Terms & Conditions
Use of the site & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments AND PROCESSES OF INVIOCES
Shanky Profile Shop has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Shanky Profile Shop prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Shanky Profile Shop has all the discretion to cancel or deny orders. Shanky Profile Shop is not responsible for pricing, typographical, or other errors in any offer by Shanky Profile Shop and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Shanky Profile Shop reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. Please send any faulty goods complains + screenshots within 5-days after purchase to support. Faulty goods are always refunded in cash after we checked if your complain is legit.
If the goods are “non-faulty” then we can not refund you. Mainly because we deliver online e-products and therefore it's not possible to send back "non-faulty" products for a refund. If for special reasons a refund is given (other then faulty) then you will receive store credit in your shop account. All sales are final except faulty goods on delivery.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, then please contact support. Performance graphs, results, and statistics that supposedly came from data tracking software (such as Poker Tracker or Holdem Manager) are from Shanky/OpenHoldem forums and can be misleading.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Shanky Profile Shop shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 100,- or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchant ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Shanky Profile Shop. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Shanky Profile Shop to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of the European Union, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Amsterdam, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Disclaimer for Harm Caused by Downloads
Visitor downloads information from this site at their own risk. The Web Site makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
Disclaimer Performance, graphs and statistics
We are not involved in the creation of any of the graphs that are posted in our Webshop and we have not tested them ourselves. Performance graphs, results, and statistics that supposedly came from data tracking software (such as Poker Tracker or Holdem Manager) can be faked by Shanky/OpenHoldem users.
We strongly advise you inform yourself with buyer feedback, preferably from established forum-members, before buying. Read the sales thread to see what customers are saying before purchasing any products. Be aware that buyer feedback can also be part of a scam. Buy profiles that are suited for the poker room you prefer to play. Not all profiles are suited for all Poker rooms.
Disclaimer Trials & Licenses
We strongly advice you to request or download a trial first, or buy a small monthly licenses to check if the software works without problems on your computer. We can not give guarantees that (trial) licenses work until the expiry date end. It's possible that changes to the PC & ID / operating system / software / license system or method of setup can cause the (trial) license to stop working. For security & fraud protection all (Unverified/New) Paypal payments for licenses of 3/6/9/12 months can be delivered as 1+2, 3+3, 3+6, 3+9 months, if no refund, claim or drawback took place.
Trial / Licenses are for 1 comp ID and can not be transferred or refunded if you (for example) change your PC/ID/Operating Software etc.
Be smart and buy small monthly licenses to avoid any risk.
Legality of Online Gambling
The Web Site has content related to online gambling. Online gambling may not be legal where you live. Online gambling may be legal where you live but only if you are of a certain age. It is your responsibility to know your local laws before pursuing any content on the Web Site that might not be lawful in your jurisdiction or for your age in your jurisdiction. ALL PERSONS FOR WHOM ONLINE GAMBLING IS NOT LEGAL, BY AGE OR JURISDICTION OR OTHERWISE, ARE DENIED ACCESS TO THIS WEB SITE. Shanky Profile Shop makes no representation regarding the legality of pursuing the contents on this web site and in no case shall we be held liable for any legal issues stemming from the content of this web site.
Compatibility of Software
Software downloaded from this Web Site may not be compatible with your computer. Furthermore, it may be against other web site's terms of service to use the software downloaded from this Web Site. Visitor agrees to do their own due diligence in regards to determining the compatibility of any software downloaded from this Web Site with both their own computer and with any other software or any other web site they may be running or visiting while such software downloaded from this Web Site is running. Under no circumstances shall Shanky Profile Shop be held liable for any losses whatsoever resulting from running any software downloaded from this website, be it the result of violating any other company or web site terms of service, or for any other reason.
Last Update: 2-January 2017