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Terms and Conditions

POKERSTAKE.COM
Last updated: October 04, 2024

These Terms and Conditions (collectively referred to as the "Terms", "Terms of Use", "Terms and Conditions" or "this Agreement") is between you ("You" or "User") and PocketFives, LLC ("PocketFives", “PokerStake”, "us," "we," or "Company"), and governs your use of PokerStake (“Software”) and the website www.pokerstake.com ("Site"). The Software and the Site may hereinafter be jointly referred to as the "Services" or the "PokerStake Services". Read the following Terms before using our Services.

1. ACCEPTANCE OF TERMS

1.1 BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU EXPRESSLY AGREE TO AND UNCONDITIONALLY CONSENT TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. You must be at least 18 years old to use the PokerStake Services. If you do not agree to all of the terms of this Agreement, you will not be allowed to access and/or use our Services.

2. USER ACCOUNT

2.1 In order to access certain features of the PokerStake Services, you need to create an account and provide relevant information about yourself. It is important to provide accurate and complete information to enhance your credibility as a contributor to PokerStake. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately. PokerStake reserves the right to close your account for any reason and at any time.

2.2 When using PokerStake, you are prohibited from impersonating others, creating accounts for someone else, using email addresses other than your own, or creating multiple accounts. If you choose to use a pseudonym, please be aware that others may still be able to identify you, especially if you include identifying information in your reviews or use the same account information across different platforms. For more information, please refer to our Privacy Policy.

2.3 PokerStake reserves the right to carry out identity and age-verification checks on all customers at the time of account establishment, or at any time later on. We reserve the right at any time to request from You evidence of identity and age in order to ensure that minors are not using the Site, and that You are who You say You are. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Site if satisfactory proof of identity and age is not provided or if we suspect that you are underage.

2.4 All account information provided by you will be processed in accordance with our Privacy Policy as set out herein. When establishing an account, you must provide us with your Display Name and Email address, albeit additional information may be requested at any time.

2.5 By establishing an account, you hereby consent to PokerStake using third party services to verify your account information including, but not limited to, your age and identity. Only one account per verified person is allowed. The account is unique to you and non-transferable. If we determine that your account is being used by multiple persons, or by a person or person/s other than You, we reserve the right to suspend or terminate our services to you. PokerStake reserves the right to reject any application for an account for any reason it deems necessary.

2.6 It is your responsibility to keep your account information current. Failure to do so may result in your failing to receive important account-related notifications and information from PokerStake, including changes we make to this Agreement.

2.7 PokerStake will protect your account information in accordance with our Privacy Policy as set out herein. You are responsible for maintaining the security and confidentiality of your account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password. PokerStake bears no liability or responsibility for any failure by you to keep your username and password confidential, whether this is done deliberately, or indeliberately. If we have been supplied with the correct username and password upon login, we are entitled to assume that offers and transactions are made by you.

2.8 You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank card. Any failure to do so shall be at your sole risk and expense. If a third party accesses your account, you are solely responsible for that third-party actions, whether or not that third-party’s access was authorized by you.

2.9 You will not attempt to sell or otherwise transfer the benefit of your account to any third-party, nor will you acquire or attempt to acquire an account which has been opened in the name of a third-party.

2.10 In consideration of our accepting your application to establish an account, you represent, warrant, covenant and agree that, and acknowledge that we may rely on these representations, as follows:

  • You have read and agree to abide by this Agreement;
  • You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement;
  • You agree to provide accurate account opening information, including without limitation your correct date of birth;
  • You will not allow any other person to access or use your account with PokerStake;
  • You consent to the jurisdiction of the State of Nevada to resolve any disputes arising out of this Agreement;
  • You consent to the monitoring and recording by PokerStake of any staking communications and geographic location information;
  • You acknowledge that PokerStake reserves the right to report unusual or suspicious activity to the proper authorities;
  • You warrant that any names or images used by you in connection with the Site (for example, your username) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant PokerStake a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such names and images for any purpose connected with the Site, subject to the terms of our Privacy Policy;
  • You are solely responsible for recording, paying, and accounting for any tax or other levy that may be payable on any winnings to any relevant governmental or taxation authority; You fully understand the methods, rules, and procedures of staking and, where and when appropriate, will seek advice or help when using our Site;
  • You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any “chat” or “forum” facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
  • You will not disguise or interfere in any way with the Internet protocol (“IP address”) of the computer you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using while accessing the Site;
  • There is a risk of losing money when using the Site and that PokerStake has no responsibility to you for any such loss;
  • Your use of the Site is at your sole option, discretion and risk; and
  • In compliance with our regulatory requirements and in order for you to access and use our software and/or our services through the Site you will need to provide us with certain personal details about yourself as well as consenting us (or third parties acting on our behalf) to have access to or make use of your location data and/or such other data or information that may be derived from your device/computer, to enable the Site to be made available to you. You hereby consent to us (or third parties acting on our behalf) to access and use such data for the purposes outlined above. You are not permitted to use our Site if you do not wish to be bound by this provision. PokerStake will process your personal details in accordance with and as set out in our Privacy Policy.

2.11 You acknowledge that PokerStake and their respective affiliates will hold information with respect to your identity, including but not limited to your name, date of birth and email address. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy in the information you provide us.

2.12 If requested, PokerStake may deactivate a member's profile/account. Deactivation of a profile may not remove any posts associated with a user's account, but will instead cause his or her profile to appear as a blank page. If requested, PokerStake may de-index a member's profile from major search engines like Google. To deactivate your account, please email [email protected].

3. NOTICES AND COMMUNICATION

3.1 By creating an account, you may receive communications from us regarding your account, and any other important information. You may also provide consent to receive marketing information via email. You have the option to opt-out of receiving email communications.

3.2 Communications and notices to be given by you to us under this Agreement (other than those exchanges of information occurring in the normal operation of the Site) should be provided to us at [email protected].

3.3 From time to time, PokerStake may provide you with access to various information and content via our Site, emails, or other means of communication. Further, PokerStake may provide you with links to third-party websites which may include information. This information is supplied “as is” and is for information purposes only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, PokerStake, nor any other party makes any representations or warranties of any kind, including but not limited to, the accuracy, quality, or completeness of the information. Neither PokerStake nor any other party shall be liable for any action taken by you as a result of your reliance on any such information or for any loss or damage suffered by you as a result of your use of such information. Any links to third party websites do not constitute an endorsement by PokerStake or any other party of any products or services available on such websites. You use such websites at your own risk and neither PokerStake or any other party takes any responsibility for the content on, or use of, such websites.

4. OUR RIGHT TO USE YOUR CONTENT

4.1 PokerStake provides you with the functionality to upload, post, submit, link accounts or otherwise make available your own content, including but not limited to uploading photos, videos, comments, editing information in your profile and sending messages and files to other users, statistics and information about your gameplay and any other form of user-generated content. By sharing or uploading your own content via PokerStake, you grant PokerStake a worldwide, non-exclusive, royalty-free, assignable, sub-licensable, and transferable rights to store, share with others, copy, use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services provided by PokerStake, including but not limited to promoting and redistributing part or all of the PokerStake Services in any media formats and through any media channels, and make available to other users of the PokerStake Services. The license ends once your content is deleted from our systems.

4.2 You acknowledge and agree that by sharing or uploading your own content via PokerStake, such content will be visible to third parties, such as other users of the PokerStake Services. Such third parties may be able to copy, replicate, download or otherwise use your content outside of the control of PokerStake. You agree that PokerStake shall not be responsible for any such third party actions, and you shall not attempt to force PokerStake to enforce your rights against third parties for any appropriation of your content. You are advised not to share any content on PokerStake that you do not wish to be made publicly available.

4.3 You acknowledge and agree that you are solely responsible for all content that you upload, post, submit, or otherwise make available through PokerStake Services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above rights to PokerStake. Furthermore, you agree to indemnify and hold PokerStake harmless from any claims, demands, and damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with any claim that your content infringes on the intellectual property rights of a third party, or violates any applicable law.

4.4 You are prohibited from sharing any content that:

  • Is unlawful, misleading, discriminatory or fraudulent;
  • Promotes cheating or unethical behavior in poker and other related sectors;
  • Includes violence, terrorism, suicide, self-harm or criminal behaviour, or attempts to incite the same;
  • Includes nudity or is sexually explicit;
  • Includes any form of hate speech towards any person or group of persons of any sex, gender, race, religion, age, nationality, body shape, mental capacity or any other such characteristic;
  • Includes any form of bullying or harassment;
  • You do not have the rights to share;
  • Infringes someone else’s rights and/or privacy;
  • Includes viruses or any form of malicious code;
  • Attempts to disable, overburden or interfere with the proper operation of the PokerStake Services;
  • Is considered spam;
  • Attempts to data mine or extract information from PokerStake without authorisation;
  • Any other undesirable content according to our discretion.

4.5 PokerStake reserves the right to delete any content, or suspend, block or delete accounts (reversibly or irreversibly) without prior warning if any such user accounts or content violate these Terms.

5. ADVERTISING

5.1 PokerStake and its licensees may display advertisements and other information alongside any information and imagery relating to you. You are not entitled to compensation for such advertisements. The manner, mode, and extent of advertising may change without notice.

6. INTELLECTUAL PROPERTY

6.1 The domain name “PokerStake.com”, and any other trademarks, service marks, signs, trade names and/or domain names used by PokerStake on the Site from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of PokerStake and/or its licensors, and these entities reserve all rights to such Trademarks.

6.2 In addition, all content on the Site, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to PokerStake and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Site you obtain no rights in the Site content and/or the Trademarks, or any part thereof.

6.3 Under no circumstances may you use the Site Content and/or the Trademarks without PokerStake’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by PokerStake and/or its licensors in the Trademarks or the Site Content nor will you do anything that damages the image or reputation of PokerStake, its subsidiaries, employees, directors, officers and consultants.

6.4 You hereby assign to PokerStake absolutely any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright, and all other rights whatsoever, in chat postings, uploading user-generated content or any other interaction made by you while using the Site.

7. INDEMNITY

7.1 You are solely responsible for your use of the Service, and you agree to defend and indemnify PokerStake, its directors, managers, shareholders, employees, contractors, consultants, affiliates, service providers, business partners, subsidiaries, and authorized representatives from any claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising from or related to:

  • Your violation of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law;
  • Your violation of any third-party rights, including intellectual property rights or confidentiality rights;
  • Any dispute or issue between you and any third party;
  • Federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; and
  • Use by you of the Site or use by any other person accessing the Site using your login credentials, whether or not with your authorization.
8. STAKING

8.1 By accessing the Site, you agree to comply with the terms of this Agreement, which includes a limited license granted to you by PokerStake. Please note that the availability of the Site does not constitute an offer or invitation to use the Site in any Prohibited Jurisdiction, and PokerStake may block you from using the Site if you are physically located in such a jurisdiction. Your use of the Site does not confer any rights to the content or related intellectual property rights contained on the Site, and you agree not to monitor, use, or copy the Site or any of its Site Content. Any attempt to hack or introduce malicious code to the Site is strictly prohibited. Additionally, the Site is not intended for use by individuals under the age of 18 or under the legal age of majority in their jurisdiction, or by individuals connecting to the Site from jurisdictions where it is illegal to do so. You are responsible for ensuring that your use of the Site is lawful.

8.2 PokerStake does not provide gambling services. PokerStake is a platform that facilitates the interaction between Users who are selling or buying action into a poker game. PokerStake does not offer poker services, nor does it facilitate the organization of the poker game itself.

8.3 You acknowledge that by agreeing to stake a player, and entering into a staking agreement, there is a risk of losing money, and you agree to accept full responsibility for any losses incurred. You agree that no amounts lost by you will be recoverable from PokerStake or its vendors, licensors, or suppliers. When purchasing a percentage of a player, you are entitled to that percentage of the prize pool collected by the player. When acquiring a stake in a player, you relinquish all decision-making authority to the respective player. The player retains exclusive control over all negotiations including deal making and game selection choices, with their decisions being final.

8.4 PokerStake shall not be responsible for the relationship between Users. It is the responsibility of each User to act in utmost good faith in relation to each other, once a staking agreement has been reached. PokerStake will not be responsible for the recovery of any funds which a user claims to have lost.

8.5 You acknowledge that by agreeing to be staked by another user, and entering into a staking agreement, you are obliged to play to the best of your ability, and to return the agreed portion of the winnings back to your staker. Failure to abide by the staking agreement may result in the immediate suspension of your account, and PokerStake reserves the right (but not the obligation) to settle any outstanding amounts directly from your balance.

8.6 Please note that tournament buy-ins are subject to change after you have purchased them. This is because tournament structures and fees are subject to change up until the start time. If such a change occurs, the percentage of your share will be adjusted accordingly, based on the correct buy-in amount. Please keep in mind that PokerStake cannot be held responsible for such changes.

8.7 You acknowledge and agree that PokerStake is not responsible for any loss or damage that you may suffer as a result of entering into a staking agreement or participating in the Site. You agree to indemnify and hold harmless PokerStake and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the Site, your breach of this Agreement, or your violation of any law or the rights of any third party.

8.8 PokerStake does not guarantee any particular results from your use of the Site or participation in staking agreements. The outcome of any staking agreement is dependent on many factors, including but not limited to the skill level of the player being staked, the quality of the competition, and other factors.

8.9 To enter into staking agreements on the Site, you need to deposit money into your wallet. You undertake that:

  • All money that you deposit originates from a payment source of which you are the legal owner;
  • All money that you deposit is free from and unconnected to any illegal and, in particular, does not originate from any illegal activity or source; and
  • All deposits are authorized.

8.10 You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which PokerStake deems suspicious may be reported to the appropriate authorities.

9. TERMINATION

9.1 We may close your account, suspend your ability to use certain portions of the PokerStake Services, and/or ban you altogether from PokerStake for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account.

10. GENERAL TERMS

10.1 We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

10.2 Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

10.3 The Terms contain the entire agreement between you and us regarding your use of the PokerStake Services and supersede any prior agreement between you and us on such subject matter. You understand and agree that your continued access to or use of the PokerStake Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

10.4 Any failure on PokerStake's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

10.5 If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

10.6 The Terms are not assignable, transferable, or sublicensable by you. PokerStake may assign the Terms in its sole discretion without restriction.

10.7 PokerStake reserves the right to update or modify this Agreement or any part thereof at any time without notice. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.

10.8 The Site may contain third party software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software”). User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement. The Licensed Software may not be altered, modified or extracted from the Site. User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an end user that is an entity, used by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by a User that is an individual, used by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement. All rights not expressly granted in the Licensed Software are reserved.

10.9 Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the PokerStake group of companies and third-party providers.

10.10 Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and PokerStake.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

11.1 PokerStake provides the Services on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Services or its availability, reliability, accuracy, completeness, fitness for a particular purpose, or non-infringement. You agree that your use of the Services is at your own risk.

11.2 To the fullest extent permitted by applicable law, PokerStake, its directors, managers, shareholders, employees, contractors, consultants, affiliates, service providers, business partners, subsidiaries, and authorized representatives shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages in contract or in tort, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the service or this Agreement, even if advised of the possibility of such damages.

11.3 Under no circumstances, including negligence, shall PokerStake 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 pecuniary loss) arising out of the use (or misuse) of the Site even if PokerStake had prior knowledge of the possibility of such damages. Any allowable claim, if any, which you may bring against PokerStake must be brought no later than sixty (60) days after the date of the event giving rise to the claim. You hereby waive any right to bring any claim not brought within such period.

12. FORCE MAJEURE

12.1 PokerStake shall not be liable for any failure or delay in the performance of its obligations under this Agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, strikes, labor disputes, governmental actions, and Internet service interruptions.

13. PROHIBITED JURISDICTIONS

13.1 PokerStake prohibits persons located in (including temporary visitors) or residents of certain jurisdictions from engaging in staking on the Site (the “Prohibited Jurisdictions”). For the avoidance of doubt, the foregoing restriction on engaging in play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on staking by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by PokerStake to identify your location and providing PokerStake with false or misleading information regarding your location or place of residence, including the use of VPN. Any such attempt will entitle us to take such steps as we deem appropriate.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 The Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

14.2 You and PokerStake agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and PokerStake are each waiving the right to trial by jury. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

14.3 Any legal action against PokerStake related to the Services must be filed and take place in Clark County, Nevada. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Clark County, Nevada, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and PokerStake agree to submit to the personal jurisdiction of a state or federal court located in Clark County, Nevada.

15. SEVERABILITY

15.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable.

16. MONETARY TRANSACTIONS

16.1 The Site is not a peer-to-peer monetary transaction site. All transactions must occur through the Site. Any off-site transactions between users are outside the scope of the Site and any off-site transactions are not endorsed or allowed through the use of the Site. Transactions occurring through the Site are not regulated by any federal or state securities regulation bodies.

17. REFUND POLICY / CANCELLATIONS

17.1 Refunds for unused funds from staking packages are processed as quickly as possible but can take up to 24-to-72 hours. PokerStake shall not be held responsible for delays in processing due to third parties or unforeseen circumstances. Cancellation or returns are processed on a case-by-case basis and all decisions made by PokerStake are final.

18. TAXES

18.1 You agree that you are solely responsible for your taxes resulting from winnings through this site and will comply with the following:

  • If you are a US citizen then you must provide a signed and completed form W-9 upon request. Future payouts may be withheld if this is not completed.
  • If you are a non-US citizen, you will need to complete a form W-8BEN. Future payouts may be withheld if this is not completed.
  • We will issue a 1099 to those players and users who profit $600 or more during the calendar year.
19. DATA PROTECTION

19.1 We prioritize the protection of your personal information and take the necessary steps to safeguard the data we collect, store, or use from our Users. Before agreeing to this Agreement, please review our Privacy Policy to understand how your personal information is managed when you access or use our online services. The Privacy Policy is incorporated by reference into this Agreement.

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