Our Online Poker Software Terms of Service
For the purposes of this Agreement, the definition of "Software" will include AA Poker software downloadable to your personal desktop or laptop computer ("PC") from www.aapoker.com(the "PC Software") and the AA Poker mobile software applications (the "Mobile Software") downloadable to a mobile device (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a "Device"), as well as all ancillary software to the poker software (whether web-based software or client/server software).
When using the Service to play the Games (as defined below), you will have the option to purchase virtual chips ("Virtual Chips") pursuant to Clause 1A below in addition to your use of free of charge chips ("Free Chips"). The operation and provision of the Virtual Chips for use in the Games is provided by Memoriki Limited ("Memoriki") a company within AA Poker. For the purposes of this Agreement, the terms "Virtual Chips" and "Free Chips" together shall be referred to as "Chips").
GRANT OF LICENSE/INTELLECTUAL PROPERTY
- Subject to the terms and conditions contained herein AA Poker grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device to access our servers and play the "play for free"/"play money" poker games (the "Games") available (the Software and Games together being the "Service").
- The Software is licensed to you by AA Poker for your private personal use. Please note that the Software is not for use by individuals: (i) under 18 years of age, (ii) under the legal age of majority in their jurisdiction and (iii) connecting to the Site from jurisdictions, countries, provinces, or states from which it is illegal to do so. It is the User's responsibility to ensure that their use of the Service is lawful, and you agree to comply with all country, province, state, and local laws when using the service.
- We reserve the right at any time to request from you evidence of age to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
- AA Poker, its company and its licensor are the sole holders of all rights in the Software and the Software's code, structure and organization are protected by copyright, trade secrets, intellectual property, and other rights. You may not within the limits prescribed by applicable laws:
- a. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise
- b. sell, assign, sublicense, transfer, distribute or lease the Software
- c. make the Software available to any third party through a computer network or otherwise
- d. export the Software to any country (whether by physical or electronic means)
- e. use the Software in a manner prohibited by applicable laws or regulations.
(each of the above is an "Unauthorized Use").
AA Poker and its company, and its licensor reserve all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify us immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide us with reasonable assistance with any investigations we conduct considering the information provided by you in this respect.
- The terms "AA Poker" and the domain names "aapoker.com", "m.aapoker.com" and any other trademarks, service marks, signs, trade names and/or domain names used by AA Poker on the Site and/or the Software from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of AA Poker and/or its Group companies and/or its licensor, and these entities reserve all rights to such Trade Marks. In addition, all other content on the Sites, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content") belongs to AA Poker and its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without our 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 AA Poker, its Group companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of AA Poker, its Group companies, employees, directors, officers and consultants.
PURCHASES OF VIRTUAL CHIPS
We have entered into an agreement with Memoriki Limited to provide and operate the Virtual Chips for use in the Service. When purchasing Virtual Chips for use in the Service you are contracting directly with Memoriki Limited.
1A.1. While using the Service, you may "earn", "buy" or "purchase" Virtual Chips for use in the Service. You hereby acknowledge that these “real world” terms are only used figuratively, and you agree that you have no right or title in Virtual Chips appearing or originating in any Game, whether "earned" in a Game or "purchased" from Memoriki Limited, or any other attributes associated within an account or stored on the Service. Any "virtual currency" balance shown in your AA Poker Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
1A.2. Memoriki Limited prohibits and does not recognize any purported transfers of Virtual Chips effectuated outside of the Service, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Memoriki Limited in writing. Accordingly, you may not sublicence, trade, sell, or attempt to sell Virtual Chips for value of any kind outside of a Game. Any such transfer or attempted transfer is prohibited and void and may subject your AA Poker Account to termination. In addition, you acknowledge that we may commence legal action against you for any harm done by such transfer or attempted transfer of Virtual Chips outside of the Service.
1A.3. You acknowledge that Memoriki Limited is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Chips when an AA Poker Account is closed, whether such closure was voluntary or involuntary.
- We disclaim all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
- Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Sites shall be free from viruses, bugs or other contaminants.
- We reserve the right to suspend, discontinue, modify, remove, or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so including (for example) for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered because of any decision made by us in this regard.
- We retain authority over the issuing, maintenance, and closing of Users' accounts on the Sites. The decision of our management, as regards any aspect of a User's account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.
YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that
- your use of the Service is at your sole option, discretion, and risk.
- the telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond our control and we shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
- you are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the Services.
- you are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether acting on your behalf). Chips have no value in and of themselves and are not transferable and exchangeable within an AA Poker Account except in accordance with transfer chip function within AA Poker. Further, such Virtual Chips have no value in themselves and are not redeemable for any 'real' currency or prize. Thus, you are prohibited from sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your AA Poker Account or any Chips associated with your AA Poker Account to a third person.
- you are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider.
- SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
- PERSONAL USE. The Service is intended solely for the User's personal use and entertainment and not for money and must not in any way be used to create any financial gain or other pecuniary advantage to you. The User must provide full and truthful information in respect of all details and information provided by the User to us, and the User is obligated to update such details in the event of any change thereto.
- COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In addition, we reserve the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly we shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
- EXTERNAL PLAYER ASSISTANCE PROGRAMS TOOLS. We prohibit external player assistance tools ("EPA Tools") that are designed to provide an "unfair advantage" to players. We define "EPA Tools" as computer software (other than the Software), and non-software-based systems (e.g., web sites, subscription services and physical materials). For the avoidance of doubt, what is prohibited encompasses but is not limited to accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play or receiving advice, direction, or assistance on how to play, in real time, that goes beyond a basic level.
- AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software, and without the assistance of any form of artificial intelligence.
- You agree that we may take steps to detect and prevent the use of prohibited EPA Tools. These steps may include, but are not limited to, examination of software programs running concurrently with our Software on the User's PC or Device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third-party software that bypasses, interferes with, or blocks such steps.
- CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand to deliberately transfer his Chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User while using the Service may be permanently banned from using the Service and their AA Poker Account may be terminated immediately. In such circumstances we will be under no obligation to return or credit to you any Chips that may be in your AA Poker Account at such time.
- FRAUDULENT BEHAVIOR. If we deem that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest, or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, we shall be entitled to take such action as we see fit, including but not limited to:
- a. immediately blocking a User's access to the Service
- b. seizing all Chips held in the User's account
- c. terminating a User's account; and/or
- d. taking legal action against a User
OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory, or threatening material or any material that would violate any law or generally be offensive, via the Service whether using the chat function, the player images option or in correspondence with our staff.
- Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, AA Poker or any other company within the Group which provides services to the User reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, including immediately blocking the User's access to the Service or to any other service offered by the Group, terminating such User's account on the Sites or on any other site operated by the Group and/or taking legal action against such User.
- You agree to fully indemnify, defend, and hold harmless AA Poker, the Group and its shareholders, directors, and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of
- 2.1. your breach of this Agreement, in whole or in part.
- 2.2. violation by you of any law or any third-party rights
- 2.3. use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether with your authorization.
LIMITATION OF LIABILITY
- Under no circumstances, including negligence, shall any member of the Group 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 Service even if we had prior knowledge of the possibility of such damages.
- Nothing in this Agreement shall exclude or limit AA Poker or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
SECURITY AND YOUR ACCOUNT
- Each AA Poker Account shall be accessible using a combination of a unique username ("Username"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.
- The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her AA Poker Account.
- The User is obliged to always keep his/her Login Credentials secret and confidential 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 therefrom shall be that of the User.
- A User may only have one AA Poker Account and shall only use the Service using such single account. It is prohibited for a User to open multiple AA Poker Accounts. If we become aware of additional accounts opened by a User, we may close such additional accounts without notice.
- You will not be able to place any bets (with Chips) using the Service in an amount greater than the total amount of Chips in your AA Poker Account.
- We reserve the right to run identity checks on a User, with third party services, using the information provided to us by a User on registration with the Service.
- Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your AA Poker Account, and that all rights in and to your AA Poker Account shall forever be owned by and inure to the benefit of AA Poker.
The User accepts that the historical data of each game shall be as recorded on our servers. In the event of a discrepancy between the cards displayed on your computer and the game records on our server the latter shall prevail. The User accepts that the "Instant Hand History" and "Hand Replayed" features of the Software shall not be considered as the official historical record of any hand.
We reserve the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Sites. Therefore, we encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Hong Kong. You irrevocably agree that subject as provided below. the courts of the Hong Kong shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that 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.
We reserve the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
- No waiver by us of any breach of any provision of this Agreement (including our failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- 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 Memoriki Limited and any company within the Group.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
- This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
- The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Copyright © 2010-2021 Memoriki Limited. All rights reserved.
With respect to AA Poker software
More information is available at www.aapoker.com
Memoriki Hong Kong Office
Room D2, 36/F, Montery Plaza, 15 Chong Yip Street, Kwun Tong,