VIDEOPOKER.COM TERMS AND CONDITIONS

(Please print these out for your records)

VIDEOPOKER.COM is a non-gambling Web site devoted to the game of video poker and is owned and operated by Action Gaming, Inc. Members of VideoPoker.com are required to register and to meet certain eligibility requirements to use the site. There are three types of memberships: Basic (free) Members, Silver Members, and Gold Members. Silver and Gold members are provided benefits that are not available to Basic members.

This document was last updated on December 18, 2014.

BY REGISTERING ON THIS WEB SITE AND BY CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" BOX OR BY ACCESSING OR USING THIS WEB SITE OR ANY PART OF THE SERVICE PROVIDED ON THIS WEB SITE, YOU EXPRESSLY CONSENT AND AGREE TO ALL OF THE TERMS AND PROVISIONS OF THESE TERMS OF SERVICE AND OTHER TERMS AND CONDITIONS SET OUT ON THIS WEB SITE. IF YOU DO NOT WISH TO CONSENT AND AGREE, THEN YOU MUST NOT CHECK THE "I AGREE TO THE TERMS AND CONDITIONS" BOX AND YOU MAY NOT ACCESS OR USE THIS WEB SITE OR ANY PART OF THE SERVICE PROVIDED ON THIS WEB SITE.

1.  Web Site Registration

A.    Initial account establishment. To register on the site and become a Basic, Silver, or Gold member, you must complete the registration process at VideoPoker.com and accept the terms and conditions set out in these terms and conditions.
B.   Continuing duty and affirmation. At the time you register to use VideoPoker.com and each time you use the Web site, you represent and warrant to Action Gaming that: (i) you are at least twenty one (21) years of age, (ii) the e-mail address submitted by you is owned or controlled by you; and (iii) all information you provide is true, accurate, current and complete.
C.   Nickname. When you register on the Web site, we ask for a nickname so that your personal information (name, email, etc.) are not made public on any game play leader boards, contest leader boards, and/or profile pages. If the Nickname is considered offensive to other members or to VideoPoker.com staff, we may ask you to change it. If you don't agree to change your Nickname your membership will be cancelled.
D.   Email. By joining VideoPoker.com, you agree to receive our Monthly eNewsletter and other direct communications from VideoPoker.com by email. These emails will only come from VideoPoker.com. Your email address will not be sold or shared with any third parties for marketing purposes. Each email we send you provides a one-click method to unsubscribe from receiving any future emails.

2.  Player eligibility

A.   Subject To Local Laws. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Web site. Access to the site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and Action Gaming does not make any representation or warranty, express or implied, as to the lawfulness of your participation in services provided on the Web site. Action Gaming does not intend that the Web site be used by persons present in any Jurisdiction in which the playing of video poker games for free may be prohibited or restricted. You agree that the Web site does not constitute an offer, solicitation or invitation by Action Gaming for the use of any service in any Jurisdiction in which such activities are prohibited or restricted.
B.   Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under the legal age.

3.  Basic (Free) Membership

A.    Services. A Basic (free) membership gives you the chance to play the most popular video poker games from your computer. In addition, you get:
     i.   Access to certain pages designed to help you become a better player
     ii.  Entrance in the VideoPoker.com Forum

4.  Silver Membership

A.   Services. A Silver membership gives you access to the same services as a Basic (free) member, plus no third party advertising.
B.   Cost of Silver membership. Silver memberships are available for $ 2.95 per month or $ 24.95 per year. Silver memberships are payable in advance and are non-refundable.
C.   Authorization and billing. By completing the Silver membership registration, you authorize Action Gaming to charge applicable recurring Silver membership fees to your designated credit card or debit card. Silver members are billed on a monthly cycle, which begins upon Silver member registration and ends one month thereafter. If you have signed up for an annual Silver membership plan, you are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, Action Gaming will automatically renew your Silver membership plan at the end of the period and you will be billed according to the plan you are currently on. To avoid uninterrupted service, Silver membership subscribers agree to update their credit card information in the Account Information section of the site. This includes credit card number, expiration date, and/or billing address information.
D.    Changing fees and billing methods. Action Gaming reserves the right to change our fees or billing methods at any time. Action Gaming will post any such changes in this Terms and Conditions section on at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of VideoPoker.com to obtain timely notice of such changes. Continued use of the service of thirty (30) days after posting of the changes on VideoPoker.com means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Silver membership.
E.     Canceling your Silver membership. You may cancel your Silver membership at any time, but Action Gaming will not refund any remaining portion of your membership fees. To cancel your Silver membership log in to VideoPoker.com and click on Account Settings for cancellation instructions.

5.  Gold Membership

A.    Services. Gold members receive access to certain areas of VideoPoker.com that are not available to Basic members. Gold members receive all of the benefits of free membership plus:
          i.       Credit Tracking
          ii.      Challenge friends or other members to contests.
          iii.     No third party advertising
          iv.     A first look at new games before they hit the casino floor
          v.      Discounts on video poker training software
          vi.     Training mode
          vii.    Choose your own pay tables
B.   Cost of Gold membership. Gold memberships are available for $ 8.95 per month or $ 79.95 per year. Gold memberships are payable in advance and are non-refundable.
C.   Authorization and billing. By completing the Gold membership registration, you authorize Action Gaming to charge applicable recurring Gold membership fees to your designated credit card or debit card. Gold members are billed on a monthly cycle, which begins upon Gold member registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends one month thereafter. If you have signed up for an annual Gold membership plan, you are billed one time at the beginning of each applicable billing period. If you do not cancel before the end of the period, Action Gaming will automatically renew your Gold membership plan at the end of the period and you will be billed according to the plan you are currently on. To avoid uninterrupted service, Gold membership subscribers agree to update their credit card information in the Account Information section of the site. This includes credit card number, expiration date, and/or billing address information.
D.   Changing fees and billing methods. Action Gaming reserves the right to change our fees or billing methods at any time. Action Gaming will post any such changes in this Terms and Conditions section on at least thirty (30) days before they become effective. You are responsible for reviewing the terms and conditions section of VideoPoker.com to obtain timely notice of such changes. Continued use of the service of thirty (30) days after posting of the changes on VideoPoker.com means that you accept such changes. If you decide that any change is unacceptable, you may cancel your Gold membership.
E.   Canceling your Gold membership. You may cancel your Gold membership at any time, but Action Gaming will not refund any remaining portion of your membership fees. To cancel your Gold membership log in to VideoPoker.com and click on Account Settings for cancellation instructions.
F.   Free trial memberships. VideoPoker.com will occasionally offer promotional free trial Gold memberships. You must provide credit card information to register for all free trial offers to the Gold membership service. If you accept a Gold membership free trial, we will bill your account when the free trial expires, unless you cancel your free trial before that time. Only one free trial period is allowed per subscriber.

6.  Site Use

A.   You must obey guidelines and rules. When using the services on VideoPoker.com, you agree that you are subject to any guidelines, policies or rules applicable to such services, which may be posted from time to time. All such guidelines, policies or rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from VideoPoker.com will be binding on you.
B.   Computer errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to Web sites. If you become aware that the Web site contains any errors please notify VideoPoker.com by e-mail at support@videopoker.com.
C.   Game credits. During game play on VideoPoker.com, users start with a certain amount of credits. These credits can accumulate over time and have no monetary value. We reserve the right to change a member’s accumulated credit at any time.
D.   Conduct. Participation on the forum, chat rooms, and other member interaction features shall be conducted according to the following guidelines. Failure to abide by these guidelines may result in the restriction of these services for any member at the discretion of the site administrators.

  • No personal attacks on other members
  • No use of abusive or vulgar language
  • No profanity or hate speech
  • No links to pornographic material
  • No nuisance behavior, determined at the discretion of the administrators
  • No solicitation of donations for any cause, personal or otherwise
  • No promoting or linking to other unauthorized Web sites (at the discretion of the administrators), which may be deemed as advertising. Advertising rights may be purchased by contacting our advertising team.
  • A little bit of banter is ok, however, attempting to dominate the chat with nonsense or hate-filled comments based on race, religion, etc. will invite administrative action. In this case, we reserve the right to make a subjective call and warn and/or ban the offending user.

E.   Automated Technology. It is not permitted to use automated programs to play the games in any way.
F.    Multiple Browsers and Devices. It is not permitted to play on more than one device or browser at the same time using the same account or to play more than one game at the same time using the same account.
G.   Malicious acts. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt or harm the operations of VideoPoker.com or any particular VideoPoker.com service or game. If Action Gaming believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of increasing your credits, earning pounts, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or earnings to which you may otherwise be entitled and your membership will be cancelled.
H.   Data usage. When playing or browsing on a mobile device or metered internet connection, data rates may apply. Contact your carrier for applicable data rates.

7.  Players Club

A.   Membership to the Players Club is free to all members.
B.   The maximum number of points a member can earn per day from play is 5,000. Once 5,000 points are earned, members can continue to play – they just won’t earn Players Club points.
C.   All Players Club point accumulations are subject to review and verification by VideoPoker.com without notice to the member to ensure compliance with these Rules, Terms, and Conditions.
D.   VideoPoker.com reserves the right to adjust point balances due to computer error, fraud or other misuse.
E.   Players Club points have no cash value.
F.   Players Club points cannot be transferred, sold, or bartered.
G.   All redemptions are final unless otherwise modified at the sole discretion of VideoPoker.com.
H.   VideoPoker.com may engage in strategic relationships, which may result in the accumulation of Players Club points.
I.   All decisions regarding the interpretation of the rules, terms, and conditions, eligibility, etc. for the Players Club program lie solely with VideoPoker.com whose decisions are final. If VideoPoker.com denies a member Players Club points, the member’s sole remedy shall be the issuance of the denied points, if available, by VideoPoker.com at its sole discretion.
J.   If any Member has not complied with these rules, terms and conditions in any manner, as determined by VideoPoker.com, VideoPoker.com may terminate the member's participation in the Players Club program. In lieu of termination, VideoPoker.com may at its sole discretion deduct Players Club points from a member’s account but permit the individual to remain a VideoPoker.com member.
K.   Members can not gain referral points by referring themselves. In the event a member attempts to refer himself or herself, the member's participation in the Players Club will be terminated and the member’s current point balance will be set to zero.
L.   Members cannot gain points through automating play. If VideoPoker.com determines that a member has engaged in automating play, the member’s participation in the Players Club will be terminated and the member’s current point balance will be set to zero.
M.   Once a member has redeemed a GOLD membership prize, he or she is not eligible for any free GOLD membership trial memberships.
N.   In order for a member to gain Players Club points from a member referral, the referred member must play at least 100 hands on VideoPoker.com after he or she joins, and the referred member must play a game that tracks Players Club points (Some Keno and 3rd party games do not track points).
O.   To receive credit for a member referral, the new referred member must join from specific Web address or enter the correct referral code upon registration and be using a Web browser with security settings that allow for the tracking of this information.
P.   VideoPoker.com reserves the right to modify or cancel this program at any time, for any reason.
Q.   By participating in this program, participants agree to the rules, terms, and conditions.
R.   In no event shall VideoPoker.com or its respective officers, directors, employees, contractors or agents be liable to any member or anyone claiming through a member, for any direct, indirect, or consequential damages arising out of any acts or omissions by VideoPoker.com in connection with the Players Club.

8.  Contests

A.   Rules. You shall accept and abide by the contest rules set forth on the contest rules Web page, to be amended from time to time.
B.   Malicious acts. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt or harm the operations of VideoPoker.com or any particular VideoPoker.com service or contest. If Action Gaming believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of increasing your credits, winning a contest, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled and your membership will be cancelled.
C.   Eligibility. To win contest prizes on VideoPoker.com, you must be a least 21 years old as of your date of entry in the contest, and a legal resident of the United States or Canada. Winners of prizes are solely responsible for any applicable taxes, including, but not limited to, all federal, state and local income taxes. For contest winners, you may be required to provide certain additional information, such as social security number, etc. in order to process the prizes.
D.   Right to cancel contests. If Action Gaming or VideoPoker.com, its parents, affiliates, managers, or directors determines that operating a contest is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the contest may be ended by Action Gaming or VideoPoker.com and Action Gaming or VideoPoker.com shall owe you nothing. Action Gaming or VideoPoker.com, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prized in the event that any contest is cancelled.

9.  No Warranty

A.   Your use of this site is at your sole risk.
B.   All materials, information, software, products and services included in or available through this site (“Materials”) are provided “as is” and “as available” for your use. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, Action Gaming, VideoPoker.com, its subsidiaries, and its licensors do not warrant that the materials are accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Any materials downloaded or otherwise obtained through the use of the site are downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
C.   No advice or information, whether oral or written, obtained by you from Action Gaming or VideoPoker.com or through or from the site shall create any warranty not expressly stated in the terms.
D.   Action Gaming or VideoPoker.com does not warrant any client software you may download from the site or from related sites. All materials, information, client software, products and services included in or available through this site (“Client Materials”) are provided “as is” and “as available” for your use. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, Action Gaming or VideoPoker.com, its subsidiaries, and its licensors do not warrant that the client materials are accurate, reliable or correct; that the site will meet your requirements; that the client materials or site will be available at any particular time or location, uninterrupted or secure; that any defects or errors in the client materials will be corrected; or that the client materials are free of viruses or other harmful components. Any client materials downloaded or otherwise obtained through the use of the site are downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
E.   There are minimum requirements for a system and/or device to be able to operate the games successfully which may change from time to time. These requirements can be found at http://www.videopoker.com/requirements/

10.  Limitation of Liability

In no event shall Action Gaming or VideoPoker.com, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this site, including unauthorized access to or alterations to your transmissions of data. Under no circumstances will Action Gaming or VideoPoker.com be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the site or your account or the information contained therein. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Action Gaming or VideoPoker.com has been advised of the possibility of such damage.

11. Sole Remedy

In any event, your sole and exclusive remedy for any liability relating to or arising out of the service or this agreement, regardless of the form in which any legal or equitable action may be brought, shall be for you to discontinue your use of the service and terminate this agreement.

12. Indemnity

You agree to defend, indemnify and hold harmless Action Gaming and VideoPoker.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the web site, including any data or work transmitted or received by you or any service provider; (c) your connection to any VideoPoker.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.

13. Entire Agreement

This Agreement contains the entire agreement between you and Action Gaming or VideoPoker.com regarding the use of the Web site and services and supersedes all prior writings, agreements and oral understandings or statements. By accessing this Web site and checking the "I Accept" box, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.

 

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