ECOM ENTERPRISE NV, parent company for TigerGaming.com and of Action Commerce Limited.
ECOM ENTERPRISE NV and all affiliated companies (hereinafter referred to as "Ecom") are fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Interactive Gaming. Ecom is the owner and/or operator of the poker card room and online casino which consists of the provision of Multi-player and Single-player Interactive Poker and Casino Games on the Internet (hereinafter referred to as the "CARD ROOM") and hosted by the Action Poker Network (APN). Such gambling on the internet, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and read carefully our terms and conditions. Action Commerce Ltd (ACL) is the payment processing company in the Ecom Enterprise Group.
You shall only use the Services provided by ACL if you are at least of legal age in the jurisdiction where you are physically located while accessing the Services, and you are 18 years old or older.
1. Terms & Conditions
1.1. By playing at the CARD ROOM, and provided that you (the "PLAYER") are 18 years old or more, you will be deemed to have manifested your consent to enter into the following Agreement with Ecom and to accept its terms and conditions, which have been accepted by Ecom. Please read the Agreement carefully, consult legal counsel in your jurisdiction if you have any doubts about your rights and obligations, and keep a copy for your records.
1.2. The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER has NOT reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater.
1.3. If an underage player is detected, all monetary and non-monetary prizes are removed from the associated account. The prizes will be credited to the player who came in the closest subsequent position in the relevant competition.
2. Purpose of Agreement
2.1. The purpose of this Agreement is to regulate the legal relationship between Ecom and the PLAYER once the PLAYER starts using the CARD ROOM for real money wagering on the Internet.
3. Declarations by PLAYER
3.1. PLAYER declares and warrants that:
| 3.1.1. | The PLAYER is at least 18 years of age or older. | ||||||||
| 3.1.2. | All PLAYER'S details contained in the Registration Form submitted to the CARD ROOM are true and correct. | ||||||||
| 3.1.3. | The PLAYER does not find the CARD ROOM or its Website to be offensive, objectionable, unfair, or indecent. | ||||||||
| 3.1.4. | The PLAYER will participate in the Poker or Casino Games offered by the CARD ROOM to gamble on the Internet for his/her own private personal use only and not for any business use, or use by others. To the best of his/her knowledge, The PLAYER is not contravening any laws of his/her home jurisdiction by gambling on the Internet on the Poker or Casino Games offered by the CARD ROOM. | ||||||||
| 3.1.5. | The PLAYER can only have three accounts across the Action Poker Network. If the PLAYER opens a new account either on their existing APN brand or with another APN brand, that new account will be closed. If there has been any activity in the new account before closure, then the account balance (comprising any deposits or winnings but not bonuses) will be transferred to their existing APN account. | ||||||||
| 3.1.6. | The PLAYER shall hold Ecom, its employees, officers, directors, licensees, distributors, partners, shareholders, affiliates, contractors, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of the PLAYER'S
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| 3.1.7. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER is an officer, director, employee, consultant or agent of the Company, umbrella companies, suppliers or vendors (each aforementioned individual is deemed an "Unauthorized Person"). Unauthorized Persons are not permitted to register with Ecom or any affiliated organization or to participate directly or indirectly in any of the Games. Similarly, Ecom reserve the right to prohibit relatives of Unauthorized Persons from registering with Ecom or any affiliated organization or from participating directly or indirectly in any of the Games. For these purposes, the term "relative" includes (but is not limited to) spouse, partner, parent, child or sibling. | ||||||||
| 3.1.8. | The PLAYER is fully aware that there exists a risk of losing money when gambling on the Internet through the participation in the Poker or Casino Games offered by the CARD ROOM. The PLAYER accepts all such risks and agrees not to hold Ecom responsible for any loss of money by the PLAYER. | ||||||||
| 3.1.9. | The source of the funds used by the PLAYER for gambling on the internet through the participation in the Poker or Casino Games offered by the CARD ROOM is not illegal. | ||||||||
| 3.1.10. | The PLAYER is fully aware that neither obscene, indecent or abusive usernames, nor abusive or offensive language will be tolerated on the chat boards, in the games, or otherwise expressed by the PLAYER in the CARD ROOM or with Ecom staff. Any violation of this policy will result in a suspension of chat and/or playing privileges or such other action as may be reasonably required by Ecom to ensure compliance including possible termination of the PLAYER's Account. | ||||||||
| 3.1.11. | The PLAYER is not entitled discuss rake with other APN members either on chat or in any other medium. Any violation of this policy will result in the termination of the PLAYER's account. | ||||||||
| 3.1.12. | The PLAYER is not entitled to make untrue and/or malicious and/or damaging comments with regard to Ecom's operation in any media or forum. | ||||||||
| 3.1.13. | The PLAYER is aware that abuse of deposit bonuses is not allowed. If a PLAYER activates a deposit bonus then makes a withdrawal before fulfilling all the requirements to clear that bonus, that or all bonuses will be forfeited at the discretion of APN. | ||||||||
| 3.1.14. | When customers apply for any deposit bonus, if the account balance goes to zero before generating the required Pop Points, the customers are not forced to make another deposit, however, real funds are required to generate Pop Points in order to complete the bonus requirements. When a deposit bonus is requested and account goes to $0 balance before Pop Points requirements are completed, customers are allowed to make more deposits in order to complete any Pop Points requirements. However, deposits are not accumulative and only the deposit that applied for the bonus will be redeemed. | 3.1.15. | On cash back promotions, inter-account transfers and any type of free chip, the player must rake the given amount at least once as of the moment the bonus money is credited, before any withdrawal can be made. | ||||||
| 3.1.16. | When multiple cash back promotions or inter-account transfers are credited to the account, all cash back bonuses or transfers must be fully raked before any withdrawal can be requested. | ||||||||
| 3.1.17. | The PLAYER shall periodically review these Terms and Conditions posted at Ecom Web Sites at a rate of not less than once every month. | ||||||||
| 3.1.18. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER does not fully understand, agree to, bEcome a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time. | ||||||||
| 3.1.19. | The PLAYER fully understands that all rules, regulations, and payoffs contained herein are subject to change and revision by Ecom without prior written notice. | ||||||||
| 3.1.20. | The PLAYER fully understands and agrees that the PLAYER is solely responsible for his/her account transactions and should keep his/her account information confidential. Should a PLAYER give away, share or lose his/her account number and/or password, Ecom will not be held liable for any claims regarding that account. | ||||||||
| 3.1.21. | The PLAYER accepts that "Play Money" funds have no value in and of themselves and are not transferable and exchangeable within an account and are not redeemable for any 'real' currency or prize. | ||||||||
| 3.1.22. | The PLAYER accepts that POP points are earned by contributing to real money raked hands and buying in to tournaments. The PLAYER accrues POP points from 1st April to 31st March each POP year. POP accrued in each POP year remains valid until 30th June of the next POP year, at which point it expires and is forfeited. POP points accrued as part of a deposit bonus promotion will not count towards the PLAYER’s final POP total and the value of these POP will be deducted before the remaining POP can be used in other promotions. | ||||||||
| 3.1.23. | The PLAYER shall not participate in the Poker or Casino Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the CARD ROOM, nor accept any Prize if the PLAYER's computer is located in the country of Turkey United States of America or South Africa or the Credit Card used for deposits is issued by a Turkish, US or South African Bank. Ecom does not accept players from Turkey, United States of America and South Africa. | ||||||||
| 3.1.24. | The PLAYER shall not change his/her real name from that previously provided. The PLAYER may only UPDATE address details in case of change of location; however, if country of residence changes, the customer shall provide a copy of a utility bill confirming the address in the new country of residence. In cases where the PLAYER's last name changes as a result of marriage, THE PLAYER must notify the company and provide a copy of a picture ID with the new name, whereupon the existing account will be closed and a new account opened. |
4. Declarations by Ecom
4.1. Ecom declares and warrants that:
| 4.1.1. | Ecom, an International Business Corporation, is fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Internet Gaming. |
| 4.1.2. | Ecom's operation of the CARD ROOM is directed only towards PLAYERS who by the laws of their home jurisdiction are not prohibited from gambling on the Internet. Ecom carries no intent to enable a PLAYER to participate in the Poker or Casino Games offered by the CARD ROOM on the Internet in contravention of any law in the PLAYER'S home jurisdiction. |
| 4.1.3. | All Poker or Casino Games comply with clearly set rules and, where applicable, are as close as possible to Las Vegas rules. All rules are designed to be fair, and all rules for all Poker or Casino Games offered by the CARD ROOM are clearly laid out for the PLAYER to view at any time. |
| 4.1.4. | Ecom has made every reasonable effort to ensure that all passwords and PLAYER names employed by the PLAYER are thoroughly secure against third party access. |
| 4.1.5. | To maintain a high level of security and integrity in the system, Ecom reserves the right to conduct a security review at any time to validate PLAYER's identity, age, the registration data provided by the PLAYER and to verify the PLAYER's playing of the Games and the PLAYER's financial transactions for potential breach of this Agreement and of applicable law. As such the PLAYER authorises Ecom and/or its agents to make any inquiries of the PLAYER and for Ecom and /or its agents to use and disclose to any third party what Ecom considers necessary to validate the information the PLAYER provides to Ecom or should provide to Ecom in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, the PLAYER agrees to provide such information or documentation as Ecom, in its unrestricted discretion, may request. |
| 4.1.6. | Funds are returned to a player’s account and the hand void in the event that the gaming server or software does not allow a cash/ring game to be completed. |
| 4.1.7. | Funds are returned to a player’s account in the event that the gaming server or software does not allow a tournament to be completed. |
| 4.1.8. | Any criminal or suspicious activity may be reported to the appropriate law enforcement agencies. |
| 4.1.9. | The Kahnawakie Gaming Commission will cooperate with and, when appropriate, provide information concerning actual or potential money-laundering activities of which it becomes aware, to the Kahnawake Peacekeepers and/or such other domestic or international agency or agencies that are appropriate. |
| 4.1.10. | Any illegal activities will be reported to the appropriate law enforcement. |
5. Rules and Instructions
5.1. PLAYERS who participate in the Poker or Casino Games offered by the CARD ROOM, shall do so exclusively in accordance with, and governed by, Ecom'S rules and instructions as detailed on the Internet Web Site of the CARD ROOM from time to time, including, without limitation, in respect of the gambling methods, playing rules, payment procedures, and payoffs of winnings.
6. End User License Agreement
NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"). INSTALLATION OR USE OF THE ENCLOSED ECOM ENTERPRISE SOFTWARE ON YOUR COMPUTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU ("USER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. THIS AGREEMENT GOVERNS THE ECOM ENTERPRISE SERVER ("SERVER"), THE ECOM ENTERPRISE CLIENT ("CLIENT"), ALL INTELLECTUAL PROPERTY CONTAINED THEREIN (COLLECTIVELY, THE "SOFTWARE") AND THE FOLLOWING TERMS AND CONDITIONS.
The Server software runs from a remote computer owned and operated by ECOM Enterprise. You ("User") will not have access to the Server software, except through the means provided via the operation of the Client software. The Client software will be made available to the user, under the terms outlined in this agreement. The User will identify himself/herself to the software via a unique Player ID ("Player ID") and unique and secret password ("Password") known only to the User.
Both the Client and the Server are protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
7. The CARD ROOM
| 7.1. | The CARD ROOM and all associated software and hardware are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the CARD ROOM or the software/hardware. |
| 7.2. | We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us. |
| 7.3. | We cannot guarantee that the CARD ROOM will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Support. |
| 7.4. | Although we shall take all reasonable measures to ensure that the software and files are free from computer viruses we cannot and do not guarantee that the software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus. |
| 7.5. | We may temporarily suspend the whole or any part of the CARD ROOM for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the CARD ROOM, as soon as is reasonably practicable, after temporary suspension. |
| 7.6. | In the event of a CARD ROOM malfunction all bets are void. |
| 7.7. | We will not be liable to you for any loss that you may incur as a result of such suspension or delay. |
8. Telecommunication Service Provider
8.1 Ecom shall not, in any way, be responsible for any acts or omissions made by the PLAYER'S Telecommunication Service Provider ("TSP") with which the PLAYER has contracted to give access to the CARD ROOM, and Ecom shall not be a party to any dispute between the PLAYER and TSP, nor shall any such dispute have any effect on the obligations of the PLAYER under this Agreement.
9. Copyrights/Trademarks
9.1 The PLAYER undertakes to respect all applicable copyrights and/or trademarks related to Ecom'S operating of the CARD ROOM, and to exercise all necessary prudence in the use of all security measures.
10. Termination
| 10.1. | The PLAYER may terminate this Agreement by notifying Ecom in writing at any time, provided the PLAYER owes no money to Ecom for any reason whatsoever. |
| 10.2. | Ecom reserves the right to terminate the PLAYER'S membership, at any time and for any reason, at its sole discretion, and in particular in case of any activity that may harm Ecom, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM. |
| 10.3. | Members may appeal any decision made by Ecom during a period of three months from the date of the last communication with Ecom regarding the case. After this period the case will be considered closed and will not be reopened by any authority/tribunal. |
| 10.4. | Upon termination by the PLAYER or Ecom as above, Ecom shall refund the PLAYER any funds which may be in the PLAYER'S account over and above any amount which may be owing to Ecom (if any). If account is terminated due to any activity that may harm Ecom, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM, refund shall not exceed the initial deposit made by the PLAYER. |
| 10.5. | Termination by the PLAYER or Ecom as above shall be without prejudice to recovery by either party of any amount legally due by the other party in virtue of this Agreement. |
| 10.6. | Should the PLAYER fails to use his or her account for THREE months, the PLAYER's account will be considered a dormant account. The three-month period will run from the date of the PLAYER's last login to his or her account. The provisions of this Clause will only apply if all of the PLAYER's Real Money Accounts at the Ecom Enterprises member CARD ROOMs (including casinos) constitute Dormant Accounts. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the CARD ROOM's and/or Casino's sole and unrestricted discretion, be handled by the CARD ROOM until The Dormant Account is reactivated by the PLAYER. As soon as the account becomes active again, the balance will be automatically updated. |
| 10.7. | Ecom has the right to hold any and all of a PLAYER's funds indefinitely if it is found, determined at the sole discretion of Ecom, that the player has been involved in fraudulent activity in the CARD ROOM. Fraudulent activity may include, but is not limited to, stolen credit cards, unlawful transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information. |
11. Applicable Law/Jurisdiction
11.1. This Agreement, the interpretation and execution thereof, and the relationship between the parties, shall be governed by, and construed in accordance with, the laws of the Mohawk Territory of Kahnawake.
11.2. Any claim or dispute arising either directly or indirectly out of this Agreement shall be brought before the competent court of the Mohawk Territory of Kahnawake, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, Ecom shall have the right to institute any legal proceedings against the PLAYER before the competent court in the PLAYER'S home jurisdiction or elsewhere.
THIS AGREEMENT IS DEEMED ACCEPTED AND SIGNED BY ACTION COMMERCE LIMITED AND BY THE PLAYER AS INDICATED IN THE INTRODUCTORY PARAGRAPH ABOVE UNDER THE HEADING "TERMS AND CONDITIONS", ON THE DATE ON WHICH THE PLAYER FIRST STARTED PLAYING MULTI OR SINGLE-PLAYER POKER OR CASINO GAMES OFFERED BY THE CARD ROOM ON THE INTERNET.
Ecom Enterprise reserves the right to change the license agreement and the terms and conditions from time to time. This license is governed by the laws of the Mohawk Territory of Kahnawake.
Copyright (c) 2002-2010 Ecom Enterprise - All rights reserved.
More information is available at www.actionpokernetwork.com
Ecom Enterprise can be contacted by email at support@actionpokernetwork.com
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TigerGaming, Action Commerce Ltd. and Ecom Enterprise NV are fully-owned subsidiaries of Playsafe Holding AS, a publicly-listed company in Norway (OTC). All poker brands operated by Playsafe Holding AS are licensed and regulated under the rules of the Kahnawake Gaming Commission. We do not accept U.S. wagers.   
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