TERMS AND CONDITIONS
This End User License Agreement (the “Agreement”) sets forth the terms and conditions for your use of this website and the client software you may access or download here. The Agreement should be read by you (the “User” or “You”) in its entirety. By accepting the services provided herein or by downloading the client software or by using any of the other features provided here, You will be deemed to have accepted and agreed to the Terms and Conditions and License provisions contained herein.
Please note that Your acceptance of the Agreement constitutes a legally binding agreement between You and Play Fun Inc. (referred to herein as “The Company , our, us, or we) which owns and operates the free to play online play money poker games and licenses to You client software to play poker and access other features and services provided through www.americascardroom.net.
The AmericasCardRoom.net website, client, software, games and services offered are for play money play and practice and are not connected or linked to any other websites using the brand AmericasCardroom. Moreover, AmericasCardRoom.net does not offer any gambling services or access to gambling platforms.
In the event that You have any questions about these Terms and Conditions and End User License Agreement, please contact [email protected] before accepting this Agreement. Introduction to the Software and Your Permitted Use thereof:
The client game software that You have access, downloaded or are about to download from this website (the “Software”) is being licensed to you by THE COMPANY for your private personal use solely on “AS IS” basis.
The poker services is accessible through the Software provide for play of poker games hosted on one or more remote server(s).
1. Grant of license to you:
1.1 Subject to the terms and conditions contained herein, THE COMPANY grants the User a non-exclusive, personal, non-transferable right to download install and use the Software as a client in order to access the Servers and play the Games and for no other purpose. THE COMPANY revoke the license of any User at any time and may close any User account at any time for any reason or no reason.
1.2 A User shall have no ownership property right or other claim of interest in any play chip balance in his account. Please note that You are prohibited from using this website or the Software if You are (i) under 18 years of age, (ii) a person under the legal age of majority in Your jurisdiction, or (iii) connecting to the Site from a jurisdiction from which such use is prohibited or it would be is illegal for THE COMPANY to offer such software for download or provide the services related to Your use of the Software.
2.1 When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
2.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
2.4 You may only have one account with THE COMPANY and shall only use the Service using such single account. Playing poker through multiple accounts, concurrently or not, with or without the account owner’s consent, is a violation of the Terms and Conditions of Use and may result in the immediate termination of your account on Service.
2.5 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. In the event that You have any questions about creating Your Account or updating information, please [email protected].
3. Using the Software:
3.1 As a User, You are licensed to use the Software, together with your unique Player ID (“Player ID”) and unique and secret password (“Password”) chosen by and known only to You, to access THE COMPANY servers (the “Servers”) in order to play for “play money” (no chip value)” games (the “Games”). The (“Play money” chips and balances have no value, THE COMPANY reserves the right to eliminate any balance of play money chips held by You at any time, or to offer as a promotion or marketing incentive program to convert some or all of Your play money chips into whatever incentive THE COMPANY determines to provide You, in its sole discretion.)
3.2 The Software is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License does not grant a User any right to reproduce the design or publish screenshots of the design without express prior written permission from THE COMPANY .
4. No warranties by THE COMPANY:
4.1 THE COMPANY disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to You “AS IS”.
4.2 THE COMPANY provides You with no warranty or representation whatsoever regarding the Software or Games quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide You with service of the highest quality, THE COMPANY makes no warranty that the Site, the Software, the Games or the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.
4.3 In the event that a Games system failure results in an interruption of the Games, and the Game play is not available to be resumed, then play money chips in play at the time of the interruption will be returned to such players as THE COMPANY determines that the players were unable to play following the interruption of the Games. This policy does not extend to non-system failures, such as loss of power or internet access by the User.
5. Prohibited uses:
5.1 User may not use the software in any way or manner to engage in, suggest, facilitate, operate or otherwise relate to any gambling, betting or game play including, in part or in whole, any real money gambling, wagering or betting activity of any sort. Any such uses or activity are prohibited. See section 7.3 below
5.2 User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. The Software is intended solely for your personal use. The use of artificial intelligence including, without limitation, “robots” for play in the Games, is strictly forbidden.
5.3 All actions taken in relation to the Games by a User must be executed through the user’s interface accessible by use of the Software. THE COMPANY reserves the right to exercise at its sole discretion, the use of the Software or access to the Servers by any User. THE COMPANY further reserves the right to restrict seating and/or to prohibit Users from playing at a particular poker table or tournament, including restricting two or more Users from playing together at the same table or in the same tournament.
5.4 In the event that THE COMPANY in its sole discretion deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software, THE COMPANY shall be entitled to take action as it sees fit, including immediately blocking access to the Games to such User, terminating such User’s account and seizing all other accounts of said User, reversal or recovery of prizes, if any, mistakenly made or induced by fraudulent conduct.
6. Prohibited Gameplay:
6.1 Angle Shooting: Any behavior, action, or pattern not described already in the present policy that a user might exploit in their favor, disrupting the “spirit of the game”, to gain any sort of advantage, including but not limited to exploiting software bugs, deceiving or tricking other players. THE COMPANY reserves the right to deem other unforeseen scenarios as such.
6.2 Bumhunting: The practice of over-targeting a certain player population, or a specific player.
6.3 Chat abuse: The practice of either disclosing hand in play information or suggestions, as well the verbal, offensive abuse.
6.4 Collusion: Collusion between users by sharing hole cards or by any other method is strictly forbidden. We reserve the right, to restrict seating and/or to prohibit users from playing at a particular poker table or in tournaments.
6.5 Grimming: The practice to consistently play the small blind (SB) and skip the big blind (BB).
6.6 Ratholing: The practice of intentionally leaving a table and returning with a smaller amount of chips shortly after.
6.7 Stalling: Deliberating delaying the action in a game to gain an advantage over your opponents on different tables from the same tournament
6.8 Table Camping: The practice to reserve, sit out or lock a seat for long periods.
7.1 You agree that You are solely responsible for all use of the THE COMPANY Software through Your Player ID and Password. You are obliged to keep Your Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of You and be deemed as Your use. Any liability or loss of funds arising from use of a Player ID and or Password through access to the software or otherwise shall be borne by the You and not THE COMPANY .
7.2 Player-to-Player Agreements or transactions: Under no circumstances shall You be permitted to use any “play money account” or the Games for any purpose other than for playing the play-for-free Games. THE COMPANY prohibits use of the Games or the Software by any User to attempt to conduct any gambling activity whatsoever, including but not limited to any attempt to use the provisions of Games as part of a scheme to play games and settle poker wins/losses through either direct payments or any third parties.
7.3 You are expressly prohibited from participating in any arrangement with other Users to “play” the Games for play chips but settle accounts among them directly. In the event that THE COMPANY determines that the foregoing provision has been breached by a User THE COMPANY reserves the right to immediately block access to the Games to such User, to terminate such User’s account and to seek to recover damages arising from any such use. THE COMPANY does not support private transactions between players, nor will the Poker Room assist in facilitating these deals.
8. Player Game Conduct:
8.1 Abusive or offensive language or other behavior considered inappropriate by the Poker Room in the context of the product will not be tolerated. Bad behavior or language identified by the Poker Room or brought to its attention will be dealt with swiftly, and may result in a suspension or loss of playing privileges or such other action as may be decided by the Poker Room. THE COMPANY also prohibits using any language other than English or Spanish for communication or chat. Any controversy or dispute among any Players or between one or more Players and the Poker Room shall be settled by the Poker Room whose decision shall be final and binding in all respects. The Poker Room requires that all controversies or disputes be reported by email at [email protected].
9. Personal use only:
9.1 Any use of the Software or any professional use as part of a business of betting or wagering is strictly forbidden. You are only allowed to play for Your personal entertainment and recreational play.
You agree and represent that Your play in the Games is of a personal entertainment nature and that You are NOT engaging in the business of betting or wagering. In the event that THE COMPANY determines that the foregoing provision has been breached by a User THE COMPANY reserves the right to immediately block access to the Games to such User, to terminate such User’s account with THE COMPANY and to seize all chips held in the relevant THE COMPANY accounts.
9.2 Before You participate in playing free-to-play poker at AmericasCardRoom.net, you are responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto.
10.1 We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
10.2 If you wish to terminate your account, you may simply discontinue using Service.
10.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Access through the Client to Activity other than Poker:
11.1 The COMPANY from time to time develops and offers free to play, play money game apps for games other than poker, THE COMPANY may offer its End Users access to those other game play opportunities to participate in activity or services other than playing poker.
11.2 Offers of Third-Party products, apps or services Additionally, You agree that THE COMPANY may contact you by other means, including email, Instant messaging or other direct chat to market third-party non-gambling products, goods or activities to you.
Such activity may include but is not limited to the opportunity to access legal sports fantasy contests, fantasy sports pools, non-poker skill game/tournament play, discounted travel offers and other any other products or services which THE COMPANY , in its sole discretion, may consider of potential interest to You.
11.3 You agree that You shall not participate in marketing fees or compensation or affiliate revenue realized by THE COMPANY , if any, and that your sole consideration for allowing such third-party products or services shall be the access afforded You to entertainment by playing on THE COMPANY platforms or apps games.
11.4 No access shall be provided to any real money gambling activity through THE COMPANY or the Software. You agree that Your participation in such other activities is of a personal entertainment nature and that neither THE COMPANY nor You are NOT engaging in the business of betting or wagering.
11.5 You acknowledge and agree that THE COMPANY offers such access to You as consideration to You, that You accept the offer of such entertainment services by accessing the game opportunities and that You acknowledge that no consideration shall be owed to you other than the entertainment activities or services which may be provided, by THE COMPANY or by a Third Party other than THE COMPANY . You agree to be bound by all the terms and conditions thereof and agree and warrant that Your participation therein does not violate any applicable laws related to Your activities or Your access from wherever You participate therein.
13. Error Reporting and Feedback
13.1 You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
13.2 You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.
13.3 In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
14. Links To Other Web Sites
14.1 Our Service may contain links to third party web sites or services that are not owned or controlled by Play Fun Inc.
14.2 Play Fun Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
14.3 YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
15. Disclaimer Of Warranty
15.1 THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
15.2 COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
15.3 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation Of Liability
16.1 EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Governing Law and Severability:
17.1 These Terms shall be governed and construed in accordance with the laws of the State of Nevada, which governing law applies to these terms without regard to its conflict of law provisions.
17.2 Each party irrevocably agrees that the relevant courts of Nevada shall have exclusive jurisdiction in relation to any claim, dispute or difference between them concerning the Agreement and any matter arising hereunder.
17.3 You and THE COMPANY irrevocably waive any right that either may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. You expressly consent to personal jurisdiction of said courts over You and expressly agree to accept service of notice of any proceedings brought therein by transmitting said notice to You at the email address You have provided in Your Account. . (This choice of forum and law governs only claims between the USER and THE COMPANY and shall not affect or limit any other right or remedy which THE COMPANY may hold against any third party related to the business of providing the games, including the provision of services to THE COMPANY by such third parties.)
17.4 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. Changes To Service
18.1 We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
18.2 We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
19. Amendments To Terms
19.1 We may amend Terms at any time by posting the amended terms on www.americascardroom.net . It is your responsibility to review these Terms periodically.
19.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
19.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
20.1 No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
21. Copyright Policy
21.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
21.2 You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
21.1 BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.