Terms of Use

TERMS OF SERVICE AND LICENSE AGREEMENT

Poker de las Américas welcomes you to the greatest Poker experience on the net. Please read these terms of service entirely before you accept the Agreement. By clicking the "SUBMIT" button as part of the software installation process and using the Software, You (The User) consent to the terms and conditions set forth in this Agreement, including but not limited to: Additional Terms, Transaction data, Game rules, Payment methods, Cardroom rules, Privacy Policy, etc. These terms and conditions are subject to change.

You accept to be bound by this contract by clicking on "SUBMIT" and by using the Services. After you click on "SUBMIT" or when You use the Services, a legally binding agreement on these terms and conditions is fulfilled between You (The User) and Poker de las Américas represented here by as Online Gambling, C.A. If you have any doubt about your rights and obligations as result of this Agreement, please do not accept this Contract and contact us to clarify such doubts.

1. THE AGREEMENT.

If you open and/or register an account with Poker de las Américas, You are responsible for reading and understanding this Agreement utterly. If you violate and/or break any rule here stated, you understand the outcome of your actions such as but not limited to, have your account closed, balance confiscated and this Agreement terminated.

2. LEGALITY OF USE OF THE SERVICES.

You may only use the Services if you are 18 years of age or older (or such other higher minimum legal age in your jurisdiction) and it is legal for you to do so according to the laws that apply in your jurisdiction.

You may not access any of the Games and Services by logging into your Account from any of the jurisdictions prohibited by Poker de las Américas. You are also prohibited from playing Games where prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. You accept and acknowledge that Poker de las Américas is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with your jurisdiction regulations of the jurisdiction or where you are located in while accessing the Games and Services. By playing any Real Money Games, you warrant to Poker de las Américas that you are allowed by law to play such Game from your jurisdiction and/or location. By accepting the terms in this Agreement you understand that Poker de las Américas 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 use the Services and Games in all jurisdictions you play from.

Poker de las Américas subject to the terms and conditions contained herein, grants you a non-exclusive, personal, non-transferable, and non-sub-licensable right to install and use the Poker de las Américas software only to access the Servers, play the Games and use the Services offered by Poker de las Américas. The use of any and all Services is strictly and exclusively limited to your personal use. The Poker de las Américas software and code are the priceless trade secrets and are the sole assets of Poker de las Américas, and/or its affiliated companies, licensors, and parent companies. In addition, all other material used in any media, correspondence, production, or demonstration by Poker de las Américas including but not limited to the software, images, graphics, photographs, animations, videos, music, audio, advertisements, text and all related intellectual property rights are owned by Poker de las Américas and/or its affiliated companies, licensors and parent companies its related companies and associated groups. You have no rights in or to any such material. All proprietary rights are reserved.

3. NO WARRANTIES.

THE GAMES AND THE SERVICES ARE PROVIDED BY Poker de las Américas "AS IS" WITHOUT ANY WARRANTY OF ANY NATURE. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, COMPLETENESS, ACCURACY OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. The risk arising out of the use of the software or Services remains with you. Poker de las Américas does not guarantee that the Services will be provided error free or secure nor is it guaranteed that you will experience uninterrupted Services and Games, timely or bug free and/or virus free. Poker de las Américas also maintains the right to postpone, discontinue, modify, remove or add to any of the Games or Services provided in its unconditional discretion with immediate effect and is under no obligation to provide notice of any such modification, addition or subtraction of Games or Services provided, and Poker de las Américas shall not be accountable or liable in any way whatsoever for any loss suffered as a consequence of any pronouncement made in this regard.

Play Money Chips, also known as Virtual Chips have no value in any case, and are held on a separate balance aside from Real Money balance. Poker de las Américas provides for free Virtual chips (Play money chips) to new players, so they get to know and learn the games. Under no circumstance, any Virtual Chip (Play Money Chip) will be traded for Real Money. Attempting to do so will result in account closed, this Agreement may be terminated and/or Poker de las Américas may take other actions or remedies set forth in this Contract. Poker de las Américas will not reimburse credit back or will be responsible under no circumstance for any loss of Play Money Chips, including but not limited to system error, technical failure, Updates and or fraudulent activity in Play Money games.

4. YOUR RESPONSIBILITY AND WARRANTIES.

Before your use of the Service and on an constant basis you represent, warrant, and be in agreement that there is a risk of losing money when using the Service and that Poker de las Américas has no responsibility to you for any such loss. You are solely responsible for reporting any applicable taxes on your jurisdiction. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service, and we shall have no liability whatsoever for any absence, lack or deficiency therein. You also agree that your use of the Service is at your sole decision, discretion and risk. You agree that you are required to provide us with assured personal details about yourself (including details regarding your methods of payment) for the intention of using the Service.

5. ILLEGAL AND PROHIBITED USES.

5.1 Modification of Software and Unauthorized Server access.

The software license provided to you by Poker de las Américas is solely for the purpose of assisting players to access the Games and Services. You shall not modify, adjust, reverse-engineer, disassemble under no condition or otherwise attempt to discover the source code of Poker de las Américas software or any part.

5.2 Personal Use.

Our Software, Service and Games are provided to you for personal use only. Poker de las Américas Software shall not be used for any marketable or commercial activity, you shall not post any kind of not permitted advertising or promotion materials, whether by e-mail, spam, junk mail comment, or any other type of solicitation via Client Software. One account per customer will be allowed. You shall not allow access to your account by anyone but you, and it is strictly forbidden to have more than ONE account. (Multiaccounts).

5.3 Collusion.

Any form of collusion amongst players is strictly forbidden in the Cardroom. Collusion shall include but is not limited to sharing and/or giving out hole cards with other players, any other information that is not made directly available to the players by engaging in the Service, and any type of information sharing that may give an unfair benefit to those made privy to such information. "Chip Dumping" (i.e., intentionally giving chips to another player or user) is prohibited. These types of activities and any other that may provide an unfair advantage are strictly prohibited. You agree that Poker de las Américas reserves the right to take any steps necessary to detect and prevent this type of behavior. Such steps include, but are not limited to, limiting seating and or preventing individuals from playing at some tables or tournaments as well as monitoring other software programs in use on your personal computer while using the Services. Without restriction, if you are deemed by Poker de las Américas to be engaging in such activity, your Account may be closed, this Agreement may be terminated, and/or Poker de las Américas may take any of the other actions or remedies set forth in this Agreement.

5.4. The use of Bots.

The use of artificial intelligence including, without limitation, "robots" is firmly forbidden in Poker de las Américas. All actions taken while playing will be completed personally by players through the user interface accessible by use of the Software. Poker de las Américas prohibits external player assistance programs such as Bots. The use of artificial intelligence including ‘robots’ or software-enabled playing is banned hence prohibited. You agree that Poker de las Américas may take steps to detect and prevent the use of all external player assistance programs including but not limited to an examination of software programs running concurrently with the Poker de las Américas software on your computer. Without limitation, if you are deemed by Poker de las Américas to be engaging in such activity, your Account may be closed, this Agreement may be terminated, and/or Poker de las Américas may take any of the other actions or remedies set forth in this Agreement.

5.5 Chip-dumping.

The meaning of Chip-dumping: When any player deliberately loses a hand to transfer his chips to another player. Any User who chip-dumps or efforts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated instantly. In such situation Poker de las Américas will be under no responsibility to refund to you any monies that may be in your game account at such time.

5.6 Fraudulent Behavior.

If Poker de las Américas. deems that you have engaged in fraudulent, unlawful, dishonest or inappropriate activity while using the Poker de las Américas software, Games or Services, including but not limited to any of the activities described above or any other game manipulation, or any fraudulent activity counting but not limited to, the use of a stolen credit card or the chargeback of money, any type of money laundering or associated activity, any type of alleged suspicious or criminal activity or any activity that gives reason to suspect suspicious or criminal activity (together "Fraudulent Activity"), your Account may be closed, this Agreement may be terminated, and/or Poker de las Américas may take any of the other measures or remedies set forth in this Agreement. Without limitation, Poker de las Américas reserves the right to reveal recorded data or communications linked to your Account to the relevant authorities if and when required by pertinent law.

6. REAL MONEY TRANSACTIONS AND TRANSFERS.

In order to access Real Money Games, you will be required to transfer real monies into your Account by any of the means and methods specified on the website and available to you, which are subject to change from time to time, without notice to you. You should make a note of that Poker de las Américas is not a bank and funds are not assured by any government agency. All payments made to and from your Account must be paid in the currencies available by use of Poker de las Américas Services. Unless specified by Poker de las Américas in writing, your Account shall bear no interest at anytime, whatever the circumstances. Minimum and maximum limits may be applied to the amount that may be deposited into your Account. Such limits are at the sole discretion of Poker de las Américas and may change from time to time and vary from player to player, without notice to you. You understand that you may be charged service fees on deposits or withdrawals at the sole discretion of Poker de las Américas, which are subject to change from time to time. In addition, acceptance of a withdrawal request made by you is subject to the transaction discretionary limits, deposit method restrictions, bonus restrictions, transaction fees, and/or security reviews and all other terms of this Agreement. You agree that there may be delays on payments being processed that are subject to security reviews or where Poker de las Américas holds funds in accordance with this Agreement.

To make a withdrawal, you must access the game and click on Cashier / Cashout. When making a withdrawal following conditions apply:

  1. Withdrawals in BsF: minimum amount 50 BsF, maximum of 10,000 BsF per day and 30,000 BsF per week. Withdrawals in USD: minimum $50, maximum $2,500 per day and $5,000 per week.
  2. The approval time for any withdrawal is 24-48 hours.
  3. The withdrawal amount will be deposited into the account used by the member for depositing purposes either by bank transfer or an electronic wallet.
  4. Withdrawals shall be made in the same currency used to make the deposit.
  5. Member must comply with the KYC, providing the following documents:
    i. Copy of ID
    ii. Receipt of Public Services
    iii. Copy of voided check (for bank transfers only)
  6. Transfers won´t be noted as deposits.
  7. Poker de las Américas may cancel a pending withdrawal if it considers that there has been any violation of this contract.
  8. Member could cancel its pending withdrawal as long the member is not under suspicion of fraud, to cancel the pending withdrawal, member must click on the “revert” button on the cashier/balance.

Poker de las Américas offers the Service to make Real Money Transfers via Software (under the Cashier tab) Users must enter the amount to transfer and the player nickname of the intended recipient. Users are reminded that it is their responsibility to ensure they know who the other Users are before starting these arrangements. Limits on transfers will be set by Poker de las Américas per User, per time, etc at the sole discretion of Poker de las Américas. You are responsible to ensure that the information provided is exactly correct at the time of initiating the transfer as Poker de las Américas may be unable to reverse an erroneously entered transaction. The following rules and conditions apply to request transfer funds amongst Accounts: (a) Poker de las Américas reserves the right to decline or reject any transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver; (b) a sending Account holder concurs to only make an account transfer to enable a recipient to play the Games and not for any other purpose; (c) a receiver of a transfer agrees to only use transferred funds to play the Games and not for any other purpose; and (d) you may not withdraw money directly received from a transfer (see part (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a withdrawal request may only be withdrawn or transferred subject to Poker de las Américas discretion and analysis in accordance with its in-house controls, policies and procedures. Despite anything in this Agreement, you agree that you may not request or process a withdrawal of any real monies from your Account without having processed a successful deposit of real monies into your Account, and You further agree that Poker de las Américas has the unfettered right to deny any request. For the purposes of clarity and prevention of any doubt, you expressly acknowledge that converting play monies into real monies or receiving an internal transfer from any other Account does not represent a deposit of real monies into your Account.

7. ABUSIVE OR OFFENSIVE LANGUAGE AND CONTENT.

Poker de las Américas will aim as high priority to keep all communications between players and between players and Poker de las Américas staff. You are strictly prohibited from posting any unlawful, obscene, defamatory, threatening, or other material that has the potential to offend others, on any online chat, any online blogs or forums or in any correspondence with agents of Poker de las Américas. In addition, You may not post using the Poker de las Américas software, online chat, online forums or in any correspondence with staff, any material that provides links to, or direction to any type of malicious software or viruses, computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any software, hardware or service related technology. You are also prohibited from begging for money or harassing any individual including but not limited to, staff and other players, while using any of the Games or Services. Without limitation, any contravention or violation of this policy may result in termination of your ability to chat, the closure of your Account, the termination of this Agreement, and/or Poker de las Américas may take any of the other actions or remedies set forth in this Agreement.

8. ACCOUNT TERMINATION.

Poker de las Américas has the right to close your Account and/or terminate this Agreement, suspend your Account, limit the features and Services available, confiscate and forfeit any funds, chips, tournament tickets, or other Account attributes, refuse to process transactions, reveal information related to your Account to banks, credit card companies and/or any person or group who may have right to such information, and/or initiate any suitable legal action against you upon the occurrence of any of the actions or events: your breach of this Agreement or any included agreements or policies; you misrepresent your age or are found to be under the age of 18 years old; you conduct yourself or may behave in a fraudulent manner in association with your Account, the Services or the website(s); you behave fraudulently in connection with other sites; you falsely claim that you did not make a processed deposit on your Account with Poker de las Américas or any other site (engaged in "chargeback"); you become bankrupt or insolvent in any jurisdiction in the world; you have made authorized payments that subsequent to making them become or became dishonored in any way; you participate in collusion or improper and unlawful activity of any kind whatever; you use the Services as agent for the interests of another person or entity; you abuse privileges; you misuse any Services or promotions; abuse of software; you fail due diligence or security review(s) conducted by Poker de las Américas in its discretion from time to time; you are deemed unacceptable by or fail the diligence of any of Poker de las Américas gaming regulator(s); you abuse or mistreat other players or staff; you engage in misinformation or frivolous unfounded claims or you otherwise commit misconduct or behavior that is detrimental or potentially detrimental to Poker de las Américas and/or the user experience, as determined by Poker de las Américas in its sole discretion. Although the remedies set forth in this Section are expressly referenced from time to time in this Agreement, such references are for example only and are without limitation; the remedies above are available upon the occurrence of any of the above listed actions or events regardless of the existence or absence of a specific reference to this Section.

9. LIMITATION OF LIABILITY.

Under no circumstances, including negligence, shall Poker de las Américas be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use (or misuse) of the Service even if Poker de las Américas had prior knowledge of the possibility of such damages.

10. SECURITY AND YOUR ACCOUNT.

In order to access the Games and Features of your Account, you will have to register in Poker de las Américas by choosing an acceptable Account user name and password, as well as providing other information required such as, but not limited to, your last name and given name, address, email, gender, birth date and telephone number. The nickname generally cannot be edited or changed by you unless approval is received by a representative of Poker de las Américas under restricted conditions. Your account will be registered free of charge.

You are solely responsible for all use of the Service under his/her Login Credentials (Nickname and Password) and You shall not disclose the Login Credentials to any person.

You are obliged to keep your Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User. You assume all risks of third parties impermissibly "hacking into" or otherwise accessing your Account. You are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, malware, spyware, viruses, Trojans, and any other technology that may be used to track data that is transmitted to Poker de las Américas. You should ONLY access the Services and Games from your personal computer.

You are completely responsible for paying all monies owed to Poker de las Américas. If at any time the balance in your account is negative, for any reason whatsoever, including but not limited to returned transactions and/or chargebacks, you are fully responsible for making Poker de las Américas whole and you shall pay these funds back to Poker de las Américas immediately and without delay. Notwithstanding any privacy rights conferred to you under this or any other associated agreement,

Poker de las Américas reserves the unfettered right to utilize any legal recourses and/or remedies available to satisfy any debt owed by you, including but not limited to placing your account and related information in the hands of a third-party collection agency and/or attorney to pursue the full balance of the debt owed. This may have a negative impact on your credit rating with bank and credit institutions and impede your ability to facilitate other personal banking arrangements.

We do reserve the right to use other payment processors and/or financial institutions to process payments to the players. You agree and acknowledge that all amounts deposited by you in your Game account are held in a trust account on your behalf.

11. DISPUTE AND RESOLUTION.

You accept that all data recorded on the Poker de las Américas servers such as historical hand history, posted transactions and transfers are official and shall prevail over disputes. The user also accepts that game features such as: Instant Hand History and/or Hand Replay will not be considered as the official historical record of any hand.

12. MODIFICATION AND UPDATES.

Poker de las Américas reserves the right to update or modify this Agreement or any part of it at any time, without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Website. Poker de las Américas encourages you to visit the Website regularly and check the terms and conditions found in this Agreement. Your continued use of the Site shall be deemed to confirm to your agreement to any modifications to the Agreement.

13. SEVERABILITY

In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

14. ASSIGNMENT.

We reserve the right to consign this agreement, in whole or in part, at any time without notice. You may not consign any of his/her rights or obligations under this Agreement.

15. RIGHTS OF Poker de las Américas.

Poker de las Américas reserves the right to refuse and/or close any account at any time. We reserve the right to close the game account and ban any player of the House being found in fraudulent activities by Independent Online Casino Manager's Association and/or listed in their negative database. Poker de las Américas reserves the right to change the Privacy Policy at any time.

16. RESTRICTED COUNTRIES.

Poker de las Américas prohibits to all US citizen the access to our site, creation of new account or the usage of our gaming platform, this restriction applies US residents as well.

 

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