Terms of Service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

THE WEBSITE IS NOT A GAMBLING WEBSITE AND DOES NOT PERMIT USERS TO WAGER OR STAKE REAL MONEY OR ANY OTHER ITEM(S) OF VALUE.

ANY REFERENCE ON THE WEBSITE TO 'BODOG POINTS', 'DOLLARS', 'EUROS', 'CHITS', 'TOKENS', 'CHIPS' OR SIMILAR ARE STRICTLY REFERENTIAL AND ANY SUCH DENOMINATION ATTRIBUTED OR ASSIGNED TO A USER'S "ACCOUNT" CANNOT BE EXCHANGED FOR ANYTHING OF VALUE AT ANY TIME. ANY REFERENCE TO 'POTS', 'LIMITS', 'BETS', 'STAKES', 'PICKS' OR THE LIKE ARE SOLELY FOR ENTERTAINMENT OR INSTRUCTIONAL PURPOSES AND DO NOT INVOLVE THE WAGERING OF REAL MONEY OR OTHER ITEMS OF VALUE.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the Website and the services and Activities (as defined below) available on the Website (collectively, the "Services"), whether as a guest or a registered user.

Your access and/or use of the Website constitutes your explicit consent to be bound by these Terms and these Terms form a valid and binding contract between you and Bodog.net.

1. APPLICATION AND ACCEPTANCE

1.1. Unless otherwise agreed in writing, these Terms apply to your access to and use of the Website and the Services.

1.2. You may not access or use the Website or the Services if you do not accept the Terms. If you do not agree to these Terms of use, please leave the Website immediately. Acceptance of these Terms entails your deemed acceptance of the following, which are hereby incorporated by reference, as may be updated from time to time in our sole discretion:

(a) The Privacy Policy;

(b) Particular supplementary terms applicable to individual games, contests, or any other activity on the Website ("Activities").

1.3. The Website, along with any of the Activities and services are open to residents of Canada with the exception of those residing in the province of Quebec.

1.4. You must be considered of legal age in your province of residence to access the Website. If you are not of legal age or do not have the capacity to form a binding contract, you may not access the website or any of its services and may not accept its Terms.

1.5. You are subject to all laws of the jurisdiction in which you reside and from which you access the Website (the "Applicable Laws"). You expressly acknowledge and agree that you and are solely responsible for obeying and complying with all Applicable Laws, and that neither the Website nor its operator(s) shall be liable if such laws restrict or prohibit your use of any or all Services (including your participation in any Activities). If you are precluded from accessing the Website or otherwise restricted from accessing or participating in the Services by the Applicable Laws, you are not authorized to access the Website or register an Account. We make no representation or warranty, implicit or explicit, as to your legal right to use the Services (including the right to participate in any Activity), nor does any person affiliated (or claiming affiliation) with the Website have authority to make any such representation or warranty.

1.6. We reserve the right to monitor the geographic location from which you access the Website and to block or limit access from any jurisdiction at any time and in our sole and absolute discretion. In the event that such limitations or blocks are implemented, you expressly acknowledge and agree not to attempt to circumvent or defeat any procedural or technical measures implemented in order to enforce such limitation (including, without limitation, attempting to access the Website through a proxy).

1.7. These Terms apply to:

(a) the content, materials, information, documents, graphics and images made available on or from the Website ("Content");

(b) any casino, poker, simulated wagering or other games that you may play on the Website, and any contest, promotion or tournament in which you may participate through the Website ("Activities");

(c) any content, materials, information or documents that you may upload (including any comments that you send or post) on the Website ("Postings"); and

(d) the software that you may need to download in order to access any Services ("Software").

1.8. Without limiting the generality of the foregoing, these Terms apply to all Activities, and may be supplemented by additional terms and conditions applicable to specific Activities, as may be posted or presented on the Website from time to time.

1.9. The Terms shall be deemed accepted by you upon the earlier of your: (i) access the Website or the Services; or (ii) clicking to accept or acknowledging agreement with these Terms when this option is made available to you in the course of accessing or registering for the Services or any particular Activity.

1.10. We may make changes to the Terms from time to time, and will make a new copy of the Terms available at this link. You understand and agree that you are responsible for checking this link to determine whether the Terms have been updated and, in any event, that if you access the Website or use the Services after the date on which the Terms have changed, you agree that you shall be deemed to have affirmatively accepted the updated Terms. When we post changes to the Terms, the "Latest Update" date at the top of Terms will be updated.

2. REGISTRATION AND ACCOUNT CREATION

2.1. You must register an account with us ("Account") before you can download any Software, or participate in any Activities. You must be over the age of majority in your jurisdiction, province or territory of residence in order to register an Account.

2.2. You are permitted to open only one (1) Account. Only one account is allowed per shared computer.

2.3. Upon Account registration, you are required to submit a valid email address and a password. To participate in Activities, you will be required to create one or more user IDs, and by registering an Account, you expressly agree that the Website may display your ID(s) and any records relating to any Activities in which you participate through the Website. You represent and warrant that all information you supply to the Website is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your Account and forfeiture of any Prize(s) to which you would otherwise be entitled.

2.4. We reserve the right to suspend, disable or terminate your Account at any time in our sole discretion. All decisions regarding the opening, maintenance and closing of Accounts rests with us and any decisions we take regarding any aspect of the Software, your participation in or the playing of the Activities or any aspect of an Account is final.

2.5. You may be permitted to select a User ID(s) or "handle(s)" to be associated with your Account or to be associated with particular Activities, and whiuch may be visible to other users of the Website. We reserve the right in our sole and absolute discretion to deny or disallow any use or continued use of any User ID if, in our judgement, it is obscene, indecent, or offensive, or has the potential to be perceived as offensive by other users.

3. USE OF THE WEBSITE AND SERVICES

3.1. The Website and the Services are intended solely for recreational, instructional and entertainment purposes.

3.2. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice (including, without limitation, any Activity or Activities). The Website is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the Website or Services may change from time to time without prior notice and we may cease providing the Services (or any specific Activity or feature(s) within the Services) to you or to users generally at our sole discretion, without prior notice to you. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason the Website is unavailable at any time or for any period. We may terminate your Account, delete any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website or Service (or any portion, aspect or feature of the Service) for any reason, at any time in our sole discretion.

3.3. Subject to these Terms, you are responsible for making all technical or other arrangements necessary for you to have access to the Website. We are not responsible or liable in any way for any Internet disruptions or disconnections, and all risk and responsibility rests with you.

4. INTEGRITY OF ACTIVITIES

4.1. Use by players of external player assistance programs ("EPA Programs") which are designed to provide users with an unfair advantage over their opponents are expressly prohibited. We define EPA Programs as including computer software and non-software-based databases or profiles (e.g., web sites and subscription services) and we consider access to or the ability to gather data or information on other players by any means that would not be accessible via their own first-hand experience (i.e. observation of game play) to be "unfair". We reserve the right to close Accounts if we suspect, in our reasonable discretion, the use of an EPA Program.

4.2. All actions on the Website must be executed directly by humans via the supplied user interface. We may take any measures we deem necessary to ensure that all robot software or programs designed to simulate real player play will be detected and prevented from accessing the Website. Any Account(s) suspected of activity may be terminated in our sole and absolute discretion.

4.3. Any users who gain, or attempt to gain an advantage by trading information about their cards, or attempt to take any unfair advantage by colluding with other Website participants will have their Account terminated and be permanently banned from the Website. Collusion includes, without limitation: sharing information about their cards, discussing a hand during play (either in client chat or externally), multiple players using a single Account, "soft" playing and chip transferring.

4.4. We reserve the right to limit the ability of users to participate in Activities at the same poker table or tournament. Poker "chat", if available, may be conducted in English only and players using any language in chat other than English may have their chat privileges disabled, either temporarily or permanently in our sole and absolute discretion. Users may not discuss a poker hand until the hand is completed. Discussing cards discarded or hand possibilities, real or not, is not prohibited. Note that inappropriate, hateful, or offensive language and behaviour will not be tolerated, whether it concerns other players or poker room staff.

4.5. If, in our reasonable discretion, we determine that an Account sought to or actually did exploit any hardware or software error, malfunction, "bug" or other vulnerability, we shall immediately close such Account.

5. EXPRESS ACKNOWLEDGEMENTS

BY ACCESSING AND/OR BY USING THE WEBSITE AND/OR THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

5.1. YOU HAVE VOLUNTARILY SOUGHT OUT AND ESTABLISHED CONTACT WITH THE WEBSITE;

5.2. FOR THE PURPOSES OF ANY INTERACTIONS WITH THE WEBSITE, YOU ARE DEEMED TO HAVE ATTENDED TO THE NATION OF ANTIGUA AND BARBUDA;

5.3. ANY INTERACTIONS CONDUCTED WITH YOU THROUGH THE WEBSITE, INCLUDING YOUR PARTICIPATION IN ANY ACTIVITIES, SHALL BE DEEMED TO TAKE PLACE IN THE ANTIGUA AND BARBUDA AND SHALL AT ALL TIMES BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, AND SHALL BE GOVERNED EXCLUSIVELY BY, THE LAWS APPLICABLE WITHIN THE ANTIGUA AND BARBUDA WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS;

5.4. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING AND ENSURING YOUR COMPLIANCE WITH ANY LOCAL PROHIBITIONS AND/OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR ACTIVITIES ON THE WEBSITE, INCLUDING THOSE OF YOUR COUNTRY OR JURISDICTION OF RESIDENCE; AND

5.5. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL APPLICABLE TAXES IN THE EVENT THAT YOU WIN ANY PRIZE OR PRIZES AS A CONSEQUENCE OF ACTIVITIES ON THE WEBSITE.

6. LICENCES

6.1. You are hereby granted the following non-transferrable, revocable licences ("Licences"):

(a) a licence to view, use, print and download Content from the Website for your private personal use only;

(b) a licence to upload Postings to the Website for your private personal use only;

(c) a licence to download, install and use the Software and to play and participate in the Activities for your private personal use only.

6.2. You acknowledge and agree that:

(a) none of the Licences are exclusive to you and you may not transfer your rights under any of them to any one else;

(b) we may revoke or terminate any or all of the Licences and any of your rights under any of them at any time and for any reason;

(c) upon termination of any of the Licences you must immediately cease participating in Activities; delete the Software; remove any Postings; and destroy all Content that you have printed or downloaded.

6.3. Any rights not expressly granted in these Terms of use are reserved.

7. YOUR OBLIGATIONS

Except as expressly set out in these Terms of use or as otherwise may be permitted by applicable laws, you undertake as follows:

7.1. not to copy or reproduce the Content or Software in any way or for any reason except with our prior written permission or where such copying or reproduction is incidental to normal use of the Content or Software and consistent with the terms of the relevant Licence;

7.2. not to make alterations to, or modifications of, or create derivative works using the whole or any part of the Content or the Software, nor to permit the Content or Software or any part of them to be combined with, or become incorporated in, any other content or software;

7.3. not to copy, reproduce, store or include any of the Content or Software in or on any other website or public or private electronic retrieval system or service other than with our prior written consent;

7.4. to the extent that you have printed or downloaded any Content in accordance with these terms of use you agree: not to use any of the illustrations, photographs, images, video or audio sequences or any graphics separately from any accompanying text; and to ensure that our copyright and trade mark notices and any legends, displays and designations in connection therewith appear in all copies and reproductions;

7.5. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;

7.6. not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing;

7.7. not to provide or otherwise make available the Software (in whole or in part and including but not limited to program listings, object and source program listings, and/or object code and/or source code);

7.8. not to use any of the Content or Software for commercial purposes without obtaining a licence to do so from us and/or our licensors; and

7.9. to immediately notify us here, if you suspect that the Content, Software or any Postings infringe the intellectual property rights of any other person.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. You acknowledge that we are the owner or licensee of all Intellectual Property Rights in the Website, the Content and the Software. Those works are protected by intellectual laws and treaties around the world. All such rights are reserved. For the purposes of these Terms, "Intellectual Property Rights" means patent rights (including patent applications and disclosures), copyrights (including copyright applications), trade secrets, moral rights, know-how and any other similar rights or intangible assets recognized under any law(s) or international convention(s) in any country or jurisdiction in the world where such rights accrue.

8.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.

8.3. You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

8.4. The integrity of the Software is protected by technical protection measures ("TPM") so that the intellectual property rights, including copyright, in the Software is not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.

8.5. We reserve the right to remove any or all of the Content or Software from the Website (in particular but without limitation if we suspect that they infringe another person's intellectual property rights).

8.6. Subject to these Terms, you shall acquire no rights whatsoever in and/or to the Website, the Content, the Services, or the Software. You may not (and you may not permit or enable anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.

8.7. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed, contained within, or displayed upon the Website, the Software, or the Services. Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any Bodog trade names, trade marks, service marks, logos, domain names, and/or any other distinctive brand features. Unless you have been expressly authorized to do so in writing by us, you expressly agree that you will not use any Bodog trade mark, service mark, trade name, logo or distinctive brand feature in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. OUR LIABILITY

9.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE WEBSITE AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY WHATSOEVER. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES AND AFFILIATES, AND SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE WEBSITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9.3. Without limiting any other provision hereof, you understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you access the Website and use the Services at your own risk.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

10.1. We process information about you in accordance with these Terms and our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

10.2. By accepting any Prize, to the maximum extent permitted by law, you grant to us and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and licence to use your name and digital and / or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. You hereby release and hold harmless us and our associates, service providers, licensors, licensees, affiliates, successors and assigns from any and all claims, causes of action, remedies and / or damages arising our of the use of your rights in accordance with this clause.

 

11. UPLOADING OF POSTINGS

11.1. Whenever you make use of a feature that allows you to make or upload Postings or other material to the Website, or to make contact with other users of the Website, you must comply with the content standards set and communicated by us from time to time. You warrant that any such contribution does and shall comply with those standards, and you indemnify us for any breach of that warranty.

11.2. Any Posting or other material that you make or upload to the Website will be considered non-confidential and non-proprietary, and you hereby grant us a non-exclusive irrevocable, worldwide right and licence to use, copy, distribute and disclose or license to third parties any such material for any purpose in perpetuity. You represent and warrant to us that you are the legal owner of or all content and materials submitted to us or uploaded for use on the Website as a Posting and that you are entitled to and / or have obtained all necessary consents, permissions and authorities to grant us the licence under this clause.

11.3. We will not be responsible or liable to any third party, for the content or accuracy of any Posting or other materials made or uploaded by you or any other user of the Website.

11.4. We have the right to remove any Posting or other material you make or upload on the Website in our sole and absolute discretion.

11.5. You are prohibited from making or uploading any Posting or other materials on the Website and from transmitting or distributing to, from, or on the Website any Posting or Content:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, threatening, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, anywhere in the world, including, without limitation, Intellectual Property Rights; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

(e) which contains any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation;

11.6. You may not make or upload any Posting or other materials on the Website anonymously.

11.7. We do not warrant that we have reviewed or will monitor content, materials, information, documents, advertisements, graphics and images (including without limitation any messages, data, information, text, or links) made available to or uploaded on the Website by other persons, and we reserve the right to delete any of it at any time, for any reason. We expressly disclaim all liability therefor.

12. VIRUSES, HACKING AND OTHER OFFENCES

12.1. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

12.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

12.3. You may not:

(a) use robot software, EPAs or any other program designed to simulate game play or to give you or allow you to gain an unfair advantage over other users of the Website. We will take any measures necessary to ensure that any such software or programs are detected;

(b) attempt to discuss any aspect of a poker or other card hand during participation in any Activity;

(c) trade any information about any cards handed to you during an Activity; or

(d) in any way engage in any syndicated play or otherwise collude with other users of the Website.

12.4. We carry out continuous monitoring and undertake rigorous examination of play by both manual and automated means in order to detect such behaviour and any players who violate this will be banned from using the Website for life.

 

13. CONTESTS, GAMES AND OTHER ACTIVITIES

13.1. Some Activities may enable participants to be eligible to win prizes ("Prize(s)").

13.2. All Activities shall be governed by these Terms and Conditions, in addition to any supplementary rules made available in relation to any specific Activity referenced above. Such supplementary rules shall be made available in the corresponding "Rules" section of the Website, and/or shall be made available at the time you may sign up or register for any given Activity.

13.3. Potential Prize winners will be required by us to provide such additional information or confirmation (which may entail production of documentation or the execution of additional, confirming documentation) to confirm such potential winner's identity and eligibility to participate in the Activity or receive the Prize(s), any compliance with these Terms and any supplemental terms applicable to the specific Activity.

13.4. Potential prize winners may be required to execute a release prior as a condition of being confirmed as winner and becoming eligible to receive a prize. Potential prize winners will also will be required to answer a skill-testing question prior to being confirmed as a winner and becoming eligible to receive a prize.

13.5. In the event of dispute as to the identity or eligibility of a potential winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address provided for the applicable Account. The "Authorized Account Holder" is the person to whom the applicable Internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address.

13.6. The total amount or value of Prizes that potential winners are eligible to win by participating in an individual Activity may be restricted. The supplementary rules made available in relation to any specific Activity referenced above shall specify any restrictions on Prize eligibility and redemption.

13.7. The results and declaration of winners or potential winners in relation to any Activity shall be determined by us, and by participating in any Activites, you expressly acknowledge and agree that any and all such determinations are binding and final.

13.8. Without limiting any other provision of these Terms, upon acceptance of a Prize, such winner hereby acknowledges and agrees that the Website and its operator(s), and their parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively, the "Releasees") are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize, or participation in any Activity, or any Activity- or Prize-related actions. Winners shall indemnify, defend and hold harmless the Releasees from and against any and all claims, suits, proceedings, damages, costs, liabilities and expenses arising from or related to the winner's participation in the Activity or acceptance or use of Prizes.

13.9. Declared winners grant (and agree to confirm that grant in writing) permission to us and those acting under our authority the perpetual, worldwide, sublicensable right to the use of his/her name, picture, likeness, voice, video, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval and without additional compensation.

14. LINKING TO AND FROM THE WEBSITE

14.1. You may link to our home page with our permission, which you can request here, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This permission may be revoked by us at any time.

14.2. You must not establish a link from any website that is not owned by you.

14.3. The Website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards we establish from time to time.

14.4. If you wish to make any use of material on the Website other than that set out above, please submit your request here.

14.5. The Website may include hyperlinks to other web sites or content or resources. We have no control over any web sites or resources which are provided by companies or persons. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that we shall not be liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. We encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

15. GENERAL and MISCELLANEOUS

15.1. These Terms of Service shall be governed by the internal substantive laws of the nation of Antigua and Barbuda, without respect to its conflict of laws principles.

15.2. Any claim, dispute or controversy arising out of or in connection with or relating to these Terms, the Website, and/or any Services (including any Activities) shall be submitted to arbitration by the Arbitration and Mediation Institute of Antigua and Barbuda under the commercial rules then in effect for such Association, except as may be otherwise expressly provided herein. All proceedings shall be held and a transcribed record prepared in English. Each party shall choose one arbitrator within thirty (30) days of receipt of notice of the intent to arbitrate. Within fifteen (15) days of receipt of the notice of the intent to arbitrate the two (2) arbitrators shall choose a neutral third party arbitrator who shall act as chairman. If no arbitrator is appointed within the times herein provided or any extension of time that is mutually agreed upon, the Association shall make such appointment within fifteen (15) days of such failure. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction hereunder; provided however, that nothing in this clause shall be deemed as preventing us from seeking relief from the courts as necessary to protect our proprietary information (including, without limitation, the Software and the Content), trade secrets, know how or any other appropriate provisional or equitable remedy. The award of the arbitrator will be final and binding upon the parties without appeal or review.

15.3. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

15.4. These Terms and Conditions, in conjunction with any other documents incorporated by reference herein and any supplementary terms applicable to any Activities, constitute the entire agreement between you and the Website and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Website, provided however that nothing in this subsection will prevent us from modifying the terms of these Terms and posting such modifications on the Website, as provided for above.

15.5. If you have any complaints or concerns arising from your use of the Website, including any concerns about material which appears on the Website, please in the first instance contact us here.