IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO Poker X SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 15 (Agreement to Arbitrate and Class Action Waiver).
Poker X’s mission is to drive the development of poker, a competitive sports game, to a brand-new level with our advanced technology and marketing strengths. We are capable of millions of poker lovers with unique and reliable poker service on mobile end.
Please read these Terms of Service and our Privacy Policy before using Poker X’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our Services.
Our Privacy Policy describes how we collect, store, use, and disclose your personal information when providing our Services to you, and your rights and choices concerning your information. When you use our Services, you acknowledge that our Privacy Policy applies. If you do not want Poker X to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.
“Account” means an account you create when you access the Services.
“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.
“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Poker X may offer from time to time to certain eligible players.
“Services” means our games, products, services, content, pokerx.ca, and/or other domains or websites operated by Poker X.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.
“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.
We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Community Rules, or Feature Terms at any time by posting the amended Terms, Community Rules, or Feature Terms on our sites or within the Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Community Rules, and Feature Terms, and any other policies, codes, or rules will be accessible at www.pokerx.ca or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.
You can’t make changes to the Terms, Community Rules, or Feature Terms unless both you and Poker X sign a written amendment.
If you have a dispute with Poker X, the version of the Terms, Community Rules, and Feature Terms in effect at the time Poker X received actual notice of the dispute will apply to such dispute.
If the Terms or our Privacy Policy have any provisions or information that conflict with other Poker X terms or policies, these Terms and the Privacy Policy as applicable shall govern.
In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Poker X’s Privacy Policy.
You agree to supply Poker X with accurate, complete, and up-to-date information, particularly your email address.
You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.
Who can use our Services
We are excited to have you start playing our games, but there are some limits on who can use our Services.
You may not use our Services if:
• You cannot enter into a binding contract with Poker X.
• You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to Poker X (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a Poker X Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Service. (As described in our Privacy Policy, in those instances, we will either provide a version of that Service that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)
• You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
• You are a convicted sex offender.
• You have previously been banned from playing any Poker X game or using any Poker X Service, unless Poker X has reversed that ban, in its sole discretion.
If you are under the age of 18, or under the age of majority where you are located, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
Additional Important Rules and Terms
If you use our Services, you must follow the Poker X Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, such as Facebook, or download the Services from Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.
Accessing our Services
To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play Poker X’s Games.
We provide the games and other Services. You provide the equipment (phone, or tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.
Service Changes and Limitations
Our Services are evolving and we may require that you accept updates to the Services as well as to the Terms, Community Rules, Feature Rules, and the Poker X Privacy Policy. From time to time we may make you update the game or your software to continue to use our Services. We may perform these updates remotely, including to Poker X software residing on your mobile device, without notifying you.
Poker X reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily and without having to provide any reasons therefor, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Poker X is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.
Poker X MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND Poker X IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.
Deleting your Account
You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.
Lawful Jurisdiction
You are solely responsible for knowing the lawful status of online gambling, or any other activity associated with our Services, that may be deemed to be unlawful in your country. For example: In Australia, the Interactive Gambling Act 2001 (Cth) (“IGA”) provides that prohibited interactive gambling services must not be provided to customers in Australia. Accordingly, unlicensed online casino gambling is illegal, and you may not use our Services as a “real world” money gambling means.
It is your sole responsibility to ensure that your country allows your use of our Services under its laws. We accept no responsibility or liability for any adverse action, or loss of any kind, that is associated with your unlawful utilisation of our Services within a disallowed jurisdiction. Should you engage in any unauthorised use of our Services such as by using it for “real-world” money gambling, you shall indemnify Poker X against any liability arising from your unauthorised actions. Poker X shall in that event be entitled to take any further action against you (including undertaking an investigation as per Section 6) for such unauthorised use of our Services, including the suspension or termination of your access to our Services.
Games and Services
The Services are comprised of works that are owned or licensed by Poker X, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that Poker X will have no liability to you for any damage or loss arising from unauthorized uses.
If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of Poker X’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY Poker X GAME, IS A BREACH OF Poker X POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Your Account and Virtual Items
Regardless of any other statement in these Terms, the Community Rules, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by Poker X. Poker X gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
In addition, if you are located in a jurisdiction where online gambling is unlawful, you may be in breach of that jurisdiction’s gambling laws by using our Services to gamble and convert the Virtual Items of that gambling to “real world” money. This conduct is unlawful in Australia for example. Our Services have been solely designed for the use of users and clubs to engage in social gaming that does not involve the use of “real world” money. The Services are expressly not licensed to operate outside of a closed economy of Virtual Items. The Virtual Items used within our Services are in no way intended to be transferable, convertible, comparable, or used in place of “real world” money. We do not condone any secondary market between clubs and/or users that seeks to act as an intermediary for the conversion of our Virtual Items to “real world” money, in any fashion, directly, indirectly or otherwise, shall not be held responsible for any consequences arising from the operation of such secondary market.
User Content
If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
1. accurate;
2. not confidential;
3. not in violation of law;
4. not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
5. free of viruses, adware, spyware, worms, or other malicious code;
6. in compliance with our Community Rules.
Your User Content will be processed by Poker X in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.
Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give Poker X a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).
We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
Poker X’s license to your User Content ends when you request deletion of your Account by submitting a request through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:
1. User Content submitted in response to Poker X promotions, which will be subject to any Feature Terms or other terms of the promotion;
2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
3. User Content subject to a separate license with Poker X, which will be subject to the terms of such license.
If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. Poker X IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
We are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. However, if someone is violating these Terms or misusing the Services, please let us know by using the “Report Abuse” link provided in the Services or contacting us at Customer Support.
We have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with Poker X or other player when you are using the Services (including without limitation your communications through in-game text or video chat). For more information, see our Privacy Policy. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content. If we determine that your communications or User Content violate these Terms, Feature Terms, or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.
In jurisdictions where online gambling is deemed unlawful and we are of the reasonable belief that you may be engaging in “real world” money gambling, then we may investigate your use of our Services at our sole discretion and without prior notice to you.
An investigation may include, but will not be limited to the following actions;
1. monitoring and/or keeping record of the volume of transactions that pass through our Services;
2. monitoring and/or keeping record of known associates within any club that uses our Services;
3. requesting information, explanation, or detail about any observed conduct that we consider may be useful in ascertaining any club or user activity taken within our Services; and
4. referring any collected information to the appropriate authority where such investigation yields information or evidence that may reasonably indicate a breach of the gambling laws of that jurisdiction. For example, in Australia, information may be passed on to the Australian Communications and Media Authority (“ACMA”), Australian Transactions Reports and Analysis Centre (“AUSTRAC”) or other relevant authority.
You agree to cooperate with any request, correspondence, show cause letter, or otherwise that may arise as a consequence of our investigation into your conduct. You shall additionally indemnify us from any and all direct, indirect, incidental and consequential loss or damage, resulting from your use of our Services.
Where you do not comply with any request or Term of this agreement, we reserve our right to suspend your access to our Services until such time as we have received a satisfactory response from you. Alternatively, where we have formed the view that any action, conduct or otherwise is in breach of these Terms or any statute governing such action or conduct, we reserve the right, at our sole discretion, to immediately terminate your access to our Services without prior notice to you.
Where we receive a complaint that any party is using “real world” money within our Services, we reserve our right to act on that complaint at our discretion, including by terminating or suspending any account that is alleged or suspected to be associated with “real world” money gambling.
You agree that we may, provide the results or associated evidence gained from any investigation to a third-party law enforcement body if requested by that authority and/or where we deem it necessary or desirable to do so.
You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire.
If you have a dispute with another player, you release Poker X, the Poker X Corporate Family, and all Poker X Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis Poker X is as set forth by the law applicable in the country where you reside.
If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that Poker X does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
Where a dealing with another player results in a complaint, notification or otherwise that involves the use or alleged use of “real world” money, we reserve our right to take any further action (including undertaking an investigation as per Section 6) in relation to such complaint or notification.
We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.
You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Apple or Google).
When you purchase Virtual Items in our games on platforms such as Apple or Google, Poker X is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Apple or Google.
For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT Poker X IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH PLATFORM SUCH AS APPLE, GOOGLE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Poker X may revise the pricing for the goods and services it licenses to you through the Services at any time.
For any customer assistance (i.e. technical issues, game play, or in-game purchasing questions), you may contact us through Customer Support.
From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.
In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.
Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.
Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.
We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
Further, we do not in any way endorse “real world” money based third party advertisements. Any advertisement that either expressly or by implication, alludes to the use of “real world” money with our Services is prohibited. We will never endorse or agree to a third party using our Services for “real world” money advertising, we disclaim all association with and responsibility for any third party which may be found to be advertising “real world” money gambling that mentions, names, or displays our Services, website, or any of our associated intellectual property. We reserve the right to terminate your account immediately and without notice to you if you engage in any prohibited advertising of our Services. Additionally, we may also serve you with a cease-and-desist letter where it is deemed necessary. We reserve our rights at law and under these Terms to recover from you all monies associated with the costs of any such cease-and-desist notices. You agree to indemnify us for such costs and any other reasonable costs associated with the removal of advertising prohibited by these Terms or under law, or anything in relation to such matters.
We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to Poker X’s Copyright Page to review our Notification Guidelines. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.
We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas Policy.
Poker X, the Poker X Corporate Family, and the Poker X Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Poker X, THE Poker X CORPORATE FAMILY, AND THE Poker X AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. Poker X, THE Poker X CORPORATE FAMILY, AND THE Poker X AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
YOU ACKNOWLEDGE THAT Poker X, THE Poker X CORPORATE FAMILY, AND THE Poker X AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF Poker X, THE Poker X CORPORATE FAMILY, AND/OR THE Poker X AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID Poker X, THE Poker X CORPORATE FAMILY, AND/OR THE Poker X AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID Poker X, THE Poker X CORPORATE FAMILY, OR ANY Poker X AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Poker X, THE Poker X CORPORATE FAMILY, AND/OR ANY Poker X AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.
These limitations/exclusions do not apply to users located in the EEA. For those users, if Poker X fails to comply with these Terms, Poker X is responsible for loss or damage you suffer that is a foreseeable result of Poker X’s breach of these Terms or is a result of Poker X’s negligence, but Poker X is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Poker X at the time we entered into these Terms.
THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.
Before bringing a formal legal case, you must first contact our Customer Support team at support@pokerx.ca. In the event that you and Poker X can’t resolve the dispute through Customer Service, you and Poker X both agree to arbitrate as described below.
You and Poker X Both Agree to Arbitrate
By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, Poker X, and any member of the Poker X Corporate Family all agree to resolve any claims relating to the Terms, Feature Terms, Community Rules, your relationship with us, or Poker X’s Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your Poker X account or delete it. (In this Section 15 and in Section 17, you, Poker X, and any member of the Poker X Corporate Family may be referred to individually as “a party” or collectively as “the parties.”)
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, Poker X, and any member of the Poker X Corporate Family all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If any party disagrees about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that, too.
In addition, if you, Poker X, or a Poker X Corporate Family member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, Poker X, or the Poker X Corporate Family member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.
The Arbitration Process
The American Arbitration Association (“AAA”) will control any arbitration between you and Poker X or the Poker X Corporate Family member, and AAA’s then-current rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, will be used. You can look at AAA’s rules and procedures on their website at www.adr.org. If something in these Terms is different from AAA’s rules and procedures, then the parties agree to follow these Terms instead.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org).
If you reside outside of the United States, arbitration may take place in the city where you reside at the time of filing. If you reside in the United States, arbitration shall be initiated in the State of New York, United States of America. You and Poker X further agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan in New York City in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules.
Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Poker X or a member of the Poker X Corporate Family and the value of the relief sought is ten thousand dollars ($10,000) or less, then Poker X will advance all filing, administrative, and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Poker X will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Poker X for all such cost and expenses that Poker X paid and that you would have been obligated to pay under the AAA rules.
Exceptions to Agreement to Arbitrate
The parties all agree that they will go to court to resolve disputes
1. Relating to your, Poker X’s, or a Poker X Corporate Family member’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents);
2. Relating to any violation of the Community Rules; or
3. Within the jurisdiction of small claims courts.
For more information about which court the parties can go to for resolving these types of disputes, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration).
No Class Actions
By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, Poker X, and the Poker X Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.
1. The parties agree that neither you nor Poker X nor any member of the Poker X Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
2. The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).
3. The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Poker X players, and cannot be used to decide other disputes with other players.
If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 15 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply.
Opting out of the Agreement to Arbitrate and Class Action Waiver
You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 15 by sending us written notice of your decision to opt out through Customer Support. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, Poker X also will not be bound by them.
Changes to Section 15 Agreement to Arbitrate and Class Action Waiver
We will give you 60-days’ notice by email or through the Services if we change this Section 15 on our Agreement to Arbitrate and Class Action Waiver. If a court or arbitrator decides that this subsection on “Changes to Section 15 on Agreement to Arbitrate and Class Action Waiver” is not enforceable or valid, then this subsection shall be severed from Section 15, and the court or arbitrator shall apply the first Agreement to Arbitrate and Class Action Waiver section in existence after you began using the Services.
This Section 15 shall survive termination of these Terms.
If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Agreement to Arbitrate and Class Action Waiver). In addition, these Terms and our relationship will be governed by New York law, except for its conflicts of laws principles.
If you are located anywhere other than the United States, these Terms and our relationship will be governed by Hong Kong law, except for its conflicts of laws principles.
If you are located in the United States, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Borough of Manhattan in New York City, unless the parties agree to some other location. You, Poker X, and the Poker X Corporate Family all consent to venue and personal jurisdiction in Borough of Manhattan in New York City.
If you are located anywhere other than the United States, judicial proceedings must be brought in the courts of Ireland, unless the parties all agree to some other location. You, Poker X, and the Poker X Corporate Family all consent to venue and personal jurisdiction in Ireland.
If you are located in Australia and have a complaint, then we encourage you to first discuss the matter with us and we will endeavour to resolve the matter. If the dispute is not resolved in this manner (or is not capable of being resolved), or if we have any concerns in respect of the complaint from a regulatory compliance perspective, then we will take appropriate steps accordingly. Irrespective of this, we reserve our right to share your information with the ACMA or any other relevant regulatory body for the purpose of resolving the complaint or dispute, or to address any other concerns which we may have.
Each of the paragraphs of these Terms operates separately. Except as described in Section 15 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting Poker X’s written consent, and any attempt to do so without our consent is void.
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.
If we provide a translated version of these Terms, Feature Terms, Community Rules, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. This provision does not apply to users located in the EEA.
If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.pokerx.ca or in the Poker X game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.
If you are located in the United States and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to support@pokerx.ca, Attn: LEGAL DEPARTMENT, unless we have provided a more specific way of notifying us.
If you are located anywhere other than the United States, and you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and sent to us through Customer Support.
We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials This provision does not apply to users located in the EEA.