IMPORTANT – PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE ACCEPTING
THIS AGREEMENT, THEN PRINT THESE TERMS
AND CONDITIONS AND STORE THEM ALONG WITH
ALL CONFIRMATION EMAILS, ADDITIONAL TERMS,
TRANSACTION DATA, GAME RULES AND PAYMENT
METHODS RELEVANT TO YOUR USE OF THE SITE.
WE WILL NOT FILE OUR CONTRACT WITH YOU
AND SO YOU SHOULD PRINT IT OUT FOR YOUR
RECORDS. THESE TERMS AND CONDITIONS ARE
SUBJECT TO CHANGE (AS SET OUT BELOW) AND
WILL ONLY BE ACCESSIBLE VIA THE
PokerAvenueUSA.COM
SITE.
Notification of these terms and conditions
constitutes the making of an offer, which
you accept by clicking on "Yes"
button. When acceptance reaches us (as
defined below), a legally binding agreement
on these terms and conditions is concluded
between, (a) you, the end user, and (b)
PokerAvenueUSA ("Company", "we",
"us" or "our" as appropriate).
The Company provides the services on the
website at www.PokerAvenueUSA.com and any
other online platform provided by us ("PokerAvenueUSA.COM")
on which you access our services ("Services").
These terms and conditions together with
any other additional rules and terms that
specifically relates to and governs any
particular event, game, software or tournament
constitute a legally binding agreement
("Agreement"). This Agreement
is written and is only available in English.
If this Agreement is translated into another
language the English version will prevail.
Your attention is drawn to our Privacy
Policy which describes how we deal with
and protect your personal information
and by accepting this Agreement, you are
also acknowledging and accepting that
policy.
1. Applicability of
Terms and Conditions.
By playing our Games (defined below),
or clicking on the "Yes" button
when you install our Software and/or by
acknowledging that you have read this
Agreement when you register to join
PokerAvenueUSA.COM,
you agree to comply with this Agreement,
and you acknowledge that your failure
to comply with this Agreement may result
in disqualification, Account closure,
forfeiture of funds and/or legal action
against you, as appropriate and as further
specified in this Agreement. If you have
any questions as to this Agreement, we
encourage you to seek independent counsel
prior to clicking on the "Yes"
button when you install the software and/or
before continuing with the registration
process. You acknowledge that if you accept
this Agreement, we will start providing
you with the benefit of our Services immediately.
As a consequence of this, if you accept
this Agreement when registering for our
Services, you will not later be able to
cancel your registration, although you
can terminate this Agreement and close
your account under section 22 below.
2. Legality of Participation
in Games.
You may only participate in the Games
(defined below) if you are over 18 years
of age (or such other minimum legal age
in the jurisdiction where you are connecting)
and it is legal for you to do so according
to the laws that apply in the jurisdiction
from where you are connecting. You understand
and accept that Company is unable to provide
you any legal advice or assurances and
that it is your sole responsibility to
ensure that at all times you comply with
the laws that govern you and that you
have the complete legal right to play
the Games. Any participation in the Games
is at your sole option, discretion and
risk. By playing the Games, you acknowledge
that you do not find the Games or Services
to be offensive, objectionable, unfair,
or indecent in any way.
3. Play Money and Real
Money Games.
By registering for the Services you will
be able to access (through our Software
- defined below) both "play money"
games and tournaments ("Play Money
Games" or "Play for Free Games"
respectively) and "real money"
games and tournaments ("Real Money
Games" or "Play for Real Money
Games" respectively), collectively
the PokerAvenueUSA.COM games ("Games").
No purchase is necessary or required to
play the Play Money Games, save in respect
to any cost you may incur to access the
Services, charged by your internet service
provider or telecommunications provider,
and you may play the Play Money Games
without betting money. The Company reserves
the right to suspend, modify, remove and/or
add any Game in its sole discretion with
immediate effect and without notice and
the Company will not be liable for any
such action.
4. Registration.
To play at PokerAvenueUSA.COM, you will
first need to download and install our
Software and register for an account with
us (an "Account") by choosing
a unique Account name and password and
entering other information that we ask
for on our registration form such as (but
not limited to) your first and last name,
address, email, and telephone number.
You agree to provide only true, complete
and current information and you further
agree to update this information as necessary
to keep it true, complete and current.
Our Cashier Player Registration process
will include an opportunity when you make
a deposit for you to confirm or amend
any details that you have submitted during
the registration process which are incorrect
or you can contact us at support@PokerAvenueUSA.com.
5. True Identity
and One Account.
The name on your Account must match your
true and legal name and identity and the
name on your PokerAvenueUSA.COM Account registration
must match the name on the credit card(s)
or other payment accounts used to deposit
or receive monies in your Account. You
are prohibited from holding more than
one Account at PokerAvenueUSA.COM. If you
have more than one (1) Account or Accounts
in different names, then you must contact
us immediately to have your Accounts managed
so that you only have one (1). If you
have lost your Account name or password,
please contact us for a replacement.
6. Rules and Procedures
of the Games.
You must play the Games pursuant to the
generally accepted poker rules
set out in the Game Rules section, and
the procedures specifically set out in
the, the Games Section of the PokerAvenueUSA.COM
website, including but not limited to
How to Play, Table Stakes, Tournaments,
Tournament Rules, and any other page on
PokerAvenueUSA.COM that specifically relates
to and governs any particular event, game
or tournament. You acknowledge and agree
that we will charge a rake on all Real
Money Games, as set out on the Rake and
Blind Structure section of the
PokerAvenueUSA.COM
website.
7. Anti-Cheating Software.
We are committed to detecting and preventing
software programs which are designed to
enable artificial intelligence ("AI
Software") to play on our Services
such as, but not limited to opponent-profiling,
player collusion, cheating software or
anything else that we deem enables you
to have an unfair advantage over other
players. You acknowledge that the Company
will take measures to detect and prevent
the use of such programs and AI Software
using methods (including but not limited
to reading the list of currently running
programs on a player’s computer) and you
agree not to use any AI Software and/or
any such programs.
8. No Company Employees
or Affiliates.
If you are an officer, director, employee,
consultant or agent of the Company or
one of its group companies, or suppliers
or vendors, you are not permitted to register
with PokerAvenueUSA.COM or to participate
directly or indirectly in any of the Games
(each an “Unauthorised Person”). Similarly,
relatives of Unauthorised Persons are
not permitted to register with
PokerAvenueUSA.COM
or to participate directly or indirectly
in any of the Games. For these purposes,
the term "relative" shall include
(but not be limited to) any of a spouse,
partner, parent, child or sibling.
9. Copyrights and Trade
marks.
All material used by PokerAvenueUSA.COM,
including but not limited to the Software,
images, pictures, graphics, photographs,
animations, videos, music, audio, text
(and any intellectual property rights
in and to any of the same) belong to the
Company or one of its group companies
and/or our licensors and is protected
by copyright and/or other intellectual
property rights. You obtain no rights
in such copyright material or trade or
service marks and must not use them without
the Company’s written permission.
10. Software.
You may install and use the computer
programs we make available from
PokerAvenueUSA.COM
("Software") on a hard disk
or other storage device and make backup
copies of the Software, provided that
such use and backup copying is only for
your own personal use for participating
in the Games in accordance with this Agreement,
and further, that such installation and
use is made through a computer of which
you are the primary user. The Software's
structure, organisation and code are the
valuable trade secrets of the Company
and/or its group Companies and/or its
licensors. You obtain no rights to the
Software except to use it in accordance
with this Agreement. Save as expressly
permitted by law, you are strictly prohibited
from, and agree not to modify, adapt,
translate, reverse engineer, decompile,
disassemble or otherwise attempt to discover
the source code of the Software or any
part of it or to create, publish or distribute
derivative works from the Software. You
agree that the Software will not be shipped,
transferred or exported into any country
or used in any manner prohibited by any
applicable laws, restrictions or regulations.
11. Shared Games,
Table and Database Platform.
The Company reserves the right, but is
not obliged, to run and utilise a shared
table, server and database platform or
system ("Shared Game/Table Platform")
which enables players from
PokerAvenueUSA.COM
to play with players coming into the games,
tables and tournaments from other websites
and brands operating on the same Shared
Game/Table Platform. If a Shared Game/Table
Platform is used, you agree that you may
be pooled into these common game/tables,
at the Company's sole discretion, and
that to the extent that you breach the
terms and conditions of one site or brand
that operates on the Shared Game/Table
Platform, the Company may have you blocked,
in part or full, from the entire system
so that you may not play through any site
or brand using or on the Shared Game/Table
Platform. Without limitation to the restriction
on having multiple accounts on
PokerAvenueUSA.COM
in section 5, the Company may require
that you only have one account on the
Shared Game/Table Platform if the same
is used.
12. Play Money and Real
Money Account Funding.
"Play money" funds have no
value in and of themselves and are kept
separate from "real money" funds.
They are not transferable to a “real money”
account nor are they redeemable for any
currency. To play the Real Money Games,
you will be required to pay funds into
your Account by any of the methods specified
from time to time by PokerAvenueUSA.COM.
Such funds will be deposited into your
Account upon actual receipt of funds by
the Company and/or its agents. Minimum
and maximum limits may be applied to the
payments into your Account, depending
upon your history with PokerAvenueUSA.COM,
the method of deposit, and other factors
as determined solely by the Company. The
Company is not a bank and funds are not
insured by any government agency. All
payments to and from your Account must
be paid in the currencies available on
the Services from time to time and shall
not bear interest and all payments into
your Account must be from a payment source
on which you are the named account holder.
If permitted, you may make transfers from
your Account to fund another player’s
account solely for the purposes of playing
the Games and such transfers will be subject
to the Inter-account Transfer Terms or
the and any other applicable terms where
applicable and the restrictions on cash
outs therein.
13. Electronic Service
Provider.
In order to play the Real Money Games,
you will be required to send money to
and receive money from us. The Company
may use third party electronic payment
processors and/or financial institutions
("ESPs") to process such financial
transactions. You irrevocably authorise
us, as necessary, to instruct such ESPs
to handle Account deposits and withdrawals
from your Account and you irrevocably
agree that the Company may give such instructions
on your behalf in accordance with your
requests as submitted using the relevant
feature on our website. You agree to be
bound by the terms and conditions of use
of each applicable ESP, in the event or
conflict between this Agreement and the
ESP's terms and conditions then this Agreement
shall prevail.
14. Bonuses.
We may from time to time offer you complimentary
or bonus amounts to be credited by the
Company into your Account (“Bonus(es)”).
Such Bonuses may only be used in the Games
as may be specified when the Bonus is
offered to you and acceptance of any Bonus
shall be in accordance with additional
terms and conditions we may make available
to you in respect of each such Bonus offering,
and if none, then in accordance with the
bonus release restrictions contained in
the relevant offer. You are not entitled
to withdraw any Bonus amounts and you
may not take any cash out from your Account
without first complying with the applicable
terms including, without limitation, in
respect of any qualifiers or restrictions.
15. Cash Outs.
Your account balance is the amount of
real money held in your Account to access
the Real Money Games, plus or minus any
accrued winnings or losses from playing
the Games, less any rakes or entry fees,
less any amounts previously withdrawn
by you or amounts forfeited or reclaimed
by the Company due to any known or suspected
fraud or due to deposits or other transactions
rejected or cancelled by your bank or
any relevant third party bank (whether
as a result of insufficient funds, charge-backs
or otherwise), any Inactive Account Fees
(see section 16 below) or any sums which
are otherwise deductible or forfeited
under this Agreement ("Account Balance").
Acceptance of cash out requests are subject
to any deposit method restriction, bonus
restrictions and Security Reviews (as
set out below) and any other terms of
this Agreement. All amounts you withdraw
are subject to the transaction limits
and any processing fees for certain withdrawal
methods that we notify you of before cashing
out. Further, the Company may report and
withhold any amount from winnings in order
to comply with any applicable law. All
federal, state and local taxes due in
connection with any winnings awarded to
you are your sole liability. Account Balances
cannot be transferred, substituted or
redeemed for any other prize. Payment
of funds which you withdraw shall be made
in a manner which the Company selects
in its sole discretion, although we will
try to accommodate your preferences as
indicated by you when you register.
16. Inactive Account
Fees.
If you do not access your Account by
"logging on" to your Account
using your Account name and password and
(i) place a cash wager, or (ii) enter
a tournament with a cash entry fee, or
(iii) play a raked hand, for any period
of 90 days, then after those 90 days (the
"90 day grace period") your
Account (and any related account with
any ESP) will be deemed "Inactive".
If your Account becomes Inactive, then
the Company is entitled to charge you
an administrative fee (the "Inactive
Account Fee"). The Company will deduct
$5 from your Account Balance on the day
following the end of the 90 day grace
period and then every thirty (30) days
thereafter in accordance with the Inactive
Account Fee Schedule.
We will stop deducting the Inactive Account
Fee from your Account Balance if your
Account is re-activated.
17. Abusive or Offensive
Language.
Abusive or offensive language will not
be tolerated on the chat boards, Games,
or otherwise by you on PokerAvenueUSA.COM
or with Company staff. Any violation of
this policy will result in a suspension
of playing privileges or such other action
as may be reasonably required by the Company
to ensure compliance. In addition, you
are not entitled to make untrue and/or
malicious and/or damaging comments with
regard to the Company's operation in any
media or forum.
18. Disclosure of Account
name and password.
You agree to keep your Account name and
password secret and confidential and not
to allow anyone else to use it. If you
intentionally or unintentionally, directly
or indirectly, disclose your Account name
and password to another person, and such
disclosure results in a third party participating
in the Games using your Account name and
password, such participation may be held
valid, and you will not be refunded any
resulting losses at PokerAvenueUSA.COM, regardless
of whether or not the third party had
your consent or not. The Company shall
not be required to maintain Account names
or passwords although if you have lost
your Account name or password, please
contact us for a replacement. If you misplace,
forget, or lose your account name or password
because of anything other than Company's
error, the Company shall not be liable.
19. Fraudulent
Activities and Prohibited Transactions.
The Company has a zero tolerance policy
towards inappropriate play and fraudulent
activity. If, in the Company's sole determination,
you are found to have cheated or attempted
to defraud the Company or any other user
of any of the Games in any way including
but not limited to game manipulation or
payment fraud, or if the Company suspects
you of fraudulent payment, including use
of stolen credit cards, or any other fraudulent
activity (including any chargeback or
other reversal of a payment) or prohibited
transaction (including money laundering),
the Company reserve’s the right to suspend
and/or close your Account and to share
this information (together with your identity)
to other online gaming sites, banks, credit
card companies, and appropriate agencies.
20. Security Review.
To maintain a high level of security
and integrity in the system, the Company
reserves the right to conduct a security
review at any time to validate your identity,
age, the registration data provided by
you, to verify your playing of the Games
and your financial transactions for potential
breach of this Agreement and of applicable
law. As such you authorize us and our
agents to make any inquiries of you and
for us to use and disclose to any third
party we consider necessary to validate
the information you provide to us or should
provide to us 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, you agree to provide
such information or documentation as the
Company, in its unfettered discretion,
may request.
21. Forfeiture
& Account Closure.
21.1 THE COMPANY RESERVES THE RIGHT,
IN ITS UNFETTERED DISCRETION AND IN RELATION
TO YOUR ACCOUNT, ANY RELATED ESP ACCOUNT,
ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES
AND/OR SERVICES OWNED OR
OPERATED BY OR ON BEHALF OF THE COMPANY
AND ANY SERVICES THAT SHARE THE SHARED
GAME/TABLE PLATFORM, TO WITHHOLD YOUR
ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT,
AND RECOVER ANY PAY-OUTS, BONUSES AND
WINNINGS IF:
(i) You are in breach of any term of this
Agreement;
(ii) The Company should become aware that
you have played at any other online gaming
site or services and are suspected of
fraud, collusion or unlawful or improper
activity;
(iii) You have "charged back"
or denied any of the purchases or deposits
that you made to your Account;
(iv) If you become bankrupt or analogous
proceedings occur anywhere in the world.
21.2 If after a Security Review (see
section 20 above) has been performed you
have either:
(i) Been found not to have been in compliance
with this Agreement; or
(ii) Not provided responses satisfactory
to Company in its sole discretion within
any reasonable timeframe specified in
a security review request or (where none
has been specified 30 days from the sending
or making of the request); then ANY WITHHELD
ACCOUNT BALANCES WILL BE DEEMED FORFEITED
AND YOUR ACCOUNT CLOSED.
22. Termination.
You agree to hold the Company, its employees,
officers, directors, licensees, licensors,
affiliates, and subsidiaries harmless
and further agree to fully indemnify them
from any and all costs, expenses, liabilities
and damages whatsoever that may arise
as a result of your breach of this Agreement.
23. Indemnity.
i. YOUR ACCESS TO PokerAvenueUSA.COM, DOWNLOAD
OF THE SOFTWARE AND PARTICIPATION IN THE
GAMES IS AT YOUR SOLE OPTION, DISCRETION
AND RISK. THE COMPANY SHALL NOT BE LIABLE
FOR COMPUTER MALFUNCTIONS OR ATTEMPTS
BY YOU TO PARTICIPATE IN THE GAME BY METHODS,
MEANS OR WAYS NOT INTENDED BY THE COMPANY.
ii. THE SERVICES, WEBSITE, GAMES AND THE
SOFTWARE ARE PROVIDED TO YOU "AS
IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED (WHETHER BY
LAW, STATUTE OR OTHERWISE), INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF APPLICABLE LAWS
AND REGULATIONS. THE COMPANY DOES NOT
WARRANT THE FUNCTIONS CONTAINED IN THE
SERVICES, THE GAMES OR THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, NOR THAT THEIR
OPERATIONS WILL BE UNINTERUPPTED OR ERROR
FREE.
iii. THE ENTIRE RISK AS TO THE USE QUALITY
AND PERFORMANCE OF THE SERVICES, THE GAMES
AND THE SOFTWARE BY YOU LIES WITH YOU.
iv. THE COMPANY'S MAXIMUM LIABILITY TO
YOU OR ANY THIRD PARTY ARISING OUT OF
THIS AGREEMENT OR YOUR USE OF THE SERVICES,
THE GAMES OR THE SOFTWARE, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT,
IF ANY, YOU HAVE PAID IN RAKES IN RELATION
TO PokerAvenueUSA.COM IN THE PREVOUS 12 MONTHS.
v. THE COMPANY WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES,
COSTS AND EXPENSES IN CONNECTION WITH
OR ARISING OUT OF THIS AGREEMENT OR YOUR
USE OF THE SERVICES THE GAMES, OR THE
SOFTWARE, HOWEVER THEY ARISE, WHETHER
FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF THE
COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY
OF SUCH DAMAGE.
vi. IN NO EVENT, SHALL COMPANY BE LIABLE
FOR ANY MALFUNCTIONS OF THE SOFTWARE,
BUGS OR VIRUSES, RESULTING IN LOST DATA
OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT
OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED
TO PROVIDE REDUNDANT OR BACKUP NETWORK
AND/OR SYSTEMS.
vii. TO THE EXTENT THAT THE COMPANY MAY
NOT, AS A MATTER OF LAW, DISCLAIM ANY
LIABILITY OR EXCLUDE ANY IMPLIED WARRANTY,
THE SCOPE AND DURATION OF SUCH WARRANTY
OR LIABILITY SHALL BE THE MINIMUM PERMITTED
UNDER APPLICABLE LAW.
viii. NOTHING IN THIS AGREEMENT WILL OPERATE
SO AS TO EXCLUDE ANY LIABILITY THE COMPANY
MAY HAVE IN RESPECT OF FRAUD OR DEATH
OR PERSONAL INJURY CAUSED BY THE COMPANY'S
NEGLIGENCE.
25. Settlement of Disputes.
You fully accept and agree that random
number generator ("RNG") software
will determine the shuffling and dealing
of cards and other randomly generated
events required in the Games. If there
is a discrepancy between the result showing
on the Software (as installed and operated
on your hardware) and our server, the
result showing on our server shall govern
the result of the Game. Moreover, you
understand and agree that (without prejudice
to your other rights and remedies) the
Company records shall be the final authority
in determining the terms of your participation
in the Games, the activity resulting there
from and the circumstances in which they
occurred.
26. Notices.
If you have any dispute with regard to
any outcome in the Games or any other
activity at PokerAvenueUSA.COM, you must
submit your complaint to Company in writing
within fourteen (14) days of the incident
by email to support@PokerAvenueUSA.com. Any
notice we give to you (save as otherwise
set out herein) will be sent to the email
address that you provided when you registered
your Account. It is your responsibility
to give us notice of any changes to this
address and regularly check your email
account for emails from the Company.
27. Governing
Law.
This Agreement shall be governed by and
construed in accordance with the laws
of Costa Rica without giving effect to
conflicts of law principles. You irrevocably
agree to submit, for the benefit of the
Company, to the exclusive jurisdiction
of the courts of Costa Rica for settlement
of any disputes or matters arising out
of or concerning this Agreement or its
enforceability. If any part of this Agreement
is found to be invalid, illegal or unenforceable
in any respect, it will not affect the
validity of the remainder of the Agreement,
which shall remain valid and enforceable
according to its terms.
28. Assignment.
We reserve the right to transfer, assign,
sublicense or pledge this Agreement, in
whole or in part, to any person without
notice and you will be deemed to consent
to such assignment. You may not assign,
sublicense or otherwise transfer or in
any manner whatsoever any of your rights
or obligations under this Agreement.
29. Third Party
Rights
Except insofar as this Agreement expressly
provides that a third party may in their
own right enforce a term of this Agreement,
a person who is not a party to this Agreement
has no right under local law or statute
to rely upon or enforce any term of this
Agreement but this does not affect any
right or remedy of a third party which
exists or is available other than under
local law or statute.
30. Entire Agreement,
Modification and Amendments.
You fully understand and agree to be
bound by this Agreement and as modified
and/or amended by the Company from time
to time. The Company may amend this Agreement
at any time by publishing the modified
Agreement on the relevant page of
PokerAvenueUSA.COM
or any place through which you access
the Services. Any such modification will
take effect immediately upon notification
and in any event within 30 days of publication.
If any modification is unacceptable to
you, your only recourse is to terminate
this Agreement. Your continued use of
the Software following notification or
as the case may be such 30 day period
will be deemed binding acceptance of the
modification. It is your sole responsibility
to review this Agreement and amendments
hereto each time you play. This Agreement
and the documents referred to herein represent
the complete and final agreement between
you and the Company and supersede any
and all prior agreements between you and
the Company.
PLEASE PRINT THIS PAGE AND STORE FOR
YOUR FUTURE REFERENCE. IN ADDITION, WE
SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION
RECEIPTS AND GAME RULES AS APPLICABLE
TO YOUR ACTIVITIES.
Modified December 12, 2005
PRIVACY POLICY
At PokerAvenueUSA.com, we respect your privacy
and are committed to protecting your personal
information. We have created this Privacy
Policy to let you know what information
we collect when you use the
PokerAvenueUSA.com
web site and online service (collectively,
the “Service”), why we collect this information
and how we use the collected information.
We may periodically make changes to this
Privacy Policy that we will notify to
you by posting the modified terms on the
website and we advise you to revisit this
Privacy Policy regularly.
1. Information Collected. We consider
information that may be used to identify
an individual, including, but not limited
to, first and last name date of birth,
credit card information, home or other
physical address, email address, phone
number or other contact information to
be “Personal Information”. You may be
asked to provide Personal Information
when you use our web site, register for
an Account or to use the Service. The
Personal Information that we collect may
include information such as: contact information
(including telephone number), shipping
information, billing information, transaction
history, web site usage preferences, and
feedback regarding the Service. This information
is held by us on servers based in Costa
Rica and elsewhere from time to time.
In addition, when you interact with the
Service, our servers keep an activity
log unique to you that collects certain
administrative and traffic information
including: source IP address, time of
access, date of access, web page(s) visited,
language use, software crash reports and
type of browser used which are essential
for the provision of and the quality of
the Service. We do not collect Personal
Information about you on the Service without
your knowledge.
2. Means of Collecting & Processing
Data. We may automatically collect certain
data as discussed above and receive Personal
Information about you where you provide
such information through the Service or
other communications and interactions
with PokerAvenueUSA.com. We may also receive
Personal Information from online vendors
and service providers that refer you to
the PokerAvenueUSA.com site, and from customer
lists lawfully acquired from third party
vendors. In addition, we may engage the
services of third-party service providers
to provide technical support, process
your online transactions and maintain
your online Accounts. We will have access
to any information you provide to such
vendors, service providers and third-party
e-commerce services and we will use the
Personal Information as set out in section
3 below. This information may be disclosed
only to our staff and to third parties
involved in the completion of your transactions
or in support of your use of the Service
as set out in section 3 below. We take
steps to ensure that our arrangements
with third party service providers and
online vendors protect your privacy.
3. Information Use. We use the Personal
Information we collect from you to deliver
our Service, to provide customer support,
to undertake necessary security and identify
verification checks, to process any of
your online transactions, meet certain
business requirements and for any other
purpose related to the operation of the
Service. Your Personal Information may
also be shared with our affiliates, subsidiaries,
agents and suppliers in order to provide
the Service and provide you with promotional
offers and information regarding PokerAvenueUSA.com
and those of our group companies. From
time-to-time, we may request information
from you via surveys or contests. Participation
in these surveys or contests is completely
voluntary, and, therefore, you have the
choice of whether or not to disclose such
information. Information requested may
include contact information (such as name,
correspondence address and telephone number),
and demographic information (such as zip
or postal code or age). If you choose
to participate in a survey or contest
and win, by accepting any contest prize
or winnings from us, you consent to use
of your name and likeness for advertising
and promotional purposes without additional
compensation, except where prohibited
by law. Unless you have elected not to
receive promotional information, we may
also use your Personal Information (including
your email address and phone number) to
provide you with information regarding
any similar products, services and promotions,
including other online gaming products
of ours and our affiliates. We will not
sell, lease or share your Personal Information
except as set forth in this Privacy Policy.
4. Certain Excluded Disclosures. We may
disclose your Personal Information if
required to do so by law, or if we believe
in good faith that such action is necessary
to: (1) comply with any legal process
served on us, the PokerAvenueUSA.com website
or the Service; (2) protect and defend
our rights or property; or (3) act to
protect the personal safety of users of
the Service or the public. If, in our
sole determination, you are found to have
cheated or attempted to defraud
PokerAvenueUSA.com
or any other user of the Service in any
way including but not limited to game
manipulation or payment fraud, or if we
suspect you of fraudulent payment, including
use of stolen credit cards, or any other
fraudulent activity (including any chargeback
or other reversal of a payment) or prohibited
transaction (including money laundering),
we reserve the right to share this information
(together with your identity) with other
online gaming sites, banks, credit card
companies, and appropriate agencies.
5. Access. You may “opt out” of receiving
any promotional communications either
by choosing to opt out where such option
is made available on the PokerAvenueUSA.com
website or the Service or in an email
you receive from us, or at any time by
sending an email to support@PokerAvenueUSA.com.
In addition you may contact us if you:
1). want to confirm the accuracy of the
Personal Information we have collected
about you; 2). would like to update your
Personal Information or delete your Personal
Information; and/or 3). have any complaint
regarding our use of your Personal Information.
If requested, we will change any information
you have provided to us or mark any information
to prohibit future use, provided that
you provide evidence as we may reasonably
require for such changes.
6. Cookies. Cookies are small text files
that are stored on your computer or equipment
when you visit certain online pages that
record your preferences. We use cookies
to track use of the PokerAvenueUSA.com site.
We also may use cookies to monitor traffic
to the site, improve the Service and make
it easier and/or more relevant for your
use. You have the ability to accept or
decline cookies. Most online browsers
automatically accept cookies, but if you
prefer you can usually modify your browser
setting to decline cookies. If you choose
to decline cookies, you may not be able
to fully experience the interactive features
of the PokerAvenueUSA.com online sites.
7. Consent to Use of Electronic Service
Providers. In order to play Real Money
games on the Service, you will be required
to send money to and receive money from
us. We may use third party electronic
payment processors and/or financial institutions
("ESPs") to process such financial
transactions. By accepting this Privacy
Policy, you consent to Personal Information
necessary for the processing of transactions
being shared with ESPs, including where
necessary the transfer of information
outside of your country. We take steps
to ensure that our arrangements with ESPs
protect your privacy.
8. Consent to Security Review. We reserve
the right to conduct a security review
at any time to validate your identity,
age, the registration data provided by
you and to verify your use of the Service
and your financial transactions for potential
breach of our Terms and Conditions and
of applicable law. By accepting this Privacy
Policy, you authorise us, our staff, affiliates,
subsidiaries, agents and suppliers to
use your Personal Information and to disclose
your Personal Information to third parties
for the purposes of validating the information
you provide to us in the course of using
the Services, including where necessary
the transfer of information outside of
your country. Security reviews may include
but are not limited to ordering a credit
report and/or otherwise verifying the
information you provide against third
party databases. In addition, to facilitate
these security reviews, you agree to provide
such information or documentation as we
may request.
9. Consent to Use of Anti-Cheating Software.
Our software package used to access and
use the Service contains certain features
designed to detect use of automated programs
that enable artificial (non-human) intelligence
to play on our site. Use of such “bot”
software programs violates our Terms and
Conditions where we deem it detrimental
to other players. By installing our software
and using the Service, you consent to
our software performing the functions
described in this section. Our software
may perform any or all of the following
functions in order to detect the use of
illicit automated programs and ensure
that we maintain a “cheat free” environment
for all users: (1) scan your list of active
software applications while you are using
the Service, (2) scan your list of active
processes while you are using the service,
(3) scan the files in your PokerAvenueUSA.com-related
program folders to ensure that only “non-hacked”
versions of our software are being used.
If any of the foregoing processes reveals
a suspect application or process, our
software may (1) scan the files associated
with the suspect application or process
and compile a composite mesh (i.e. a profile
that characterizes the files associated
with the application or process) to be
matched against profiles for known illicit
automated programs, and (2) capture a
screenshot of your desktop or navigation
pages, and transmit these to
PokerAvenueUSA.com
for review. Our software will not perform
any random search of large portions of
your hard drive or equipment other files,
and will not transmit any information
to us or to any third party other than
the information necessary to identify
use of illicit automated program as described
above. Our software will not alter any
files or information on your computer
or other equipment, and will not interfere
with the operation of any of your applications.
You may terminate use of our software
at any time by uninstalling the
PokerAvenueUSA.com
software package.
10. Security. We understand the importance
of information security and the techniques
needed to secure information. We store
all of the Personal Information we receive
directly from you in a password-protected
database residing within our secure network
behind active state-of-the-art firewall
software. The PokerAvenueUSA.com online site
and the Service supports SSL Version 3
with 128 bit encryption. We take steps
to ensure our subsidiaries, agents affiliates
and suppliers also employ adequate levels
of security.
11. Protection of Children. The Service
is not intended for or directed to persons
under the age of 18. Any person who provides
their information to us through any part
of the Service represents to us that they
are 18 years of age or older. It is our
policy to endorse the Children’s Online
Privacy Protection Act of 1998 and to
use our best efforts to comply with that
Act. This may involve us having to access
and verify your Personal Information.
If we become aware that a minor has attempted
to or has submitted personal information
via the online site, we will not accept
this information and will take steps to
remove such information from our records.
12. International Transfers. Personal
Information collected on the Service may
be stored and processed in any country
in which we or our affiliates, suppliers,
subsidiaries or agents maintain facilities,
and by using the Service, you consent
to any transfer of information outside
of your country (including to third countries
which may not have been assessed as having
adequate privacy laws). Nevertheless,
we take steps to ensure that our affiliates,
agents, subsidiaries and suppliers comply
with our standards of privacy regardless
of their location.
13. Third-Party Practices. We cannot
ensure the protection of any information
or images that you provide to a third-party
online site that links to or from the PokerAvenueUSA.com website or any information
collected by any third party administering
our affiliate program or any other program,
since these third-party online sites are
owned and operated independently of us.
Any information collected by these third
parties is not governed by this Privacy
Policy but by the privacy policy, if any,
of such third party. If you have questions
about a third party’s information practices,
please read its privacy policy. We assume
no responsibility or liability whatsoever
for the practices, actions or policies
of such third parties, and is not responsible
for the content or privacy practices of
such online sites.
14. Legal Disclaimer. The Service operates
“AS-IS” and “AS-AVAILABLE,” without liability
of any kind. We are not responsible for
events beyond our direct control. Because
of the complex and constantly changing
nature of our technology and business,
we cannot guarantee nor do we represent
that there will be error-free performance
regarding the privacy of your Personal
Information, and we will not be liable
for any indirect, incidental, consequential
or punitive damages relating to the use
or release of Personal Information.
15. Merger. If we should ever file for
bankruptcy or be acquired by a third party,
merge with a third party, sell all or
part of our assets, or otherwise transfer
substantially all of our relevant assets
to a third party, we are entitled to share
the Personal Information and all other
information you have provided through
the Service to potential and subsequent
business and merger partners.
16. Consent to Privacy Policy. By clicking
“Yes” during the registration process
or by your continued use of the Service
following the posting of this Privacy
policy (as applicable) you agree to this
Privacy Policy. This is our entire and
exclusive Privacy Policy and it supersedes
any earlier version. This Privacy Policy
should be read in conjunction with our
Terms and Conditions and any additional
applicable terms posted on our online
sites. We may periodically make changes
to this Privacy Policy that we will notify
to you by way of posting the modified
terms on the online sites and we advise
you to revisit the Privacy Policy regularly.
Modified December 12, 2005
PokerAvenueUSA.com