Terms and Conditions
(Please print these out for your records)
These terms were last updated on April 10, 2024.
VIDEOPOKER.COM and the applications (apps) we develop are non-gambling environments devoted to the game of video poker and owned and operated by Action Gaming, Inc. (the "Company," "we" or "us"). Members of VideoPoker.com are required to register and to meet certain eligibility requirements to use the site and applications. There are four types of memberships: Basic (free) Members, Silver Members, Gold Members and Pro Members. Silver, Gold and Pro members are provided benefits that are not available to Basic members.
BY CLICKING "I ACCEPT," OR BY REGISTERING OR OTHERWISE ACCESSING OR USING THIS WEB SITE OR ANY PART OF THE SERVICE PROVIDED ON THIS WEB SITE OR APPLICATIONS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU EXPRESSLY CONSENT AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND PROVISIONS OF THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THE "AGREEMENT"). IF YOU ARE NOT ELIGIBLE, OR DO NOT WISH TO CONSENT AND AGREE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THIS WEB SITE OR ANY PART OF THE SERVICE AND MUST NOT ACCESS OR USE THIS WEB SITE OR ANY PART OF THE SERVICES PROVIDED. YOUR USE OF THIS WEB SITE OR ANY PART OF THE SERVICES PROVIDED, AND OUR PROVISION OF THE WEB SITE AND SERVICES PROVIDED TO YOU, CONSTITUTES AN AGREEMENT BETWEEN US TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
NO GAMBLING. This website and services provided to you through this web site are for entertainment purposes only and do not offer the opportunity to wager or win real money or real-world prizes.
1. Virtual Currency
There is never any requirement to make any purchase of any kind to play games on our Website or on our apps. Our apps may include an opportunity to earn or purchase virtual currency, including but not limited to, virtual coins, virtual points, virtual credits, virtual bonuses and/or virtual chips. For the purposes of this clause, we use the term virtual currency to represent any virtual currency terminology. Regardless of what we call them, our virtual currency is not real money, do not have any monetary value, and may never be redeemed for "real world" money, or other items of monetary value. While we may use terms like "buy," "purchase" or "sell" in reference to virtual currency, we do so only for convenience and such terms in no way indicate that our virtual currency has monetary value or is real currency.
A certain number of free virtual coins may be made available to you to use when you log into our apps at recurring time intervals. If you exhaust your supply of free virtual coins, you may elect to purchase additional virtual coins and continue to play the games until additional free virtual coins are available to you.
If you wish to purchase virtual currency you will be required to pay using "real world" money. Virtual currency can never be redeemed or cashed out for "real world" money, goods, or any other item of monetary value from VideoPoker.com or any other party. You understand that you have no right or title to the virtual currency appearing or originating in any VideoPoker.com app, whether initially "free" when you log in, "awarded" in a game or "purchased" from VideoPoker.com. Any purchase of virtual currency from VideoPoker.com is final and not refundable, transferable or exchangeable in any way including selling, gifting or trading.
VideoPoker.com may manage, regulate, control, modify or eliminate your virtual currency at our sole discretion, and VideoPoker.com will have no liability to you or anyone for exercising those rights. In addition, all virtual currency is unconditionally forfeited if your account is terminated or suspended for any reason at VideoPoker.com’s sole discretion, or if VideoPoker.com discontinues any app or any portion or feature of any app.
Virtual coins may only be held and purchased if you are legally permitted to purchase such virtual coins in the United States or in your country, province, jurisdiction and/or state of residence.
2. Web Site Registration
A. Initial account establishment. To register on the site and become a Basic, Silver, Gold or Pro 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; (iii) all information you provide is true, accurate, current and complete, (iv) you have not previously been suspended or removed from the Service, and (v) your registration and your use of the Service is in compliance with all applicable laws and regulations.
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 or change it for you. 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.
E. Privacy. By joining VideoPoker.com and agreeing to these terms and conditions, you also consent to the Privacy Policy.
3. 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.
4. 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 ForumB. Ad Blocking Technology. In order to play games for free, ad blockers must be disabled.
5. Silver Membership (where available)
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 with both monthly and annual price plans. Pricing may vary. 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 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. Certain promotional offers have a limited discount period after which the user will pay the full price, which is agreed to upon acceptance of the promotion. In the event of any other change in fees for an active subscription, notification will be sent to the email address we have on file to let you know of an upcoming change at least thirty (30) days before the changes become effective. 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.
6. Gold Membership (where available)
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. Gold Training
vii. Choose your own pay tables
B. Cost of Gold membership. Gold memberships are available with both monthly and annual price plans. Pricing may vary. 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 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. Certain promotional offers have a limited discount period after which the user will pay the full price, which is agreed to upon acceptance of the promotion. In the event of any other change in fees for an active subscription, notification will be sent to the email address we have on file to let you know of an upcoming change at least thirty (30) days before the changes become effective. 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.
G. Gold Merchandise Packages. People who sign up for an annual GOLD membership may be sent a free merchandise package. Items included in the package can vary from time to time depending on merchandise inventory. These packages are only available to residents of the United States and are limited to one per customer.
7. Pro Membership (where available)
A. Services. PRO members receive access to certain areas of VideoPoker.com that are not available to other members. PRO members receive all of the benefits of GOLD membership plus all the features in the Pro Training program.
B. Cost of Pro membership. PRO memberships are available with both monthly and annual price plans. Pricing may vary. PRO memberships are non-refundable. payable in advance.
C. Authorization and billing. By completing the PRO membership registration, you authorize Action Gaming to charge applicable recurring PRO membership fees to your designated credit card or debit card. PRO members are billed on a monthly cycle. If you have signed up for an annual PRO 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 PRO 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, PRO 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 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. Certain promotional offers have a limited discount period after which the user will pay the full price, which is agreed to upon acceptance of the promotion. In the event of any other change in fees for an active subscription, notification will be sent to the email address we have on file to let you know of an upcoming change at least thirty (30) days before the changes become effective. 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 PRO membership.
E. Canceling your PRO membership. You may cancel your PRO membership at any time, but Action Gaming will not refund any remaining portion of your membership fees. To cancel your PRO membership log in to VideoPoker.com and click on Account Settings for cancellation instructions.
F. PRO Merchandise Packages. People who sign up for an annual PRO membership may be sent a free merchandise package. Items included in the package can vary from time to time depending on merchandise inventory. Merchandise packages are only available to residents of the United States and are limited to one per customer.
8. Pro Training Subscription (where available)
A. Services. Pro Training is a set of features designed to help players improve their video poker play.
B. Cost of PRO Training. PRO Training subscriptions are available for $ 6.95 per month or $ 49.95 per year. PRO Training subscriptions are payable in advance and are non-refundable.
C. Authorization and billing. By completing the PRO Training subscription registration, you authorize Action Gaming to charge applicable recurring PRO Training fees to your designated credit card or debit card. PRO Training subscribers are billed on a monthly cycle. If you have signed up for an annual PRO Training subscription, 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 PRO Training subscription at the end of the period and you will be billed according to the plan you are currently on. To avoid uninterrupted service, PRO Training 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 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. Certain promotional offers have a limited discount period after which the user will pay the full price, which is agreed to upon acceptance of the promotion. In the event of any other change in fees for an active subscription, notification will be sent to the email address we have on file to let you know of an upcoming change at least thirty (30) days before the changes become effective. 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 PRO membership.
E. Canceling your PRO Training subscription. You may cancel your PRO Training subscription at any time, but Action Gaming will not refund any remaining portion of your fees. To cancel your PRO Training subscription, log in to VideoPoker.com and click on Account Settings for cancellation instructions.
F. Free trial subscriptions. VideoPoker.com will occasionally offer promotional free trial periods of PRO Training. Only one free trial period is allowed per subscriber.
9. Site and App 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.
- Attempting to dominate the chat with nonsense or making hateful 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, at 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 points, 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.
10. Players Club (where available)
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. Merchandise redemption is only available for shipping within the United States.
I. VideoPoker.com may engage in strategic relationships, which may result in the accumulation of Players Club points.
J. 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.
K. 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.
L. 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.
M. 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.
N. Once a member has redeemed a GOLD membership prize, he or she is not eligible for any free GOLD membership trial memberships.
O. 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).
P. 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.
Q. VideoPoker.com reserves the right to modify or cancel this program at any time, for any reason.
R. By participating in this program, participants agree to the rules, terms, and conditions.
S. 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.
11. Contests (where available)
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, at 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. One account per individual. Each individual is only permitted to participate in a contest with one account. If Action Gaming believes, at its sole discretion, that a player has participated in a contest under more than one account, their scores may be invalidated or their account may be closed completely.
D. Prize checks. Prizes will be issued in the name of the account holder only. A first and last name are required in order to participate in a contest. First and last name are used for the issuing of prizes and are not available to the public. Once established, the account holder name may not be changed. It is the responsibility of the player to ensure their account is listed under a name for which they will be able to receive payment.
E. 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.
F. 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 prize in the event that any contest is cancelled.
12. Host Competition and Spin Purchases (where available)
A. Description. A Host Competition will take place to determine a contest host for a Members Rule contest, as described at https://www.videopoker.com/members_rule/.
B. Spin Purchases. Purchased spins may be used at any time and may be saved for future weeks. Purchased spins operate the same as free spins and the odds on each spin are equal. Purchased spins are for one additional entry in the Host Competition to become the host of the following week's Members Rule Contest. Purchased spins are not refundable or transferable and have no cash value. There is no prize available in the Host Competition and purchasing spins does not increase your chance of winning a prize in any contest. Purchases for the Host Competition do not impact your participiation in the Members Rule Contest, which is free to participate in at all times with equal access for all eligible players.
C. One account per individual. Each individual is only permitted to participate in a Host Competition with one account. If Action Gaming believes, at its sole discretion, that a player has participated under more than one account, their scores may be invalidated or their account may be closed completely.
D. Right to cancel. If Action Gaming or VideoPoker.com, its parents, affiliates, managers, or directors determines that operating the Host Competition is not feasible for any reason, including, but not limited to, a change in the risk of operating the competition, or insufficient participation, then the competition may be ended by Action Gaming or VideoPoker.com and Action Gaming or VideoPoker.com shall owe you nothing.
13. Training Tools (GOLD Training, Pro Training and Other Training Tools)
A. Purpose of Tools. The video poker training tools ("Tools") provided by VideoPoker.com are intended solely for informational and educational purposes. They are designed to assist users in understanding the mechanics of video poker games and to offer strategies aimed at maximizing potential returns.
B. No Guarantee of Success. VideoPoker.com does not guarantee or promise any specific outcomes as a result of using the Tools. The effectiveness of the Tools may vary based on individual usage, and there is no assurance of increased success in real money gaming activities.
C. Limitation of Liability. Under no circumstances shall VideoPoker.com be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Tools, including but not limited to reliance by a user on any information obtained from the Tools or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation, or transmission, or any failure of performance of the Tools.
D. No Financial Advice. The Tools do not provide financial advice, and nothing within the Tools should be construed as financial advice. Users are advised to exercise discretion and consider their individual financial positions before engaging in real money gaming.
14. 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 https://www.videopoker.com/requirements/
15. 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.
16. 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.
17. 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.
18. Dispute Resolution and Arbitration
A. Generally. Except as described in Section 17(b) (Exceptions) and 17(c) (Opt-Out), you and Company agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to 5220 Haven Street, Suite 107 Las Vegas, NV 89119 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Company receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
D. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Company.
E. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Company’s address for Notice is: 5220 Haven Street Suite 107 Las Vegas, NV 89119. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
F. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
G. Arbitration Relief. Except as provided in Section 17(h) (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company before an arbitrator was selected, Company will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
H. No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
I. Modifications to this Arbitration Provision. If Company makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice of Arbitration, in which case your account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
J. Enforceability. If Section 17(h) (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to these Terms.
19. Modification of Terms
We may, from time to time, change this Agreement. Please check this Agreement periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Web site and Service. If you do not agree to the modified Agreement, then you should discontinue your use of the Web site and Service. Except as expressly permitted in this Section 18 (Modification of Terms), this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement.
20. 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. This Agreement is governed by the laws of the State of Nevada without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Las Vegas, Nevada for resolution of any lawsuit or court proceeding permitted under these Terms. 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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