ECOM ENTERPRISE NV, parent company for ActionPoker.com
and of Action Commerce Limited.
ECOM ENTERPRISE NV and all affiliated companies (hereinafter referred to as "Ecom") are fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Interactive Gaming. Ecom is the owner and/or operator of the poker card room and online casino which consists of the provision of Multi-player and Single-player Interactive Poker and Casino Games on the Internet (hereinafter referred to as the "CARD ROOM") and hosted by the Action Poker Network (APN). Such gambling on the internet, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and read carefully our terms and conditions. Action Commerce Ltd (ACL) is the payment processing company in the Ecom Enterprise Group.
1.1. By playing at the CARD ROOM, and provided that you (the "PLAYER") are 18 years old or more, you will be deemed to have manifested your consent to enter into the following Agreement with ACL and to accept its terms and conditions, which have been accepted by ACL. Please read the Agreement carefully, consult legal counsel in your jurisdiction if you have any doubts about your rights and obligations, and keep a copy for your records.
2.1. The purpose of this Agreement is to regulate the legal relationship between ACL and the PLAYER once the PLAYER starts using the CARD ROOM for real money wagering on the Internet.
3.1. PLAYER declares and warrants that:
| 3.1.1. | The PLAYER is at least 18 years of age or older. | ||||||||
| 3.1.2. | All PLAYER'S details contained in the Registration Form submitted to the CARD ROOM are true and correct. | ||||||||
| 3.1.3. | The PLAYER does not find the CARD ROOM or its Website to be offensive, objectionable, unfair, or indecent. | ||||||||
| 3.1.4. | The PLAYER will participate in the Poker or Casino Games offered by the CARD ROOM to gamble on the Internet for his/her own private personal use only and not for any business use, or use by others. To the best of his/her knowledge, The PLAYER is not contravening any laws of his/her home jurisdiction by gambling on the Internet on the Poker or Casino Games offered by the CARD ROOM. | ||||||||
| 3.1.5. | The PLAYER can only have one account across the Action Poker Network. If the PLAYER opens a new account either on their existing APN brand or with another APN brand, that new account will be closed. If there has been any activity in the new account before closure, then the account balance (comprising any deposits or winnings but not bonuses) will be transferred to their existing APN account. | ||||||||
| 3.1.6. | The PLAYER shall hold ACL, its employees, officers, directors, licensees, distributors, partners, shareholders, affiliates, contractors, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of the PLAYER'S
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| 3.1.7. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER is an officer, director, employee, consultant or agent of the Company, umbrella companies, suppliers or vendors (each aforementioned individual is deemed an "Unauthorized Person"). Unauthorized Persons are not permitted to register with ACL or any affiliated organization or to participate directly or indirectly in any of the Games. Similarly, ACL reserve the right to prohibit relatives of Unauthorized Persons from registering with ACL or any affiliated organization or from participating directly or indirectly in any of the Games. For these purposes, the term "relative" includes (but is not limited to) spouse, partner, parent, child or sibling. | ||||||||
| 3.1.8. | The PLAYER is fully aware that there exists a risk of losing money when gambling on the Internet through the participation in the Poker or Casino Games offered by the CARD ROOM. The PLAYER accepts all such risks and agrees not to hold ACL responsible for any loss of money by the PLAYER. | ||||||||
| 3.1.9. | The source of the funds used by the PLAYER for gambling on the internet through the participation in the Poker or Casino Games offered by the CARD ROOM is not illegal. | ||||||||
| 3.1.10. | The PLAYER is fully aware that abusive or offensive language will not be tolerated on the chat boards, in the games, or otherwise expressed by the PLAYER in the CARD ROOM or with ACL staff. Any violation of this policy will result in a suspension of chat and/or playing privileges or such other action as may be reasonably required by ACL to ensure compliance including possible termination of the PLAYER's Account. | ||||||||
| 3.1.11. | The PLAYER is not entitled discuss rake with other APN members either on chat or in any other medium. Any violation of this policy will result in the termination of the PLAYER's account. | ||||||||
| 3.1.12. | The PLAYER is not entitled to make untrue and/or malicious and/or damaging comments with regard to ACL's operation in any media or forum. | ||||||||
| 3.1.13. | The PLAYER is aware that abuse of deposit bonuses is not allowed. If a PLAYER activates a deposit bonus then makes a withdrawal before fulfilling all the requirements to clear that bonus, that or all bonuses will be forfeited at the discretion of APN. | ||||||||
| 3.1.14. | On cash back promotions, and any type of free chip, the player must have at least 30 raked hands as of the moment when the bonus money is credited, before any withdrawal can be made. | ||||||||
| 3.1.15. | The PLAYER shall periodically review these Terms and Conditions posted at ACL Web Sites at a rate of not less than once every month. | ||||||||
| 3.1.16. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER does not fully understand, agree to, bACLe a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time. | ||||||||
| 3.1.17. | The PLAYER fully understands that all rules, regulations, and payoffs contained herein are subject to change and revision by ACL without prior written notice. | ||||||||
| 3.1.18. | The PLAYER fully understands and agrees that the PLAYER is solely responsible for his/her account transactions and should keep his/her account information confidential. Should a PLAYER give away, share or lose his/her account number and/or password, ACL will not be held liable for any claims regarding that account. | ||||||||
| 3.1.19. | The PLAYER accepts that "Play Money" funds have no value in and of themselves and are not transferable and exchangeable within an account and are not redeemable for any 'real' currency or prize. | ||||||||
| 3.1.20. | The PLAYER accepts that POP points are earned by contributing to real money raked hands and buying in to tournaments. The PLAYER accrues POP points from 1st April to 31st March each POP year. POP accrued in each POP year remains valid until 30th June of the next POP year, at which point it expires and is forfeited. POP points accrued as part of a deposit bonus promotion will not count towards the PLAYER’s final POP total and the value of these POP will be deducted before the remaining POP can be used in other promotions. | ||||||||
| 3.1.21. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER's computer is located in the country of Turkey or the Credit Card used for deposits is issued by a Turkish Bank. ACL does not accept players from Turkey. | ||||||||
| 3.1.22. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER's computer is located in the United States of America. ACL does not accept players from the USA. |
4.1. ACL declares and warrants that:
| 4.1.1. | ACL, an International Business Corporation incorporated under the laws of the Netherlands Antilles, is fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Internet Gaming. |
| 4.1.2. | ACL's operation of the CARD ROOM is directed only towards PLAYERS who by the laws of their home jurisdiction are not prohibited from gambling on the Internet. ACL carries no intent to enable a PLAYER to participate in the Poker or Casino Games offered by the CARD ROOM on the Internet in contravention of any law in the PLAYER'S home jurisdiction. |
| 4.1.3. | All Poker or Casino Games comply with clearly set rules and, where applicable, are as close as possible to Las Vegas rules. All rules are designed to be fair, and all rules for all Poker or Casino Games offered by the CARD ROOM are clearly laid out for the PLAYER to view at any time. |
| 4.1.4. | ACL has made every reasonable effort to ensure that all passwords and PLAYER names employed by the PLAYER are thoroughly secure against third party access. |
| 4.1.5. | To maintain a high level of security and integrity in the system, ACL reserves the right to conduct a security review at any time to validate PLAYER's identity, age, the registration data provided by the PLAYER and to verify the PLAYER's playing of the Games and the PLAYER's financial transactions for potential breach of this Agreement and of applicable law. As such the PLAYER authorises ACL and/or its agents to make any inquiries of the PLAYER and for ACL and /or its agents to use and disclose to any third party what ACL considers necessary to validate the information the PLAYER provides to ACL or should provide to ACL in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, the PLAYER agrees to provide such information or documentation as ACL, in its unrestricted discretion, may request. |
5.1. PLAYERS who participate in the Poker or Casino Games offered by the CARD ROOM, shall do so exclusively in accordance with, and governed by, ACL'S rules and instructions as detailed on the Internet Web Site of the CARD ROOM from time to time, including, without limitation, in respect of the gambling methods, playing rules, payment procedures, and payoffs of winnings.
| 6.1. | The CARD ROOM and all associated software and hardware are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the CARD ROOM or the software/hardware. |
| 6.2. | We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us. |
| 6.3. | We cannot guarantee that the CARD ROOM will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Support. |
| 6.4. | Although we shall take all reasonable measures to ensure that the software and files are free from computer viruses we cannot and do not guarantee that the software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus. |
| 6.5. | We may temporarily suspend the whole or any part of the CARD ROOM for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the CARD ROOM, as soon as is reasonably practicable, after temporary suspension. |
| 6.6. | In the event of a CARD ROOM malfunction all bets are void. |
| 6.7. | We will not be liable to you for any loss that you may incur as a result of such suspension or delay. |
7. Telecommunication Service Provider
7.1 ACL shall not, in any way, be responsible for any acts or omissions made by the PLAYER'S Telecommunication Service Provider ("TSP") with which the PLAYER has contracted to give access to the CARD ROOM, and ACL shall not be a party to any dispute between the PLAYER and TSP, nor shall any such dispute have any effect on the obligations of the PLAYER under this Agreement.
8.1 The PLAYER undertakes to respect all applicable copyrights and/or trademarks related to ACL'S operating of the CARD ROOM, and to exercise all necessary prudence in the use of all security measures.
| 9.1. | The PLAYER may terminate this Agreement by notifying ACL in writing at any time, provided the PLAYER owes no money to ACL for any reason whatsoever. |
| 9.2. | ACL reserves the right to terminate the PLAYER'S membership, at any time and for any reason, at its sole discretion, and in particular in case of any activity that may harm ACL, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM. |
| 9.3. | Members may appeal any decision made by ACL during a period of three months from the date of the last communication with ACL regarding the case. After this period the case will be considered closed and will not be reopened by any authority/tribunal. |
| 9.4. | Upon termination by the PLAYER or ACL as above, ACL shall refund the PLAYER any funds which may be in the PLAYER'S account over and above any amount which may be owing to ACL (if any). If account is terminated due to any activity that may harm ACL, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM, refund shall not exceed the initial deposit made by the PLAYER. |
| 9.5. | Termination by the PLAYER or ACL as above shall be without prejudice to recovery by either party of any amount legally due by the other party in virtue of this Agreement. |
| 9.6. | Should the PLAYER fails to use his or her account for six months, the PLAYER's account will be considered a dormant account. The six-month period will run from the date of the PLAYER's last login to his or her account. The provisions of this Clause will only apply if all of the PLAYER's Real Money Accounts at the ACL Enterprises member CARD ROOMs (including casinos) constitute Dormant Accounts. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the CARD ROOM's and/or Casino's sole and unrestricted discretion, be handled by the CARD ROOM as follows: An administration fee equivalent to 5% or $2, whichever is higher, of such credit balance shall be levied monthly thereon and deducted there from until the earlier of: 9.6.1. The credit balance being reduced to zero; or 9.6.2. The Dormant Account bACLing active. |
| 9.7. | ACL has the right to hold any and all of a PLAYER's funds indefinitely if it is found, determined at the sole discretion of ACL, that the player has been involved in fraudulent activity in the CARD ROOM. Fraudulent activity may include, but is not limited to, stolen credit cards, unlawful transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information. |
10. Applicable Law/Jurisdiction
10.1. This Agreement, the interpretation and execution thereof, and the relationship between the parties, shall be governed by, and construed in accordance with, the laws of the UK.
10.2. Any claim or dispute arising either directly or indirectly out of this Agreement shall be brought before the competent court of the country of the Netherlands Antilles, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, ACL shall have the right to institute any legal proceedings against the PLAYER before the competent court in the PLAYER'S home jurisdiction or elsewhere.
THIS AGREEMENT IS DEEMED ACCEPTED AND SIGNED BY ACTION COMMERCE LIMITED AND BY THE PLAYER AS INDICATED IN THE INTRODUCTORY PARAGRAPH ABOVE UNDER THE HEADING "TERMS AND CONDITIONS", ON THE DATE ON WHICH THE PLAYER FIRST STARTED PLAYING MULTI OR SINGLE-PLAYER POKER OR CASINO GAMES OFFERED BY THE CARD ROOM ON THE INTERNET.
SOFTWARE END USER LICENSE AGREEMENT
NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"). INSTALLATION OR USE OF THE ENCLOSED ECOM ENTERPRISE SOFTWARE ON YOUR COMPUTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU ("USER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. THIS AGREEMENT GOVERNS THE ECOM ENTERPRISE SERVER ("SERVER"), THE ECOM ENTERPRISE CLIENT ("CLIENT"), ALL INTELLECTUAL PROPERTY CONTAINED THEREIN (COLLECTIVELY, THE "SOFTWARE") AND THE FOLLOWING TERMS AND CONDITIONS.
The Server software runs from a remote computer owned and operated by ECOM Enterprise. You ("User") will not have access to the Server software, except through the means provided via the operation of the Client software. The Client software will be made available to the user, under the terms outlined in this agreement. The User will identify himself/herself to the software via a unique Player ID ("Player ID") and unique and secret password ("Password") known only to the User.
Both the Client and the Server are protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.
- GRANT OF LICENSE: ECOM Enterprises grants the User the right to install and run the Client software on any computer for which it was designed. The User may only use the software to connect to the ECOM Enterprises Servers.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: The User may not attempt to modify, dECOMpile, reverse-engineer or disassemble the software in any way.
- NO WARRANTIES: ECOM Enterprises expressly disclaims any warranty for the Server software and the Client software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU, THE END USER.
- LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall ECOM Enterprises be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of either the Server or Client software.
- SECURITY: The User agrees that he/she is solely responsible for all use of ECOM Enterprises software through his/her User ID and Password. The User is obliged to keep his/her User ID and Password secret and confidential. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be the responsibility of the User.
- PERSONAL USE: Commercial use of the Software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. The User agrees that his/her use of the Software is in a personal (and not professional) capacity. Before the User participates at ECOM Enterprises, he/she is responsible to verify the laws on gambling which govern the place where the Software is used to determine restrictions and act in accordance with those restrictions. The User agrees he/she has reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater.
- PROMOTIONAL USE: ECOM Enterprises reserves the right to use email addresses for promotional purposes.
- ARTIFICIAL INTELLIGENCE - BOTS: It is strictly forbidden for players to use any Artificial Intelligence including "Robots" in connection with the use and playing with the Software and the Games. We constantly review the use of the Games and Software in order to detect the use of Artificial Intelligence. In the event that we deem it that AI has been used we reserve the right to take any action we see fit, which includes but is not limited to immediately blocking access to our Software and Games for the offending user (s), terminating such user’s account (s) permanently and seizing any amount of money held in such account.
- OTHER: This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-1999 The OpenSSL Project. All rights reserved.
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
- TERMINATION. Without prejudice to any other rights, ECOM Enterprises may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all of your copies of the software.
ECOM Enterprises reserves the right to change the license agreement and the terms and conditions from time to time. This license is governed by the laws of the country of Netherlands Antilles.
Copyright (c) 2002-2010 ECOM Enterprises - All rights reserved.
More information is available at www.actionpokernetwork.com
Ecom Enterprises can be contacted by email at support@actionpokernetwork.com
