User Agreement |
WEBSITE LEGAL TERMS AND CONDITIONSIMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE “I ACCEPT” or “CONTINUE” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW. This Website Legal Terms and Conditions (the “Agreement”) is an agreement between you (“you”) and PokerHost.com (the “Company”). Each of the terms “we”, “us” and “our” means the Company. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in ac-cordance with the procedure set out in this Agreement. This Agreement will affect your legal rights and we strongly recommend that you read the agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to clicking on the "Accept" or "Continue" button. 1.Applicability of Terms and ConditionsBy clicking on the "Accept" or "Continue" button, you represent and warrant to the Company that you fully understand and agree to comply with all of the terms and conditions of this Agreement and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you by the Company. This Agreement incorporates by reference all guidelines or rules applicable to our service, which are posted on our website from time to time, as may be amended from time to time by the Company. 2. Ownership and CopyrightYou acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, service-marks, logos and trade names including the name PokerHost.com contained on this website (collectively the “Con-tent”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games (as defined be-low) located on the Company website. You agree that the Content is protected by copyright law and the Company reserves all right in relation to the Content. 3. Permitted UseThe Company hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for your use of this website and the Games. You fur-ther agree that your use of the software downloaded on or through this website (the “Software”) is gov-erned by the terms and conditions of this Agreement and the Company’s End User License Agreement, which is incorporated herein by reference. For more information on the terms and conditions and the rights and restrictions attached to your use of the Software please see our End User License Agreement. You agree that in the event of a conflict between our Legal Terms and Conditions and the End User Li-cense Agreement, as they relate specifically to the use of the Software, the terms of the End User Li-cense Agreement shall prevail. 4. Restrictions on UseYou agree that you will not:
5. License to Use your InformationWith the exception of personal information which is governed by our Privacy Policy, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide, directly or indirectly, on or through this website or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above. 6. Personal Information and Privacy PolicySubject to our Privacy Policy, the Company may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose to third parties personal information about you and your use of the website and the Games and you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have in respect thereof. This Agreement incorporates by reference the terms of our Privacy Policy. You agree that in the event of a conflict between our Privacy Policy and our Legal Terms and Conditions, our Legal Terms and Conditions shall prevail. For more information on the Company’s use of registration data and certain other information we collect from you please see our Privacy Policy.com 7. No Warranties, Limitations on Liability and DisclaimersYOUR ACCESS TO OUR WEBSITE, THE CONTENT, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. OUR WEBSITE, THE CONTENT, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARAN-TEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN OUR WEBSITE, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF OUR WEBSITE, THE GAMES AND THE SOFTWARE LIES WITH YOU. IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHAT-SOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF OUR WEBSITE, THE GAMES OR THE SOFTWARE, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS OUR WEBSITE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED. This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information. THE TERMS OF THIS AGREEMENT MAY BE CHANGED, FROM TIME TO TIME BY THE COMPANY ACTING IN ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU. YOU ARE STRONGLY RECOMMENDED TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT ON A REGULAR BASIS TO STAY INFORMED OF SUCH CHANGES, IF ANY. 8. TerminationThis Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company under this Agreement, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement. 9. IndemnityYou agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, shareholders and employees, including the Company’s agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of your use or misuse of the Content or this website in any manner whatsoever, including without limitation infringement claims, participation in the Games and your entitlement to any winnings through the use of such Games. 10. Registration and the GamesTo play at www.pokerhost.com, you will need to register for an account ("Account") by choosing a unique account name and password and entering other information such as your first and last name, address, email 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 current. By registering on or through our website you will be able to access both play money games and tournaments ("Play Money Games") and real money games and tournaments ("Real Money Games"). Play Money Games and Real Money Games are collectively referred to herein as the “Games”. 11. Rules and Procedures of the GamesThe Games will be played pursuant to generally accepted poker rules and procedures as specifically set out in the Featured Games Section of our website, as well as other sections of our website and Software, including but not limited to How to Play, Table Stakes, Tournaments, and Disconnection and All-in Policy, and any other page that governs any particular event, game or tournament, all of which are specifically incorporated herein by way of reference. 12. Limited Use and Acknowledgment of RiskThe Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to play the Play Money Games and you may play the Play Money Games without betting money. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or our website to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of our website is strictly prohibited. You hereby acknowledge that that there is a real risk that you will lose your money by playing the Real Money Games and agree that the Company will not be responsible to you in any way for such loss. 13. Legality of Participation in GamesYou may only participate in the Games if you are over 18 years of age and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting to this website. You agree and acknowledge that the Company has no duty to provide you any legal advice or assurances with respect to the applicable laws governing your right to participate in the Games and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to play the Games. By playing the Games you represent and warrant to the Company that you are in compliance with applicable laws when playing the Games and have the legal right to play the Games. Participation in the Games is void for whomever and wherever prohibited by law. Residents of Australia and Singapore are not permitted to play the Games. An account opened by any resident of these countries is a breach of this Agreement and the Company will close such account subject to the terms and conditions contained in this Agreement. 14. Artificial IntelligenceWe are committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on the Company’s website. You will not use any software programs which are designed to provide you with assistance in accessing, compiling or calculating information on other users of the website or players of the Games. Additionally, you are not permitted to, and you agree not to cause any such program to access the website or any data on it and you are not permitted to access any such data and send it to any other parties. In this regard, the Company prohibits those External Player Assistance Programs (“EPA Programs”) which are designed to provide an “Unfair Advantage” to players. “EPA Programs” means computer software, other than the Software, and non-software-based databases or profiles such as websites and subscription services. “Unfair Advantage” means any instance in which a User accesses or compiles information on other player or players beyond that which you have personally observed through you’re your own use and play of the Games. You further agree not to use any robot software programs (or any other artificial intelligence software programs) designed to play the Games on the Site. You hereby grant to the Company the right to take any steps necessary to detect and prevent the use of EPA Programs prohibited under this Agreement, including but not limited to screen capture or reading the list of currently running programs on your computer or any player's computer. In the event that you are found to have breached the provisions of this Section, we shall have the right to immediately terminate your use of the Software and terminate your account without refunding to you any money that may be held by us in your account at the time of such termination. 15. No Company Employees or AffiliatesIf you are an officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or a supplier or vendor to the Company, you are not permitted to register with our website or to participate directly or indirectly in any of the Games (each an "Unauthorized Person"). Similarly, relatives of Unauthorized Persons are not permitted to register with our website or to participate directly or indirectly in any of the Games. For these purposes, the term "relative" shall mean spouse, partner, parent, child or sibling. The Company will withhold any and all winnings to be paid in favour of persons who are in breach of this provision. 16. Shared Table and Database PlatformThe Company reserves the right to run and utilize a shared table, server and database platform ("Shared Table Platform") which enables players from www.pokerhost.com to play with players coming into the games, tables and tournaments from other websites and brands to the same Shared Table Platform so that the players may be pooled into common tables regardless of which website or brand they may have entered from. In such event, you agree that you may be pooled into these common tables, at the Company's sole discretion, and to the extent that you breach the terms and conditions of one website or brand, the Company has the right to restrict you, in part or full, from accessing the entire system so that you may not play through any website or brand. You agree further that your play patterns, personal data, depositing limits and history may be calculated and shared across the system to counter fraud, over-depositing and other matters, as the Company shall decide in its sole discretion from time to time. 17. Play Money and Real Money Account FundingPlay money funds are kept separate from legal currency or money (authorized by law) and are not transferable or exchangeable within an Account. Further, play money funds have no value in and of themselves and are not transferable or redeemable for any legal currency. To play the Real Money Games, you will be required to deposit legal currency into your Account by any of the methods specified by our website, which may change from time to time in the Company's sole discretion. The Company will deposit such funds into your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum deposit limits and the method of deposit will be determined by the Company from time to time, acting in its sole discretion. The Company will pay, track and maintain all funds in United States Dollars, except as otherwise stated. The Company shall not be required to pay you any interest on any funds deposited with the Company, its agents or affiliates. 18. BonusesYou may only use complimentary or bonus amounts credited into your Account by the Company (if any) for promotional purposes, for play in the Games. You are not entitled to and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are incorporated herein by reference. Further, the Company reserves the right to reclaim any bonus amounts paid into your Account if you do not use them within the period of time specified. 19. Cash OutsYour account balance ("Account Balance") is the amount of legal money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you, and less any amounts forfeited by you or amounts reclaimed or withheld by the Company pursuant to the terms of this Agreement. Except as otherwise required by each deposit method or our security team, you may request to cash out and withdraw any or all of your Account Balance at any time and there is no requirement to play the Games in order for you to make such request. All amounts cashed out are subject to the transaction limits and processing fees as set forth at www.pokerhost.com, as determined by the Company acting in its sole discretion. Further, the Company may report and withhold any amount from winnings as required by law, and in any event, all federal, state, provincial and local taxes due in connection with any winnings awarded to you are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed out shall be made by check, wire, credit card and/or any other manner which the Company selects in its sole discretion. Payments will be made as promptly as possible, subject to any reasonable security reviews by the Company. 20. Electronic Service ProviderIn order to play the Real Money Games you will be required to financially transact with us, which entails depositing money with us and receiving money from us. The Company reserves the right to sub contract and use third party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that the Company may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail 21. Security Checks and Review and Releases.To maintain a high level of security, the Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its sole and unfettered discretion, deems necessary. If you fail to comply with any security request, the Company reserves the right to void your Account. You will be notified of such verification request by electronic mail or telephone and Account Balances will be forfeited if you fail to provide the Company with such requested documentation and information within the time period reasonably specified by the Company. Such request for documentation and information may include a sworn affidavit of identity and eligibility, release of liability in favour of the Company and publicity authorization. 22. Abandonment of Account BalanceThe Company reserves the right to cancel your Account for any reason whatsoever at any time without notice to you pursuant to the terms of this Agreement. If you do not access your Account by "logging in to your Account using your Account Name and password for a period of one hundred and eighty (180) consecutive days: (a) your Account may be closed and the entire Account Balance will be deemed abandoned and forfeited; and (b) the Company may close any account you may have with an ESP; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game, deposit funds or participate in any activity at our website other than logging in. 23. Forfeiture, Account Closure and ConfiscationThe Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Account (and any ESP account or Company related or affiliated account including any such account you may have with other websites and casinos owned or operated by the Company) in any of the following circumstances:
24. Disclosure to Third PartiesYou agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and password to another person, and such disclosure results in a third party participating in the Games using your Account Name and password, such participation shall be valid (subject to compliance with the terms of this Agreement), and you will not be refunded any resulting losses, regardless of whether such third party did or did not obtain your consent. The Company shall not be required to maintain Account Names or passwords if you misplace, forget, lose, or are otherwise unable to enter your Account for any reason other than the Company's fault. 25. Suspension, Modification, Removal and Addition of GamesThe Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, the Company will not be liable to you in any way. 26. Abusive or Offensive LanguageAbusive or offensive language is not permitted in the multi-player Games, chat areas or with Company staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the website using the chat option, player image option, or in any correspondence with the Company’s staff. Abusive or offensive language includes, but is not limited to, any player statements that are in the Company's sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of our website’s chat function. Further you agree that you shall not make any statements on or through the website which promote any website, service or product of any party except the Company. You shall not make any statements about the Company, the website or the Games that are untrue or would reasonably be considered to be derogatory or critical. 27. Illicit AdvertisingAt no time will you or any individual or organization you are affiliated with advertise third party products or websites to fellow users via our Software, chat or website without the express written permission or agreement of the Company. The Company reserves the right to suspend or indefinitely terminate accounts of players who misuse our website or chat function to make statements that advertise any product, website or service that is not endorsed by the Company. 28. Disclosure of Fraudulent Activities; Recovery of Disputed Credit Card transactionsIf, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games, our website, other players, or the Company in any way including but not limited to game manipulation 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 (and you authorize the Company) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, law enforcement departments and other appropriate agencies. The Company may close any accounts, and forfeit account balances, that you have on deposit with us or at any other Company website, casino and/or business. Further, in the event you dispute a credit card transaction made at or through our website as being unauthorized, or made in a 'card not present' environment, the Company may charge an administration; recovery fee of up to $USD 500.00 per disputed transaction if it is deemed by the Company that the transaction was authorized and legitimate. The Company may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines. 29. Collusion.You agree not to collude with other players of the Games by sharing hole cards or by any other method. We reserve the right to restrict you in any manner from playing the Games including, but not limited to, restricting seating and/or prohibiting you from playing at a particular poker table or in a tournament, including restricting two or more players from playing together at the same table or in the same tournament. In the event the Company determines that you are colluding with other players of the Games in any manner, the Company shall have the right to immediately terminate your use of the Software and website and terminate your account without refunding to you any money that may be held by us in your account of at the time of such termination. 30. Unauthorized Money Transfers.The User agrees that it will not lose a hand with the intention to transfer the User’s chips to another user of the Service. In the event the User breaches this Section, the Operator may, acting in its sole discretion, terminate the User’s account without refunding to the User any money that may be held by the Operator in the account of the User at the time of such termination. 31. Anti-Money Laundering PolicyIn order to comply with anti-money laundering laws that exist in various jurisdictions we reserve the right to report suspicious transactions to federal, state, provincial or local authorities and law enforcement agencies within those jurisdictions. In exchange for us permitting you to participate in, use and access our website and the Games you hereby grant us the right to report any transactions which we deem suspicious, as determined solely by the Company acting in its sole discretion. Examples of a suspicious transaction include but are not limited to: use of funds suspected to be derived from illegal activities; any suspected intention to conceal or disguise funds derived from illegal activities; or suspicion that the involvement of our website and the Games is in any manner intended to facilitate criminal activity. If for any reason we are of the belief or become aware of any transaction which we deem suspicious in nature, we may without prior notice or explanation to you take the following actions, which are in addition to all other rights and remedies available to us under this Agreement, at law or in equity:
TERMS AND CONDITIONS GOVERNING CREDIT CARD USE30. All credit card transactions are charged in U.S. dollars. 31. Some credit card deposits may not be charged to your card immediately. As a fraud protection measure, in certain circumstances we will only pre-authorize a charge to your card and then the settle the transaction when we are satisfied that it is a legitimate charge. Many banks also have processing delays, especially if a charge is submitted on a weekend. It is not unusual for the credit charge to appear on your credit card statement up to 10 days from the date you charge your credit card to make a deposit into your Account. 32. Making a deposit via Credit Card into your account some banks may charge an international processing fee. In this event Poker Host will not refund any extra fees charged to any credit card. Should you have any queries related to a credit card transactions first contact your bank in order to assist you with this question. 33. Details of your credit card transactions with us are displayed in the history tab of the cashier within the Poker Host Software, and are also displayed on the player ledger page under the player administration section. 34. Making a deposit into your Account will not obligate you to make a purchase or play any Games on our website. You may request a refund of your deposit at any time by sending us an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If possible, we will cancel the credit card transaction or directly refund the charged credit card, but in some cases we may not be able to do this due to credit card processing regulations. In the event that we are not able to cancel a transaction or refund your deposit directly to your credit card, we will refund you by depositing funds directly into a bank account selected by you. We may require additional verification from you in the event that we are not able to refund your deposit directly to your credit card. 35. Should you have any queries related to a credit card transaction on our website, please contact us. We are always pleased to answer your questions and assist you with this process. 36. By committing credit card fraud you are exposing yourself to liability and dire consequences. If you fraudulently dispute a transaction with the Company, we will take action against you pursuant to paragraph 28 above; and we will ascertain your whereabouts and commence legal action against you to recover all damages and costs (including our legal fees) incurred by us as result of your fraud. Please be advised that it is unlawful to dispute valid credit transactions. GENERAL CONTRACT PROVISIONS40. Settlement of Disputes You fully accept and agree that the Company's random number generator ("RNG") software will determine the outcome of the Games. Further, in the event of a discrepancy between the result showing on the Software and the Company's gaming server, the result showing on the Company's gaming server shall be the official and governing result of the Game. Moreover, you understand and agree that our Website and Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting therefrom and the circumstances in which they occurred. 41. Notices If you have any dispute with regard to any outcome in the Games or other activity on our website, you must submit your complaint to the Company in writing within fourteen (14) days of the incident in dispute by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 42. Governing Law This Agreement shall be governed by and construed in accordance with the laws of both the Kahnawake Mohawk Territory, Canada, and the Republic of Malta without giving effect to conflicts of law principles. Your declared country of residence will determine which of these jurisdictions takes precedence in regard to your use of the Software and Service\s covered by this Agreement. The parties submit to the exclusive jurisdiction of either the Kahnawake Mohawk Territory, Canada, or the Republic of Malta for the settlement of any disputes arising out of or concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 43. Entire Agreement, Modification and Amendments You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. The Company reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted on our website. It is your sole responsibility to review this Agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements, representations or statements made by the Company. 44. English Language We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. 45. Interpretation The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in United States dollars. 46. Enurement This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement. PLEASE PRINT A COPY OF THE TERMS OF THE AGREEMENT FOR YOUR REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES. Copyright © 2006 PokerHost.com. All rights reserved. . PokerHost.com can be contacted by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it PRIVACY POLICYAt PokerHost.com, we respect your privacy and are committed to protecting your personal information. We have created this Privacy Policy to let you know what information we collect when you visit the Pokerhost.com website, participate in the Games on our website and make use of our online service (collectively, the "Service"), why we collect this information and how we use the collected information. By using the Service, you consent to the data practices prescribed in this Privacy Policy. We may periodically make changes to this Privacy Policy by posting such changes on this page without notice to you. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. This Privacy Policy is governed by our Legal Terms and Conditions posted at Error! Hyperlink reference not valid. This Privacy Policy does not govern other websites maintained by us. You agree that in the event of a conflict between this Privacy Policy and our Legal Terms and Conditions, our Legal Terms and Conditions shall prevail. Please see our Legal Terms and Conditions, our Terms and Conditions for further information. The terms “we”, “us”, “our” and the Company shall mean Poker Host and the term “you” shall mean you, being the user of the Service. The capitalized words and phrases used herein shall have the meaning ascribed to them in our Legal Terms and Conditions unless otherwise defined herein or the context otherwise requires. 1. Information CollectedWe consider information that may be used to identify an individual, including, but not limited to, first and last name, credit card information, home or other physical address, email address, phone number or other contact information to be "Personal Information." You may be asked to provide Personal Information when you use our website, register for an account or to use our services, download our Software, correspond with us by email, or provide us with feedback regarding this website or our products and services. The Personal Information that we collect may include: contact information, shipping information, billing information, transaction history, website usage preferences, and feedback regarding our products and services. In addition, when you interact with the Service, our servers keep an activity log unique to you that collects the information including: source IP address, time of access, date of access, web page(s) visited, language use, and type of browser used. This is not considered Personal Information. In general, you can visit our website without telling us who you are and without revealing any Personal Information about yourself. We do not collect Personal Information about you on the Service unless you voluntarily provide it to us. 2. Means of Collecting & Processing DataWe may automatically collect certain data as discussed above and receive Personal Information about you where you provide such information through the Service or other communications and interactions with Poker Host. We may also receive Personal Information from online vendors and service providers that refer you to the Poker Host website. In addition, we may engage the services of third-party service providers to provide technical support, process your online transactions and maintain your online accounts. We will have access to any information you provide to such vendors, service providers and third-party e-commerce services so that we can process your transactions, maintain your accounts, meet certain business requirements and provide you with promotional offers and information regarding Poker Host and our products and services. We use this Personal Information to process your transactions and support your use of the Service. Subject to our Legal Terms and Conditions and paragraphs 3 and 4 below, this information may be disclosed only to our staff and to third parties involved in the completion of your transactions or in support of your use of the Service. 3. Information UseWe use your Personal Information to deliver the products and services you purchase, and to provide customer support, to process any of your online transactions, to answer your questions, and for any other purpose related to the operation of the Service and the programs, products and services offered on the PokerHost.com website. Your Personal Information may also be shared with our affiliates, subsidiaries or agents for technical support and to process transactions you initiate on the Service and deliver the products and services you purchase. From time-to-time, we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary, and, therefore, you may choose not to disclose such information. Information requested may include contact information (such as name and shipping address), and demographic information (such as your zip code or postal code, your age or approximate age). By accepting any contest prize or winnings from us, you hereby authorize us and consent to our use of your name and likeness for advertising and promotional purposes without any additional compensation to you, except where prohibited by law. Unless you have elected not to receive promotional information, we may also use your Personal Information (including your email address) to provide you with information regarding our products, services and promotions. Personal Information as well as any other information collected on the Service may be disclosed to our staff, affiliates and/or agents so that they can contact you regarding our products, services, or promotional offers, respond to your requests, provide certain services to you and operate the Service. We will not sell, lease or share your Personal Information except as set forth in this Privacy Policy and our Legal Terms and Conditions, as applicable. 4. Certain Excluded DisclosuresWe may disclose your Personal Information as set out in our Legal Terms and Conditions, if requested to do so by legal authorities or required to do so by law, or if we believe in good faith that such action is necessary to: (1) conform to applicable laws or to comply with any legal process served on us, the Poker Host website or the Service; (2) protect and defend our rights or property; or (3) act to protect the personal safety of users of the Service or the public. If we should ever file for bankruptcy or be acquired by a third party, merge with a third party, sell all or part of our assets, or otherwise transfer substantially all of our assets to a third party, you hereby agree and consent to any sale, transfer or assignment by us to such third party of your Personal Information and all other information you have provided to us through the Service. 5. AccessIf you are interested in confirming the accuracy of the Personal Information we have collected about you, or if you would like to update your Personal Information or delete your Personal Information, you may contact us at any time by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you have any concerns regarding our use of your Personal Information, you may contact our customer service by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You may choose not to receive promotional communications from us by selecting such option on the Poker Host website or the Service or in an email you receive from us, or at any time by sending us an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 6.CookiesCookies are small text files that are stored on your computer when you visit certain web pages that record your preferences. We use cookies to track your use of the Poker Host website. We also may use cookies to improve the Service and make it easier for you to use. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but if you prefer you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Poker Host website and the Service. 7. Consent to Use of Anti-Cheating Software.Our Software package used to access and use the PokerHost.com service ("Service") contains certain features designed to detect use of automated programs that enable artificial (non-human) intelligence to play on our site. Use of such "bot" software programs violates our Legal Terms and Conditions, and is detrimental to other players. By installing our Software and using the Service, you consent to our Software performing the functions described in this section. Our Software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a "cheat free" environment for all users: (1) scan your list of active software applications while you are using the Service; (2) scan your list of active processes while you are using the Service; and (3) scan the files in your Poker Host-related program folders to ensure that only "non-hacked" versions of our Software are being used. If any of the foregoing processes reveals a suspect application or process, our Software may: (1) scan the files associated with the suspect application or process and compile a composite mesh (i.e. a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs; and (2) capture a screenshot of your desktop and transmit these to Pokerhost.com for review. Our Software will not perform any random search of large portions of your hard drive or other files, and will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated program as described above. Our Software will not alter any files or information on your computer and will not interfere with the operation of any of your applications. You may terminate use of our Software at any time by uninstalling the Pokerhost.com Software package. 8. SecurityWe understand the importance of information security and the methods required to secure information. We store all of the Personal Information we receive directly from you in a password-protected database residing within our secure network behind active state-of-the-art firewall software. The Pokerhost.com website and the Service support SSL Version 3 with 128 bit encryption. 9. Protection of ChildrenThe Service is not intended for or directed to persons under the age of 18. Any person who provides their information to us through any part of the Service represents to us that they are 18 years of age or older. It is our policy to endorse the Children's Online Privacy Protection Act of 1998 (US) and to use our best efforts to comply with this Act. 10. International TransfersPersonal Information collected on the Service may be stored and processed in any country in which we or our affiliates, subsidiaries, suppliers, contractors or agents maintain facilities, and by using the Service, you consent to any transfer of information outside of your country. 11. Third-Party PracticesWe cannot ensure the protection of any information or images that you provide to a third-party website that links to or from the Poker Host website or any information collected by any third party administering our affiliate program or any other program, since these third-party websites are owned and operated independent of us. Any information collected by these third parties is not governed by this Privacy Policy but by the privacy policy, if any, of such third party. If you have questions about a third party's information practices, please read its privacy policy, if any. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such websites. 12. Legal DisclaimerThe Service operates "AS-IS" and "AS-AVAILABLE," without liability of any kind. We are not responsible for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that there will be error-free performance regarding the privacy of your Personal Information, and we will not be liable for any indirect, incidental, consequential or punitive damages relating to the use or release of your Personal Information. 13. Consent to Privacy StatementBy using the Service, you agree to this Privacy Policy. This is our entire and exclusive Privacy Statement and it supersedes any earlier version. Your continued use of the Service constitutes your agreement to this Privacy Policy, as may be amended from time to time. Copyright © 2006 PokerHost.com. All rights reserved. Poker Host can be contacted by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 14. TransfersAll Poker Host transfers are reviewed by our Risk and Fraud Department to review all table activity in order to avoid any type of FRAUD. Player To Player Transfer:The Minimum is $5 and the Maximum is $250 per transfer. Only 2 transfers are allowed per day and $500 per week. The transfer cannot be for more than half of the available account balance .ALL transfers are consider a payout therefore the all pay out restrictions will apply, an initial deposit its require before any P2P transfers can be approved. *Restrictions apply In order to avoid any money laundry activity. All players are require to clear each $1 given with 75 loyalty points before cashing out such funds. |
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