ALLCARDROOM TERMS OF USE
INTRODUCTORY INFORMATION:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, USING OR BROWSING ALLCARDROOM OR ANY OF THE CONTENT OR SERVICES ON THE PLATFORM.
THESE GENERAL TERMS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND ALLCARDROOM GAMING, INC AND GOVERN YOUR USE OF IT’S GAMES AND/OR PLATFORM IN ANY WAY. FOR THE AVOIDANCE OF DOUBT, WHILE SOME GAMES MAY BEAR RESEMBLANCE TO CARD GAMES AND SLOT-MACHINES IN REAL-WORLD CASINOS, THE GAMES IN NO WAY OFFER REAL MONEY GAMBLING OPPORTUNITIES. NO REAL MONEY IS REQUIRED TO PLAY ANY GAMES ON THE PLATFORM AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. NO PURCHASE IS NECESSARY TO ENTER AND PLAY GAMES IN ALLCARDROOM SWEEPSTAKES PLAY. FURTHERMORE, THESE TERMS OF USE EXPRESSLY INCORPORATE AND ARE INSEPARABLY LINKED TO ALLCARDROOM’S PRIVACY POLICY, ALLCARDROOM’S OFFICIAL SWEEPSTAKES RULES, LEGAL NOTICES, AND RESPONSIBLE SOCIAL GAMEPLAY POLICY.
ALLCARDROOM IS NOT AVAILABLE IN THE STATE OF WASHINGTON AND THE STATE OF MICHIGAN. ALLCARDROOM SWEEPSTAKES PLAY IS ONLY AVAILABLE TO PARTICIPANTS IN THE UNITED STATES (EXCLUDING THE STATE OF WASHINGTON, THE STATE OF NEVADA, THE STATE OF MICHIGAN AND THE STATE OF IDAHO) AND THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC). CHECK SECTION 2 OF THE ALLCARDROOM OFFICIAL SWEEPSTAKES RULES TO CHECK YOUR ELIGIBILITY.
ALLCARDROOM IS NOW OFFERING A “REFER-A-FRIEND” PROGRAM, WHEREBY PLAYERS MAY REFER FRIENDS TO JOIN ALLCARDROOM AND RECEIVE ALLCARDROOM REFERRAL BONUS REWARDS FOR EACH REFEREE THEY CAUSE TO SIGN UP FOR A ALLCARDROOM USER ACCOUNT (MAXIMUM 2500 REFERRAL BONUS REWARDS PER PROMOTION PERIOD). FOR MORE INFORMATION ON ALLCARDROOM’S “REFER-A-FRIEND” PROGRAM SEE SECTION 22 BELOW.
IMPORTANT INFORMATION ABOUT BINDING AND FINAL ARBITRATION
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT,” WHICH SAYS THAT YOU AND ALLCARDROOM GAMING, INC AGREE TO RESOLVE DISPUTES SOLELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT CLASS-WIDE OR CONSOLIDATED BASIS. AMONG OTHER THINGS, THIS MEANS YOU WAIVE THE RIGHT TO RESOLVE DISPUTES IN COURT OR BEFORE A JURY. THESE TERMS OF USE ALSO CONTAIN A LIMITATION ON THE TIME PERIOD YOU HAVE A RIGHT TO BRING A CLAIM AGAINST ALLCARDROOM AFTER THE RELEVANT EVENTS HAVE OCCURRED.
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT” BELOW FOR INSTRUCTIONS ON HOW TO OPT OUT.
FOR PLAYERS IN THE UNITED STATES:
ALLCARDROOM GAMING, INC (“ALLCARDROOM” or “ALLCARDROOM”), hosts an interactive and social platform regarding ALLCARDROOM GAMING, INC’s gaming resource in the social and wager gaming industries through this engaging interactive application/website “ALLCARDROOM” allcardroom.com, allpoker.com, Apps (ALLCARDROOM and ALLPOKER), Facebook Page www.facebook.com/allcardroom/ or www.facebook.com/allpoker, (Please note, if accessing from Facebook.com you are also bound by the terms and conditions and privacy policy of Facebook.com.) and third-party providers. The following governs your access and use of ALLCARDROOM, including both the ALLCARDROOM Classic Platform and the ALLCARDROOM Sweeps Platform, all information, games, accounts, multimedia, comments, and other information and/or any other content (collectively, “Content”) available on or through ALLCARDROOM, as engaged by you or other users. For convenience, the term “ALLCARDROOM,” shall include ALLCARDROOM GAMING, INC, its executives, directors, employees, contractors and affiliates.
BY ELECTRONICALLY ACCESSING ALLCARDROOM, CREATING A USER ACCOUNT ON ALLCARDROOM AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH ALLCARDROOM GAMING, INC AND/OR ALLCARDROOM, YOU AGREE:
YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF USE AND LEGAL NOTICES CONTAINED HEREIN; AND YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE, OFFICIAL SWEEPSTAKES RULES, PRIVACY POLICY, RESPONSIBLE SOCIAL GAMEPLAY POLICY AND LEGAL NOTICES; AND YOU ARE AT LEAST 18 YEARS OLD AT TIME OF ACCESS OR REGISTRATION, OR AT LEAST 19 YEARS OLD IF YOU ARE A LEGAL RESIDENT OF ALABAMA OR NEBRASKA, OR AT LEAST 21 YEARS OLD IF YOU ARE A LEGAL RESIDENT OF CALIFORNIA.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE ALLCARDROOM OR ANY OF THE CONTENT. MOREOVER, ALLCARDROOM DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE ALLCARDROOM OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
ALLCARDROOM reserves the right, in its sole discretion, to revise or modify these Terms of Use at any time. Users are responsible for reviewing ALLCARDROOM’s Terms of Use periodically. Your continued accessing ALLCARDROOM or any informational or interactive media services by or through ALLCARDROOM after a change or modification of the Terms of Use will constitute your acceptance of the revised Terms of Use. The date of the most recent Terms of Use will be posted at the top of this document.
PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR GAMBLING ACTIVITY AND YOU ACKNOWLEDGE THAT ALLCARDROOM DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE UNLESS IT IS RELATED TO THE ALLCARDROOM SWEEPSTAKES.
GENERAL PERMISSIONS AND RESTRICTIONS:
ALLCARDROOM hereby grants you permission to access and use ALLCARDROOM as set forth herein, provided that:
1.You agree not to alter or modify any part of ALLCARDROOM, except as provided for herein.
2.You agree not to access ALLCARDROOM Content through any technology or means other than the authorized webpages and/or applications designated by ALLCARDROOM, or other explicitly authorized means ALLCARDROOM may designate in writing.
3.You agree not to use ALLCARDROOM for any commercial use without the prior written authorization of ALLCARDROOM. Prohibited commercial uses include any of the following actions taken without ALLCARDROOM’s express approval:
1.sale of access to ALLCARDROOM or its related services on another website;
2.use of ALLCARDROOM or its related services for the primary purpose of gaining advertising or subscription revenue;
3.the sale of advertising, on the ALLCARDROOM website or any Third-Party Website, targeted to the content of specific ALLCARDROOM Content; and
4.any use of ALLCARDROOM or its related services that ALLCARDROOM finds, in its sole discretion, to use ALLCARDROOM Content with the effect of competing with or displacing the market for ALLCARDROOM or ALLCARDROOM Content.
4.Prohibited commercial uses do not include any use that ALLCARDROOM expressly authorizes in writing.
5.Where expressly allowed by ALLCARDROOM, if you use any ALLCARDROOM Content on another website, you must include a prominent text link back to ALLCARDROOM on the pages where the ALLCARDROOM Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized ALLCARDROOM Content.
6.You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses ALLCARDROOM in any manner. Notwithstanding the foregoing, ALLCARDROOM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ALLCARDROOM reserves the right to revoke these exceptions either generally or in specific cases.
7.You agree not to collect or harvest any personally identifiable information, including ALLCARDROOM User Account names, from ALLCARDROOM, nor to use the communication systems provided by ALLCARDROOM (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
8.You will otherwise comply with the Terms and Conditions contained herein, and all applicable local, national, and international laws and regulations.
9.ALLCARDROOM reserves the right to discontinue any aspect of ALLCARDROOM at any time.
LICENSE:
1.You agree by accessing, browsing or otherwise using ALLCARDROOM, ALLCARDROOM and the Content are and remain the sole property of ALLCARDROOM or third-party providers, as applicable. Except as expressly permitted by ALLCARDROOM in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view ALLCARDROOM and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by ALLCARDROOM) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted to upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
2.Unless otherwise provided in writing by ALLCARDROOM, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, use in a manner prohibited by applicable laws or regulations, decompile or disassemble any aspect of ALLCARDROOM or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
ADDITIONAL USER RESTRICTIONS:
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on ALLCARDROOM.
1.The Content on ALLCARDROOM, including without limitation, the Games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to ALLCARDROOM or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on ALLCARDROOM is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. ALLCARDROOM reserves all rights not expressly granted in and to ALLCARDROOM and the Content.
2.To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of ALLCARDROOM. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of ALLCARDROOM or otherwise as prohibited herein.
3.You may access ALLCARDROOM Content and other content only as permitted herein. ALLCARDROOM reserves all rights not expressly granted in and to the ALLCARDROOM Content and the ALLCARDROOM website and application.
4.You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through ALLCARDROOM for any commercial purposes.
5.You agree not to circumvent, disable or otherwise interfere with security-related features of ALLCARDROOM or features that prevent or restrict use or copying of any Content or enforce limitations on use of ALLCARDROOM or the Content therein.
6.You understand that when using ALLCARDROOM, you may be exposed to content from a variety of sources, and that ALLCARDROOM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party content.
7.You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ALLCARDROOM with respect thereto, and agree to indemnify and hold ALLCARDROOM, its Owners/Operators, officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
APPLE DISCLAIMERS:
Users acknowledge and agree that this Agreement is solely between you and ALLCARDROOM only, and not with Apple, Inc. (“Apple”). Users further acknowledge and agree that:
1.Apple and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
2.Apple has no responsibility for the iOS ALLCARDROOM app or any included content.
3.In the event of any failure of the iOS ALLCARDROOM app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS ALLCARDROOM app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS ALLCARDROOM app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
4.Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS ALLCARDROOM app or your possession and/or use of the iOS ALLCARDROOM app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS ALLCARDROOM app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
5.In the event of any Third-Party claim that the iOS ALLCARDROOM app or your possession and use of the iOS ALLCARDROOM app infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
GOOGLE DISCLAIMERS:
Users acknowledge and agree that this Agreement is solely between you and ALLCARDROOM only, and not with Google, Inc. (“Google”) Users further acknowledge and agree that:
1.Google and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
2.Google has no responsibility for the ALLCARDROOM app or any included content.
3.In the event of any failure of the Android ALLCARDROOM app to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Android ALLCARDROOM app to you (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android ALLCARDROOM app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
4.Google is not responsible for addressing any of your claims or those of any third-party relating to the Android ALLCARDROOM app or your possession and/or use of the Android ALLCARDROOM app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the ALLCARDROOM app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
5.In the event of any Third-Party claim that the Android ALLCARDROOM app or your possession and use of the Android ALLCARDROOM app infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
6.Your use of the Android ALLCARDROOM app must comply with Google’s then-current Android Market Terms of Service.
THIRD-PARTY SITES:
1.ALLCARDROOM may contain links to Third Party Websites that are not owned or controlled by ALLCARDROOM. ALLCARDROOM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, ALLCARDROOM will not and cannot censor or edit the content of any Third-Party Website. By using ALLCARDROOM, you expressly relieve ALLCARDROOM from any and all liability arising from your use of any Third-Party Website.
2.You additionally acknowledge that some of the Third-Party Websites accessible through ALLCARDROOM may be fraudulent in nature in an effort to reveal personal information such as passwords, account information, and credit card information. These fraudulent sites may offer the chance to win or purchase ALLCARDROOM Coins, Game Coins, Social Cash at lower prices. You agree that ALLCARDROOM will not be liable for any actions you take at the request of these Third-Party Websites. ALLCARDROOM IS THE ONLY ENTITY AUTHORIZED TO OFFER ALLCARDROOM COINS, GAME COINS, SOCIAL CASH. NO OTHER THIRD-PARTY ENTITY IS AUTHORIZED TO DO SO. Any such offer shall be deemed fraudulent and will be disregarded.
3.All Third-Party Websites are bound by their own Terms and Conditions outlined by that Party, including Prizeout. More information on Prizeout can be found in the ALLCARDROOM Official Sweepstakes Rules.
ALLCARDROOM USER ACCOUNT:
1.In order to access some features of ALLCARDROOM, you may have to create a ALLCARDROOM User Account either directly or through one of ALLCARDROOM ™ strategic business partners (e.g. Facebook, Inc.), which may also work with ALLCARDROOM. You agree never to use another’s User Account without permission. When creating your User Account, you must provide accurate and complete information. If you wish to update your address, email, phone number, or other contact information, you may contact ALLCARDROOM support at the email below. The name you provide when registering your User Account must match that on your government-issued ID. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ALLCARDROOM has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ALLCARDROOM reserves the right to suspend or terminate your User Account immediately and refuse any and all current or future use of the ALLCARDROOM service (or any portion thereof), and declare any Prizes or Virtual Currency won invalid.
2.If your User Account is created via your Facebook account, you are allowing ALLCARDROOM to access your Facebook account information. If you access ALLCARDROOM from Facebook, you shall comply with the terms of service of Facebook as well as these Terms.
3.You are solely responsible for the activity that occurs on your User Account, and you must keep your password secure. You must notify ALLCARDROOM immediately of any breach of security or unauthorized use of your User Account. Although ALLCARDROOM is not liable for any of your losses caused by any unauthorized use of your User Account, you shall be liable for those losses of ALLCARDROOM or others due to such unauthorized use.
4.Any information collected by ALLCARDROOM will be held subject to ALLCARDROOM’s Privacy Policy, available at.
5.SINGLE ACCOUNT: You are allowed to register one (1) User Account, including any Inactive Accounts you may have, on the Platform. Should you attempt to open more than one (1) User Account, all open User Accounts in your name will be immediately suspended or closed. This includes the use of representatives, relatives, associates, affiliates, related parties, connected persons, and/or third parties operating on your behalf. You must notify ALLCARDROOM if you believe you have more than one User Account, whether they are all active or not.
6.Suspected Fraud and/or Abuse will result in your User Account being closed and your winnings will be removed, solely at the discretion of ALLCARDROOM. ALLCARDROOM reserves the right to cancel any bonuses, and may remove any winnings or Virtual Currency from your User Account if there is suspicion of fraud or abuse. Fraud or abuse includes, but is not limited to:
1.Delaying game rounds in any game, including free spins and bonus features, to a later time when you have no playing requirements;
2.Leaving large sums of Virtual Currency on the table and returning to the game after bonus play has been completed;
3.Playing games with bonus Virtual Currency to build up in-game value, lose the bonus Virtual Currency, and then redeem on the built-up value if in SWEEPSTAKES PLAY; and
4.Using strategies that take advantage of any software bug or failure.
USER IDS AND PASSWORDS:
Access to certain areas of ALLCARDROOM or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering process for a User Account with ALLCARDROOM. By registering, you represent, warrant and covenant that:
1.You are of lawful age in your jurisdiction to access ALLCARDROOM Content, but in no case under 18 years of age;
2.You are using your actual identity;
3.You have provided only true, accurate, current, and complete information about yourself during the registration process; and
4.You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
2.User ID’s on ALLCARDROOM may not include: (i) References to breaking the law, including terrorism and child exploitation (ii) violence and/or threats (iii) hateful conduct (iv) harassment and sexual harassment (v) unauthorized sharing of private information (vi) impersonation (vii) glorification of natural or violent tragedies (viii) self-destructive behavior (ix) references to recreational drugs, hard drugs, and drug abuse, with exceptions for alcohol, tobacco, and marijuana (x) references to gaming addiction and gambling addition (xi) references to sexual acts, genitalia, or sexual fluids. Indefinite suspensions will be issued, at our sole discretion, for User ID’s that violate these Terms.
3.By logging onto ALLCARDROOM using any password, you represent, warrant, and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through ALLCARDROOM that occur through your User Account or with your User ID. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any other person or third-party.
4.In addition, you agree that you are entirely responsible for any and all activities which occur under your User Account or with your User ID whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your User Account should you fail to sufficiently disconnect and/or log off ALLCARDROOM and/or a public computer system. Accordingly, you absolve and release ALLCARDROOM from any claim of harm resulting from a third party undertaking the activities.
5.ALLCARDROOM reserves the right to deny or revoke access to ALLCARDROOM, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password please notify ALLCARDROOM immediately.
6.You may not transfer ALLCARDROOM Coins, Game Coins, Social Cash between User Accounts, or from your User Account to that of another Player or any other Third Party Further, you may not receive ALLCARDROOM Coins, Game Coins, Social Cash from other Players into your User Account. You may not offer any Virtual Currency to any other party. Any attempt to circumvent these prohibitions may be grounds for termination of your User Account, without prejudice to any other rights or remedies available to ALLCARDROOM.
7.ALLCARDROOM reserves the right to close, deactivate, or terminate your User Account if it deems, at its sole discretion, the User Account to be Dormant. A User Account will be deemed Dormant if there has been no login activity to the User Account for a period of sixty (60) consecutive days. Players will be sent warnings by the ALLCARDROOM customer service team as a Player nears the end of the sixty (60) day period of no login activity. If an account becomes Dormant, ALLCARDROOM will remit the balance of the redeemed value of Prizes in your User Account to you as may be required under applicable law.
8.In the event you wish to close your ALLCARDROOM User Account, you may do so at any time by contacting ALLCARDROOM support at the email below and submitting a request to do so. By closing your User Account, you agree to forfeit all continued access to and right to use, enjoy or benefit from any ALLCARDROOM Coins, Game Coins, Social Cash or potential unredeemed prizes associated with your User Account. A closed User Account may be reopened by contacting support at the email below and requesting re-activation of your User Account. ALLCARDROOM will evaluate all such requests and re-open accounts at its sole discretion.
SITE MONITORING:
1.ALLCARDROOM may monitor or review any areas on ALLCARDROOM where users upload Content, transmit or post Content or communicate with each other, or the like. However, ALLCARDROOM does not undertake to monitor or review every posting or communication, and ALLCARDROOM disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, offensive speech or otherwise. Any instances of posts or communications which violate these Terms are subject to indefinite suspension at ALLCARDROOM’s sole discretion.
2.While ALLCARDROOM may monitor the content of the communications from time to time, ALLCARDROOM does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of ALLCARDROOM. ALLCARDROOM, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
3.ALLCARDROOM may disclose any records, electronic communications, information, materials, or other content of any kind (i) if ALLCARDROOM believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate ALLCARDROOM; or (iii) to protect our rights or property or the rights or property of our users and business partners.
·PUBLICITY AND SUBMISSIONS:
1.Except where prohibited by law, accessing and engaging ALLCARDROOM constitutes each Player's consent to ALLCARDROOM's and its agent's use of Players' name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payments, notice or consideration.
2.A Submission to ALLCARDROOM or a post to any of its social media pages constitutes Player’s consent to give ALLCARDROOM a royalty-free, irrevocable, perpetual, non-exclusive license to use such submission or post on a worldwide basis, and to incorporate it into other works, in any form, media or technology not known or later developed, including for promotional or marketing purposes. If requested, Player will sign any documentation that may be required for ALLCARDROOM or its designees to make use of the non-exclusive rights Player is granting to use the submission or post.
PATENTS :
ALLCARDROOM’s novel AR technologies, methodologies, technological improvements, and overall business methods (collectively “Patentable Subject Matter”) is patented in the United States and Canada.
COPYRIGHTS:
ALLCARDROOM and the Content contained and referenced therein are subject to copyrights owned by ALLCARDROOM and is for your informational and entertainment purposes only. Any reproduction, re-transmission or other use is strictly prohibited, except as otherwise provided herein or in writing by ALLCARDROOM. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to ALLCARDROOM GAMING, INC.
TRADEMARKS:
1.All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on ALLCARDROOM are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of ALLCARDROOM or its affiliates or licensors. In countries where any of the ALLCARDROOM trademarks, service marks, domain names, logos and company names are not registered, ALLCARDROOM claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on ALLCARDROOM may be trademarks of their respective owners.
2.ALLCARDROOM does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademarks. With respect to the Other Trademarks owned by ALLCARDROOM, you may contact ALLCARDROOM by sending a letter to ALLCARDROOM GAMING, INC, ALLCARDROOM GAMING, INC to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to ALLCARDROOM.
OTHER INTELLECTUAL PROPERTY RIGHTS:
1.All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of ALLCARDROOM and the Content, and all intellectual property rights embodied therein, are the property of ALLCARDROOM or its licensors, suppliers or affiliates.
2.Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
1.the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to ALLCARDROOM, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
2.You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
3.You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with ALLCARDROOM;
4.You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
5.You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
6.Misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to ALLCARDROOM and that in such event money damages may not constitute sufficient compensation to ALLCARDROOM; consequently; and
7.In the event of any misappropriation or misuse, ALLCARDROOM shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which ALLCARDROOM may be entitled.
3.In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
ALLCARDROOM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide ALLCARDROOM’s Copyright Agent a written Notice containing the following information:
1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.A description of the copyrighted work or other intellectual property that you claim has been infringed;
3.A description of where the material that you claim is infringing is located on the Service (e.g., web page link);
4.Your address, telephone number, and email address;
5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
7.ALLCARDROOM’s Copyright Agent can be reached in the following ways:
1.Mail: Copyright Agent/Legal, ALLCARDROOM GAMING, INC
2.Email: Legal@ALLCARDROOM.com.
NOTICE OF ENFORCEMENT:
ALLCARDROOM vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, ALLCARDROOM may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
GAMES:
1.All Games available to play on both the ALLCARDROOM Classic Platform and the ALLCARDROOM Sweeps Platform possess their own rules and odds of winning. The individual rules and odds for each Game will be available to Players in the pay tables once the Game has been launched. It is the Player’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each Game.
2.ALLCARDROOM reserves the right to declare any one play, spin, or other form of participation in a Game void, either partially or in full, if there is an error, mistake, misprint, or technical error on the pay table, win table, minimum or maximum stakes, odds, or software.
3.In the event of a difference or discrepancy between the result showing on a Player’s screen and the result showing on the ALLCARDROOM software server, the result showing on the ALLCARDROOM software server shall be the governing result.
4.Live Dealer Games:
1.ALLCARDROOM offers Players the chance to play various casino games in a live dealer setting using GC and/or SC. These Live Dealer Games involve events via the Services where Players will be Playing against the house and or with other Players. The Live Dealer Games include favorites such as Roulette, Baccarat, Texas Hold’em, Blackjack, and Pai Gow among others. ALLCARDROOM reserved the right to add or remove Live Dealer Games as it sees fit. Individual Live Dealer Game rules and VC pay-outs will be available to the Players in the individual Live Dealer Game pay tables while playing the individual Live Dealer Game. It is the Player’s responsibility to thoroughly review the rules of each Live Dealer Game.
2.Please note that ALLCARDROOM cannot control certain actions of those Players, who may be for example undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences.
3.If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let ALLCARDROOM know as soon as possible and provide as much information as possible such as Game round ID, screenshots, video or any other identifying information such as action taken by the player, seat position or any other information related to the fraudulent claim.
4.ALLCARDROOM will take reasonable steps to prevent such unacceptable behavior, however, ALLCARDROOM will not be liable for any loss or damage which you may incur as a result of such third party collusion, fraud, cheating, or otherwise illegal activity. Players may leave a Live Dealer Game table at any time at their own discretion. Should the Player elect to leave the table after playing their hand and after the play time locks, the results of the round will still reflect in the Player’s VC Wallets.
5.Please note that in the case of Live Dealer games, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the Live Dealer Game, including for example (but without limitation), through delayed coverage, a slow internet connection or equipment, or other system flaws, faults, errors or service interruption. ALLCARDROOM shall not be liable for any delay in relaying up-to-date information related to the Live Dealer Game.
6.Interactions with Live Dealer: Players will be able to interact and directly communicate with the dealer while playing a Live Dealer Game. It is the Player’s responsibility to act in an appropriate, friendly, and professional manner. Players may not belittle, attack, threaten, harass, insult or otherwise argue with the dealer or other Players. Any Player found to have violated this term or be reported to ALLCARDROOM by the Live Dealer Game operator may be subject to account suspension, termination or a permanent ban from ALLCARDROOM.
VIRTUAL CURRENCY:
1.ALLCARDROOM may permit a Virtual Currency to be used for accessing and playing its Content and/or Games (“Virtual Currency”). Four (4) types of Virtual Currency will be available to Players to play Games with on both the ALLCARDROOM Classic Platform and the ALLCARDROOM Sweeps Platform: (1) ALLCARDROOM Game Coins (“GC), and Social Cash (“SC”).
2.GC are only available to Players to play games in Standard Social Gameplay on the ALLCARDROOM Sweeps Platform. A Player’s GC balance is not transferable between the ALLCARDROOM Classic Platform and ALLCARDROOM Sweeps Platform. GC’s possess no real money value and may be obtained for free in various ways such as a daily bonus, a free allotment every 4 hours, a daily wheel spin, by winning spins in Standard Social Gameplay, or other methods ALLCARDROOM may establish. GC may also be purchased from ALLCARDROOM for valid government-issued currency. By purchasing GC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, GC are not redeemable for any government-issued currency that is, such GC should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by ALLCARDROOM, or as otherwise expressly indicated by ALLCARDROOM.
3.SCs are only available for gameplay on the ALLCARDROOM Sweeps Platform when Players elect to play games in SWEEPSTAKES PLAY. SC are not available for purchase like GC are. SC may be obtained in a number of ways such as a daily allowance provided upon login, spinning a daily wheel, as a bonus to purchasing GC, or by submitting a Request Card. See the ALLCARDROOM Official Sweepstakes Rules for more information on how to collect, use, and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.
4.It is the Player’s responsibility to ensure the single spin VC play amount reflects the amount of VC a Player actually intends to play on any one spin. Unless otherwise contemplated in these Terms, ALLCARDROOM will not be responsible for a Player’s negligence in playing a greater amount of VC than they intended. This applies to all Games, including Live Dealer Games where a Player may split their hand or double their play amount, the Player must have the proper VC Balance available in order to do so.
PURCHASING ALLCARDROOM COINS, GAME COINS:
1.The Payment Medium you use to purchase GC must be legally and beneficially owned by you and must be in your name. Should ALLCARDROOM learn that the name used to register your User Account is different from the name associated with your Payment Medium, your User Account will be immediately suspended. In the event this happens to you, you must contact Customer Support at the email below to resolve the issue.
2.ALLCARDROOM reserves the right to request documents and information to verify your identity and the legal and beneficial ownership of the Payment Medium you use to purchase, GC.
3.You further agree that ALLCARDROOM, its Payment Administration Agent(s), and payment facilitators may store and keep your payment information (i.e. card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Use, you authorize ALLCARDROOM, its Payment Administration Agent(s) and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
4.Except as provided by ALLCARDROOM, transfer or sale of Virtual Currency is strictly prohibited between users of ALLCARDROOM for any government-backed currency value or otherwise.
5.All sales of Virtual Currency are final, unless at ALLCARDROOM’s discretion a refund is deemed necessary for any reason suitable for ALLCARDROOM. Upon termination or suspension of your ALLCARDROOM User Account, all Virtual Currency remaining in your account may be forfeited at ALLCARDROOM’s sole discretion. The purchase of, GC constitutes the purchase of a limited license that allows you to participate in Standard Social Gameplay and is not the deposit of funds that may be withdrawn from at any point.
6.All uses of both , GC and SC that have been submitted for play and accepted are final and cannot be changed, withdrawn or canceled.
7.All Virtual Currency purchases shall be executed in USD and it is a Player’s responsibility to ensure and confirm that their nominated bank account can accept and process transactions in USD.
8.Players will be responsible for all foreign exchange transaction fees, charges, or other related costs they may incur in relation to payments made by ALLCARDROOM, including but not limited to any losses or costs arising from foreign exchange fluctuations.
VIRTUAL CURRENCY BALANCES:
1.Players may only participate in any Game if they possess the sufficient number of GC or SC (depending on mode of play) in their ALLCARDROOM User Account to be eligible to participate. Under no circumstance will ALLCARDROOM extend a Player any credit for the purchase of GC.
2.Once a Player makes a , GC Purchase, the funds will be drawn from the Players elected Payment Medium as soon as practicable and the purchased , GC and any gifted SC if they are included in the purchased GC package, will be added to the Player’s Virtual Currency Wallets.
3.Players Virtual Currency balances will be displayed in their Virtual Currency Wallets (“VCW”). Each Player will have two VCW’s on the ALLCARDROOM Classic Platform: (1) ALLCARDROOM Coin Wallet and (2) SC Wallet. Each Player will also have two VCW’s on the ALLCARDROOM Sweeps Platform: (1) GC Wallet and (2) SC Wallet. On the ALLCARDROOM Sweeps Platform, a Player may click on their SC Wallet for a dropdown menu which will display their total SC balance, Redeemable SC balance, and Unplayed SC balance. A Player’s Diamond balance will always be available to the Player at the top of the screen on both the ALLCARDROOM Classic Platform and the ALLCARDROOM Sweeps Platform.
4.In the event a Player runs out of and does not wish to purchase additional or wait for the next free allotment or bonus opportunity, a select few games will always be offered in the Free Room on the ALLCARDROOM Classic Platform. A Player playing Games in the Free Room will be given a set number of for the initial session. If the Player run out of during that session, they need only reload the game to start a new session and the full balance will reset. Games being played in the Free Room do not take Virtual Currency from the Player’s Virtual Currency Wallets.
5.You agree that ALLCARDROOM has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies as they see fit in their sole discretion, in any general or specific case, and that they will have no liability to you based on their exercise of such rights. You agree that you have no right or title in or to any such Virtual Currencies appearing or originating on ALLCARDROOM. **ALLCARDROOM does not recognize any Virtual Currency transfers executed outside of ALLCARDROOM or the purported sale, gift, or trade in the “real world” of anything related to ALLCARDROOM. Accordingly, you may not sell Virtual Currency for “real world” money or otherwise exchange Virtual Currency for value outside of ALLCARDROOM**. Any attempt to do so is in violation of these Terms and will result in a ban from ALLCARDROOM and the services offered thereon.
SWEEPSTAKES PLAY:
1.SWEEPSTAKES PLAY is governed by the ALLCARDROOM Official Sweepstakes Rules and these Terms of Use. All other boosts ALLCARDROOM may from time to time offer are governed by these Terms of Use. In the event of a conflict between these Terms of Use and ALLCARDROOM’s Official Sweepstakes Rules, or boost-specific terms, the ALLCARDROOM Official Sweepstakes Rules, or boost-specific terms, will prevail.
2.To access the ALLCARDROOM Sweeps Platform, a Player must open the ALLCARDROOM Classic Platform and click on the button next to their SC balance that says “Sweeps.” The Player will then be redirected to the ALLCARDROOM Sweeps Platform.
3.For more information regarding ALLCARDROOM SWEEPSTAKES PLAY, see the ALLCARDROOM Official Sweepstakes Rules.
REFER-A-FRIEND PROGRAM:
1.Participants may refer friends to join ALLCARDROOM and receive ALLCARDROOM Referral Bonus Rewards for each Referee they cause to sign up for a ALLCARDROOM User Account. Redemption of this Promotion is expressly conditioned upon acceptance and compliance with these Promotion Terms and Conditions. Promotion participants may be required to sign paperwork issued by ALLCARDROOM
2.Promotion Period: The current Promotion Period will begin on June 23, 2023 at 12am EST and will expire on September 22, 2023 at 11:59pm EST (the “Promotion Period”).
3.Eligibility: This Promotion is open to all existing ALLCARDROOM User Account holders who successfully refer a Referee (defined herein) that satisfies the User Account Verification Process and makes a purchase with ALLCARDROOM, and individuals who are new ALLCARDROOM User Account holders (i.e. who have never had their information affiliated with any prior ALLCARDROOM User Accounts) who have been successfully verified by ALLCARDROOM, and who are invited to sign up for a ALLCARDROOM User Account using a Referral Link by a Referrer (each, a “Referee”). If a Referee is associated with another ALLCARDROOM User Account in ALLCARDROOM’s database, they are not eligible to participate in this Promotion. All Referrers and Referees must be 18 years or older to participate. Employees, officers, directors, their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Referral Bonus.
4.Action Required: A Referrer must obtain his/her unique “Referral Link” from his/her ALLCARDROOM User Account and cause any Referee to sign up for a new ALLCARDROOM User Account using such Referral Link and become verified for play on ALLCARDROOM, and meet the Purchase Requirement (described in section 7) within thirty (30) days of signing up (a “Referral”). For each Referral, the Referrer shall receive up to 40% of the Referee’s first purchase of any amount with ALLCARDROOM (the “Referral Bonus”).
5.Claiming Promotion Offer: Once the Referee is verified and makes a purchase with ALLCARDROOM, the Referral Bonus will be credited to the Referrer’s ALLCARDROOM User Account within seven (7) days of said verification and purchase. A Participant may receive the Referral Bonus a maximum of twenty-five (25) times per Promotion Period and may receive a bonus for their 25th processed Referral at the sole discretion of ALLCARDROOM.
6.Registration Procedures: To qualify for the Promotion, eligible individuals must have an active ALLCARDROOM User Account. Creating a ALLCARDROOM User Account is free and can be done at the following link: www.allcardroom.com. By submitting your information and creating a ALLCARDROOM User Account, however, Participants will be required to agree to the ALLCARDROOM Terms of Use, Privacy Policy, and, where applicable, Official Sweepstakes Rules. If you do not agree to said Terms and Privacy Policy, you cannot create a ALLCARDROOM User Account or participate in this Promotion. More information on creating a ALLCARDROOM User Account can be found in ALLCARDROOM’s Terms of Use.
7.Limitations on Participation: In addition to the eligibility requirements in Section 2, ALLCARDROOM reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in its sole discretion, including based on your spending patterns and spending history with ALLCARDROOM or if you failed to take advantage of any prior Promotions in good faith. Participants are strictly prohibited from referring immediate family members or any individuals who live within their household. Any Participants who violate this section will be deemed ineligible for this Promotion and their ALLCARDROOM User Account may be suspended or terminated in accordance with the ALLCARDROOM Terms of Use. This Promotion is void where prohibited by law.
8.Purchase Requirements: After being successfully verified by ALLCARDROOM, the Referee must then log-in to his/her ALLCARDROOM User Account, and within thirty (30) days of signing up for his/her ALLCARDROOM USer Account, make a purchase of any amount in the ALLCARDROOM Coin Store (“Purchase Requirement”). Purchases made after the thirty (30) day period will not satisfy the Purchase Requirement and the Referral Bonus will lapse.
9.Cancellation: Should you wish to cancel your participation in this Promotion at any time, please contact customer support at support@ALLCARDROOM.com.
10.Administration: ALLCARDROOM expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of ALLCARDROOM. ALLCARDROOM reserves the right to restrict at any time any ALLCARDROOM User Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of ALLCARDROOM and its decision will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
11.Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless ALLCARDROOM, its affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Referral Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the ALLCARDROOM’s own negligence. ALLCARDROOM expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Referral Bonus. In consideration of the Referral Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the ALLCARDROOM and its affiliates.
PAYMENT ADMINISTRATION AGENTS:
1.ALLCARDROOM in its sole discretion may appoint one or more Payment Administration Agent to accept payments, make payments, and facilitate the payment process from or to Players on ALLCARDROOM’s behalf.
2.Any Payment Administration Agent appointed by ALLCARDROOM will possess the same rights, power and privileges as ALLCARDROOM under these Terms of Use. Such appointed Payment Administration Agent will be entitled to exercise and enforce their rights, powers and privileges as ALLCARDROOM’s agent or in the Payment Administration Agent’s own name.
3.Under no circumstances will ALLCARDROOM be liable or responsible to any Player for any loss, damage or other liability resulting or arising from the Payment Administration Agent’s negligence and/or acts which exceed the powers and authorities granted to it by ALLCARDROOM.
VERIFICATION CHECKS:
1.You acknowledge and agree that ALLCARDROOM shall be entitled to engage in any identification, credit or other verification checks as reasonably required or as required by applicable laws and regulations or by any regulatory authorities.
2.All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of ALLCARDROOM.
3.ALLCARDROOM may from time to time request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemption exceeds a cash value of $2,000 USD. This information might include, but is not limited to:
1.Photo Identification such as a passport or State ID;
2.Proof of address: and/or
3.Proof of source of income such as a pay slip or bank statement.
4.In the event you fail to provide any documentation requested by ALLCARDROOM to help perform a verification check within thirty (30) days of the request, ALLCARDROOM is under no obligation to continue the verification process and may, in its sole discretion, close, restrict or suspend your ALLCARDROOM User Account.
5.ALLCARDROOM may also use third-party service providers to assist in the identification and other verification checks using the information provided by Players.
DISCLAIMERS:
1.ALLCARDROOM AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. ALLCARDROOM GAMING, INC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. ALLCARDROOM AND THE CONTENT ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. ALLCARDROOM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH ALLCARDROOM.
2.ALLCARDROOM DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT ALLCARDROOM AND YOUR USE OF ALLCARDROOM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALLCARDROOM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLCARDROOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF ALLCARDROOM AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT ALLCARDROOM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF ALLCARDROOM AND THE CONTENT IS AT YOUR OWN SOLE RISK
LIMITATIONS ON LIABILITY:
1.ALLCARDROOM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), CAUSED BY YOUR USE OF ALLCARDROOM AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. ALLCARDROOM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, ALLCARDROOM AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH ALLCARDROOM, EVEN IF THERE IS NEGLIGENCE BY ALLCARDROOM OR BY AN AUTHORIZED ALLCARDROOM GAMING, INC REPRESENTATIVE, OR AN AUTHORIZED ALLCARDROOM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. ALLCARDROOM’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ALLCARDROOM, IF ANY, TO ACCESS ALLCARDROOM.
2.THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE, OR FRAUD.
INDEMNITY:
1.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALLCARDROOM, ALLCARDROOM’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1.YOUR USE OF ALLCARDROOM AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH ALLCARDROOM;
2.ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH ALLCARDROOM;
3.ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN;
4.ANY ACTIVITY RELATED TO YOUR ALLCARDROOM ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ALLCARDROOM ACCOUNT;
5.ANY CIRCUMVENTION OR ATTEMPTED CIRCUMVENTION OR THESE TERMS OR ALLCARDROOM; OR
6.ANY FRAUD COMMITTED WITH REGARD TO ALLCARDROOM.
2.ALLCARDROOM reserves the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant ]authorities, and to assume the exclusive defense and control of any matter for which you are required to indemnify ALLCARDROOM, and you agree to cooperate with ALLCARDROOM’s defense of these claims. ALLCARDROOM will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your User Account or the ALLCARDROOM service.
RELEASE FOR FORCE MAJEURE:
You absolve and release ALLCARDROOM and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, pandemics, wars, or governmental restrictions.
TERM AND TERMINATION:
1.ALLCARDROOM reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to ALLCARDROOM and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through ALLCARDROOM.
2.You may terminate this agreement at any time by providing prior notice to ALLCARDROOM and by destroying: (a) all of the Content obtained from ALLCARDROOM, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, upon ALLCARDROOM’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by ALLCARDROOM.
NOTICES:
1.Any legal notice, other document or communication required or permitted hereunder to ALLCARDROOM will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to ALLCARDROOM C/O ALLCARDROOM GAMING, INC
2.Notices to ALLCARDROOM shall be deemed delivered when actually received by ALLCARDROOM or its authorized representatives.
3.Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to ALLCARDROOM when you register. Such notice will be deemed received by you the next business day after the email is sent. It is your responsibility to maintain an accurate, up-to-date e-mail address.
4.Should you elect to send or receive e-mail communications of any kind to or from ALLCARDROOM, you represent and warrant to ALLCARDROOM that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
5.Any notices users provide to ALLCARDROOM that do not comply with this section shall have no legal effect.
COMPLIANCE WITH LAWS/CHOICE OF LAW:
1.Except as otherwise described, ALLCARDROOM is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use ALLCARDROOM from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, Russia or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
2.Access, browsing and use of ALLCARDROOM, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
3.Subject to the Dispute Resolution by Binding Arbitration Agreement Provision Below, these Terms of Use and the rights of the parties hereunder shall be governed and construed with the laws of the State of California, exclusive of conflict or choice of law rules. For the avoidance of doubt, California choice of law only governs the interpretation and enforcement of the Terms of Use. It does not displace any statutory claims or remedies that may exist under any state law.
DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT:
1.PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND ALLCARDROOM TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH ALLCARDROOM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
2.THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ALLCARDROOM. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ALLCARDROOM GAMING, INC BY SOMEONE ELSE.
3.Scope of Arbitration Provision: Unless you opt out, you and ALLCARDROOM agree that any claim, controversy or dispute between you and ALLCARDROOM (the "parties") arising out of or relating to your access to or use of any ALLCARDROOM Service or to the Content will be resolved exclusively through final and binding arbitration, rather than in court or before a jury, regardless of whether such claim, controversy or dispute arose prior to, on, or subsequent to the date of your acceptance of these Terms of Use. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted and, except as provided in the preceding sentence, includes any dispute, claim, or controversy between you and ALLCARDROOM arising out of or relating to any aspect of your relationship with ALLCARDROOM or any conduct or failure to act on the part of ALLCARDROOM (including claims based on breach of contract, tort (for example, a negligence claim), violation of law or any claims based on any other theory) or any aspect of your access to or use of the Content.
4a.Arbitration Procedure: The provisions of this Section shall constitute your and ALLCARDROOM’s written agreement to arbitrate Disputes under the Arbitration Laws of the State of California. You and ALLCARDROOM agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org or by calling the American Arbitration Association at 1-800-778-7879. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding any provision of the AAA Rules, any dispute over the formation, enforceability, validity or severability of any provision of this Section (“DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT”) shall be resolved by a court and not be a subject of the arbitration.
4b.The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent jurisdiction. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
5.The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
6.Prior to initiating arbitration, you must first send a written notice by certified mail to ALLCARDROOM at: legal@allcardroom.com. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your ALLCARDROOM account, (b) a detailed description of your claim or dispute with ALLCARDROOM, and (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with ALLCARDROOM within thirty days of ALLCARDROOM’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
7.Procedure to Opt Out of Arbitration Provision: WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE TERMS OF USE, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS (AT YOUR COST) REGARDING THE CONSEQUENCES OF YOUR DECISION.
8.If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement, in the following specified manner: Send written electronic Notice via email to Legal@ALLCARDROOM.com or written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Attn: Legal Department, ALLCARDROOM GAMING, INC. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must include in it your name, address, and a clear statement that you do not wish to resolve disputes with ALLCARDROOM through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and ALLCARDROOM shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration Agreement.
9.Confidentiality: You and ALLCARDROOM shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
10.If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
WAIVER:
No delay or omission by ALLCARDROOM to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by ALLCARDROOM of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
SEVERABILITY:
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
INDEPENDENT CONTRACTOR:
ALLCARDROOM is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and ALLCARDROOM.
TAXES:
You are solely responsible for any taxes which apply to your use of ALLCARDROOM.
CONTINUED USE DEEMED ACCEPTANCE:
ALLCARDROOM reserves the right, at its sole discretion, to change, alter, amend, add to, or otherwise modify these Terms of Use, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy, and Legal Notices from time to time Any amendments will be published on the ALLCARDROOM Platform and such changes will be binding and effective immediately. After any such modification becomes effective, ALLCARDROOM will deem your continued use of ALLCARDROOM or any of the Content to constitute your acceptance of and agreement to such modification. You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the ALLCARDROOM website. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms of Use, or other legal doc referenced above, you must stop using the Platform.
CONTACT US:
ALLCARDROOM may be reached at:
1. ALLCARDROOM GAMING, INC: Legal@allcardroom.com
2. And/Or Customer Support at: Support@allcardroom.com
CALIFORNIA NOTICE:
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
ENTIRE AGREEMENT:
This constitutes the entire agreement between you and ALLCARDROOM with respect to your use of ALLCARDROOM and the Content, and supersedes any and all prior understandings or agreements between you and ALLCARDROOM, whether written or oral. You acknowledge that, in providing you access to and use of ALLCARDROOM and the Content, ALLCARDROOM has relied on your acceptance of this agreement.
ALLCARDROOM © 2024. All rights reserved. NO PURCHASE NECESSARY.
