. Please see our Fair Play policy for further information.
16. Fraudulent Account Creation
If at any time we discover that an account has been opened fraudulently or using false information we reserve the right to suspend the account pending investigation. The result of said investigation, if conclusive, may result in forfeiture of the account and any funds therein.
17. System Errors
By accepting this Agreement you agree to inform us as soon as you become aware of any errors with respect to your Account. In all circumstances whereby the Company (in its sole discretion) determines a System Error has been used to gain an unfair advantage, the Company reserves the right to consider this activity to be subject to Section 22 (Forfeiture and Account Closure) of these Terms and Conditions of Use.
Customers should ensure that they have the correct hardware requirements to use Wipido.com and that they do not compromise the performance of their PC by running programs which affect such performance whilst using our Services.
Should there be any system failure ('System Error') or failing in the Service the Company will seek to return all parties to the position they were in before the error occurred and refund any monies lost as soon as possible to your Account. If you are entitled to a refund for any reason the Company will ensure that commensurate funds are credited to your Account as soon as possible subject to any processing and verification required by the Company prior to the transaction.
Refunds of entry fees are otherwise available at any stage before a matche has started and will be credited back to your Account.
19. Secure Account name and Password
Your membership or subscription is personal to you and you may not transfer or make available your Account name and password to others. Likewise you may not use anyone else's Account at any time for any purpose with or without permission. You are entirely responsible for maintaining the confidentiality of your password and Account and you have sole responsibility for any and all activities that occur under your Account.
You must notify the Company immediately of any unauthorised use or theft of your Account or any other breach of security. If requested you agree to provide the Company with evidence of such theft or unauthorised use.
The Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. If you deliberately or unintentionally disclose your Account details to another person, and this results in a third party using our Services with your Account name and password, such participation may be held valid, and you will not be eligible for a refund from any resulting losses, regardless of whether or not the third party had your consent.
If the security of your Account is compromised in any way, other than the Company's error, the Company shall not be liable. If you have lost your Account name or password, or if you feel they have been compromised, please contact our customer services team for a replacement.
20. Security Reviews
To maintain the security of the Website, the Company reserves the right to conduct security reviews at any time to check the registration data provided by you, to verify your use of our Services and your financial transactions for potential breach of this Agreement and of applicable law. As such you authorize us and our agents to make any inquiries about you and for us to use and disclose to any third party any data we consider necessary to verify the information you provide to us or should provide to us in accordance with this Agreement. In addition, to facilitate these security reviews, you agree to provide such information or documentation as the Company may request.
We review use of our Services and matches at the Company's discretion to ensure fairness. For matches this is very quick process and will only delay payment of winnings for a matter of minutes. If we have reason to believe that fraudulent activity has taken place then the Company retains the right to not credit any affected accounts until our review is complete and any pending investigation has been completed.
21. Forfeiture & Account Closure
The Company reserves the right, and has sole discretion in relation to your Account and any related ESP Account to withhold your Account balance, suspend or close your Account, and take back any withdrawals, bonuses and winnings if:
If there is any difference between the results showing on the Software installed by you and our server, the results showing on our server shall take precedence. For any activity you undertake on the Website or through our Service, the Company records will be the ultimate authority in resolving any dispute. This is without prejudice to your other rights.
If you have any dispute with regard to any activity you must submit your complaint in writing within fourteen (14) days of the incident. Any notice we give to you will be sent to the email address you provide us with upon registration. It is your responsibility to keep this address accurate and check your e-mail Account for receipt. If you need to amend this address at any time you may do so on the Website.
You may close your Account and terminate this Agreement at any time by contacting us in the prescribed manner. You will retain responsibility for all activity on your Account until such closure has been affected by us. We may terminate this Agreement immediately on notice (or attempted notice) to you at the email address you provide. Where the Company has terminated your Account as a result of a failed Security Review or any breach of this Agreement, any Account Balances will be forfeited.
24. Wipido.com Affiliate System
Soon after the launch of Wipido.com an affiliate program will be deployed. Depending on criteria unique to each agreement and outlined at the time of agreement, affiliates will receive payment for any qualifying players originating from them.
When a player introduces a friend to Wipido.com, and that player fulfils certain criteria, one or both parties may receive bonuses. Player's eligibility to receive these bonuses will depend on their status and activity among any other factors unique to the specific agreement.
You agree to fully indemnify the Company, its employees, licensees, licensors, and subsidiaries from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your breach of this Agreement.
27. Assignment/Transfer of rights
You may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under this Agreement. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
28. Third Party Rights
Unless expressly provided in this Agreement, and unless available other than under local law or statute, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement.
29. Limitations and Exclusions
30. Amendments to the Agreement
You fully understand and agree to be bound by this Agreement and as amended by the Company at its discretion. The Company may amend this Agreement at any time by publishing the amended Agreement on the relevant page of the Website. Any such change is effective upon publication. Your continued use of the Software following publication will be deemed as binding acceptance of the changes. If you are unwilling to accept any such change, your only option is to terminate this Agreement by way of requesting Account closure. It is your sole responsibility to review this Agreement and any changes at all times. This Agreement and the documents referred to within it represent the complete and final Agreement between you and the Company and take precedence over any and all prior Agreements between you and the Company.
If you have any questions, please contact us..
This document was last updated on Monday, 12 November 2007.