Terms and Conditions
Last Updated: August, 2024
THE TERMS OF SERVICE ("TERMS") SET OUT BELOW GOVERN YOUR USE OF THE WEBSITE AND SERVICES; YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
This agreement (together with the documents referred to therein) informs you as to the terms of use by which you may use Ace King Suited Services (otherwise referred to herein as "we" or "us" or "the Website" or "the Service" or "the Services" that are available to you, whether as a registered user or as a guest.
1. APPLICATION AND ACCEPTANCE
2. USE OF THE WEBSITE AND SERVICES
3. REGISTRATION AND ACCOUNT CREATION
4. ACCOUNT BALANCE, CREDITS AND ABUSE
5. EXPRESS ACKNOWLEDGEMENTS
6. LICENSES
7. YOUR OBLIGATIONS
8. INTELLECTUAL PROPERTY RIGHTS
9. OUR LIABILITY
10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
11. VIRUSES, HACKING AND OTHER OFFENCES
12. LINKING TO AND FROM THE WEBSITE
13. DISPUTE RESOLUTION
1. APPLICATION AND ACCEPTANCE
1.1 General. Unless otherwise agreed in writing, these Terms apply to your access to and use of the Website and the Services.
1.2 Acceptance of Incorporated Terms. You may not access or use the Website or the Services if you do not accept the Terms. If you do not agree to these Terms of use, please leave the Website immediately. Acceptance of these Terms entails your deemed acceptance of the following, as it may be updated from time to time at our sole discretion:
(a) The Privacy Policy
1.3 Minimum Age and Capacity Requirement. You must be not less than eighteen (18) years of age to access the Website or use Services. Notwithstanding that you may be eighteen years of age or older, you may not access the Services and may not accept the Terms if you are not of legal age or capacity to form a binding contract under the laws of the country in which you are resident or from which you intend to access the Website or use the Services.
1.4 Application of Terms. These Terms apply to: (a) the content, materials, information, documents, graphics and images made available on or from the Services ("Content"); (b) any content, materials, information or documents that you may upload (including any comments that you send or post to any message boards or user blogs) on the Website ("Postings"); (c) These Terms incorporate all other rules and conventions that specifically apply to individual Services. Such rules and conventions will be accessible on the Website and may be updated from time to time.
1.5 Acceptance of Terms. The Terms shall be deemed accepted by you upon the earlier of your: (i) using the Website or the Services; or (ii) clicking to accept or acknowledging agreement with these terms when this option is made available to you in the course of accessing or registering for the Services.
1.6 Amendments and Responsibility for Reviewing. We may make changes to the Terms from time to time, and will make a new copy of the Terms available at this link. You understand and agree that you are responsible for checking this link to determine whether the Terms have been updated and, in any event, that if you access the Website or use the Services after the date on which the Terms have changed, you agree that you shall be deemed to have affirmatively accepted the updated Terms. When we post changes to the Terms, the "Last Updated" date at the top of Terms will be updated.
2. USE OF THE WEBSITE AND SERVICES
2.1 Services Offered In Operator’s Discretion. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. The Website and the Services is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the Website or the Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to you or to users generally at our sole discretion, without prior notice to you. If the need arises, we may suspend access to the Website or the Services, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason the Service is unavailable at any time or for any period but this shall not, of itself, preclude us from returning to you any money that is properly due to you. We may terminate your Account, delete any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website or Service (or any portion, aspect or feature of the Service) for any reason, at any time in our sole discretion.
2.2 Your Access. You may only use the Services if you reside in a jurisdiction that permits you to use our service and participate in poker tournaments. Subject to these Terms, you are responsible for making all technical or other arrangements necessary for you to have access to the Service.
2.3 Services for Personal Use Only. You shall not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.4 Access Disruptions. We are not responsible or liable in any way for any Internet disruptions or disconnections, and all risk and responsibility rests with you. In the event that the access disruption is due to a systems issue within the Ace King Suited systems, the service will be restored as soon as practicable and the running tournaments shall proceed. If restoration of the service is not possible, players will be refunded all credits used for the registration of the tournament and league credits used for player registration will also be refunded.
3. REGISTRATION AND ACCOUNT CREATION
3.1 Account Registration. You must register an account with us ("Account") before you can use our service. You must be at least 18 years old in order to register an Account. We reserve the right to suspend your Account and request proof of age in order to ensure that minors are not using the service. If satisfactory proof of age is not provided we further reserve the right to permanently suspend your Account.
3.2 Accounts Open in Our Discretion. We reserve the right to suspend, disable or terminate your Account at any time in our sole discretion. All decisions regarding the opening, maintenance and closing of Accounts rests with us and any decisions we take regarding any aspect of the Service, and any aspect of an Account is final.
3.3 Information Required. If you choose to register an Account you will be required to provide your full name, age range, email address, country and postal code. If your identity cannot be validated, you may be required to submit additional information or documentation. You will also be required to enter a unique and valid email address after which you will be sent a confirmation email. You may also be required to update the information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities.
3.4 Information to be Valid and Verifiable. We reserve the right to use third party verification services to authenticate your account information and identity, and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit against government-issued ID. If you have provided false information or if you are unable or unwilling to provide documentation to confirm your information, as we are unable to confirm your identify, your Account may be terminated and any and all activity within the Account deemed invalid. By registering an Account you grant us the right to disclose your identity and any information that you have provided in connection with your account to anyone who makes any claim or allegation that: (a) you are a minor or under the minimum age required to make use of any part of the Website; or (b) any Posting or other material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or was otherwise posted or uploaded in breach of these terms of use.
3.5 Access Credentials. You may log in to your Account using your email address and password. You must treat your user email address and password as confidential and not disclose any part of them to anyone else. We have the right to disable any user Account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service. You are responsible for ensuring that no one else (particularly but without limitation those who may share your internet connection) is able to make use of your Account (or email address) and password and you shall be responsible for all transactions that take place on your Account whether or not you knew or consented to such transactions taking place.
4. ACCOUNT BALANCE, CREDITS AND ABUSE
4.1 Overdrawing Credit. We do not allow Accounts to become overdrawn.
4.2 Purchasing Information. To purchase credits you must first supply such information as is required, which will depend upon the method of payment that you select for making the purchase. Once you have supplied the required information, you will be able to purchase credits.
4.3 Purchasing Limits. We reserve the right to place a limit on the amount of credits that you will be able to purchase at any time at a level that we may determine at our sole discretion. You may request that this purchasing limit be altered by contacting our Customer Services Team.
4.4 Uncollected or Reversed Deposits. If any purchase is charged back or is otherwise uncollectible for any reason, any and all services and credits shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance; you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. You expressly acknowledge and agree that, in the event of non-payment of such debt, we may assign such debt to one or more collections agencies, who shall have the legal right to pursue such assigned debt using any or all available legal remedies. Note that following the assignment of such debt to a collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency.
4.5 Credit Transfers. AKS credits gifted by Ace King Suited are not transferrable and must be used by the account that it was gifted to. All purchased credits can be transferred to other League Members or to a League that you are a member of at your discretion. League credits can only be transferred to a league member by the League Managers. All credit transfers are final and cannot be reversed once the transaction has been completed.
4.6 Abuse of System Vulnerability. If, in our reasonable discretion, we determine that an Account sought to or actually did exploit any hardware or software error, malfunction, "bug" or other vulnerability, we shall immediately close such Account and all Account credit balances shall be immediately forfeited. If, in our reasonable discretion, we determine that such activity is occurring, the Account(s) may, in our sole and absolute discretion, be disabled and all Account balances shall be forfeited. In such event, we expressly reserve the right to initiate civil legal proceedings and report such activities to authorities in support of criminal investigations and charges, as appropriate.
5. EXPRESS ACKNOWLEDGEMENTS
BY ACCESSING AND/OR BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
5.1 YOU HAVE VOLUNTARILY SOUGHT OUT AND ESTABLISHED CONTACT WITH THE WEBSITE;
5.2 YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING AND ENSURING YOUR COMPLIANCE WITH ANY LOCAL PROHIBITIONS AND/OR REGULATIONS THAT MAY BE APPLICABLE TO USE OF THE SERVICES, INCLUDING THOSE OF YOUR COUNTRY OR JURISDICTION OF RESIDENCE.
6. LICENSES
6.1 You are hereby granted the following non-transferrable, revocable licenses ("Licenses"): (a) a license to view, use, print and download Content from the Website for your private personal use only; (b) a license to upload Postings to the Website for your private personal use only; (c) a license to download, install and use the Service and participate in the Tournaments for your private personal use only.
6.2 You acknowledge and agree that: (a) none of the Licenses are exclusive to you and you may not transfer your rights under any of them to anyone else; (b) we may revoke or terminate any or all of the Licenses and any of your rights under any of them at any time and for any reason; (c) upon termination of any of the Licenses you must immediately cease using our services; delete the Software; remove any Postings; and destroy all Content that you have printed or downloaded.
6.3 Any rights not expressly granted in these Terms of use are reserved.
7. YOUR OBLIGATIONS
Except as expressly set out in these Terms of use or as otherwise may be permitted by applicable laws, you undertake as follows:
7.1 not to copy or reproduce the Content or Software in any way or for any reason except with our prior written permission or where such copying or reproduction is incidental to normal use of the Content or Software and consistent with the terms of the relevant License;
7.2 not to make alterations to, or modifications of, or create derivative works using the whole or any part of the Content or Software, nor to permit the Content or Software or any part of them to be combined with, or become incorporated in, any other content or software;
7.3 not to copy, reproduce, store or include any of the Content, or Software in any other website or public or private electronic retrieval system or service other than with our prior written consent;
7.4 to the extent that you have printed or downloaded any Content in accordance with these terms of use you agree: not to use any of the illustrations, photographs, images, video or audio sequences or any graphics separately from any accompanying text; and to ensure that our copyright and trade mark notices and any legends, displays and designations in connection therewith appear in all copies and reproductions;
7.5 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
7.6 not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing;
7.7 not to provide or otherwise make available the Software (in whole or in part and including but not limited to program listings, object and source program listings, object code and source code);
7.8not to use any of the Content, Software for commercial purposes without obtaining a license to do so from us or our licensors; and
7.9 to immediately notify us by email to [email protected] if you suspect that the Content, Software or any Postings infringe the intellectual property rights of any other person.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that we are the owner or licensee of all Intellectual Property Rights in the Website, the Content, or Software. Those works are protected by intellectual laws and treaties around the world. All such rights are reserved. For the purposes of these Terms, "Intellectual Property Rights" means patent rights (including patent applications and disclosures), copyrights (including copyright applications), trade secrets, moral rights, know-how and any other similar rights or intangible assets recognized under any law(s) or international convention(s) in any country or jurisdiction in the world where such rights accrue.
8.2 You may print off one copy, and may download extracts, of any page(s) from the Website or the Service for your personal reference and you may draw the attention of others within your organization to material posted on the Website or the Service.
8.3 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
8.4 The integrity of the Software is protected by technical protection measures ("TPM") so that the intellectual property rights, including copyright, in the Software is not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorized removal or circumvention of such TPM.
8.5 We reserve the right to remove any or all of the Content and Software from the Website (in particular but without limitation if we suspect that they infringe another person’s intellectual property rights).
8.6 Subject to these Terms, you shall acquire no rights whatsoever in and/or to the Website, the Content, the Services, or the Software. You may not (and you may not permit or enable anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.
8.7 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed, contained within, or displayed upon the Website, the Software, or the Services. Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any Ace King Suited trade names, trademarks, service marks, logos, domain names, and/or any other distinctive brand features. Unless you have been expressly authorized to do so in writing by us, you expressly agree that you will not use any Ace King Suited trade mark, service mark, trade name, logo or distinctive brand feature in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. OUR LIABILITY
9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE WEBSITE AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES AND AFFILIATES, AND SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO THE WEBSITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9.3 Without limiting any other provision hereof, you understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you access the Website and use the Services at your own risk.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
10.1 We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.
11. VIRUSES, HACKING AND OTHER OFFENSES
11.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server(s) on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately and you shall immediately forfeit all credits in your Account as liquidated damages incurred as a consequence of such attack
11.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
12. LINKING TO AND FROM THE WEBSITE
12.1 You may link to our home page with our permission, which you can request from [email protected], provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This permission may be revoked by us at any time.
12.2 You must not establish a link from any website that is not owned by you.
12.3 The Website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards we establish from time to time.
12.4 If you wish to make any use of material on the Website other than that set out above, please address your request to [email protected].
12.5 The Website may include hyperlinks to other web sites or content or resources. We have no control over any web sites or resources which are provided by companies or persons. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that we shall not be liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. We encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
13. DISPUTE RESOLUTION
13.1 If you have any complaints or concerns arising from your use of the services, including any concerns about material which appears on the Service, please in the first instance contact [email protected] where a member of our team of Customer Service Representatives will handle your complaint.
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