FRESH DECK POKER

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED GSN TERMS OF SERVICE LOCATED AT http://www.gsn.com/corporate/terms.html AND THE GSN PRIVACY POLICY LOCATED AT http://www.gsn.com/cgi/corporate/privacy.html , (WHICH ARE INCORPORATED HEREIN) BEFORE USING THIS APP OR ANY OF ITS COMMUNITY FEATURES. BY USING THIS APP, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE TERMS OF SERVICE. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH GSN. PLEASE READ IT.

SECTION ONE - GENERAL INFORMATION

1.1  Terms and Conditions Binding

These Fresh Deck Poker (“the App”) Terms and Conditions and all other obligations and rules detailed in writing in the App (collectively, the "Terms and Conditions") are between GSN Games, Inc. (each, "GSN", "us," or "we") and everyone who uses the App (each, "you," "user," or "player"). By using the App, creating an account, or participating in any match or service offered in the App, you unconditionally accept and agree to be bound by all terms, conditions and notices contained or referenced in the App, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time. Your continued use of the App following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any modifications.

 

1.2 Entire Agreement

These Terms and Conditions, the GSN Terms of Service and GSN Privacy Policy (collectively “GSN Policies”) constitute the entire agreement between you and us pertaining to your participation in and with the App and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.No waiver of any of the provisions of the GSN Policies shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. The GSN Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with GSN. Nothing in this subsection will prevent us from modifying the terms of these Terms and Conditions and posting such modifications in the App.

1.3 Severability

If any portion of the GSN Policies is deemed void or unenforceable by a court of competent jurisdiction, then that provision shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intention of GSN, and the remaining portions shall remain in full force and effect.

1.4 Changes to the App and/or Terms and Conditions

GSN reserves the right, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the App or these Terms and Conditions, in whole or in part, at any time without notice. For changes to these Terms and Conditions that we deem material, we will place a notice in the App by revising the link on to these Terms and Conditions to read substantially as “Updated Terms and Conditions” for an amount of time that we determine in our discretion. If you access or use the App in any way after the Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the App and will supersede all previous versions of these Terms and Conditions.

SECTION TWO – ELIGIBILITY AND OTHER OBLIGATIONS

2.1 Eligibility

 2.1.1 United States.  To be eligible to register and open an account and/or participate in any competition offered in the App, you affirm that you: (a)are a person at least 13 years of age; and (b) the information you provide in creating your account is accurate and complete.

 2.1.2 Non-U.S. To be eligible to register and open an account, you affirm that you: (a) are a person at least 13 years of age; and (b) the information you provide in creating your account is accurate and complete.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.


2.2 Location of Users

You are subject to all laws of the city, state, province and country in which you reside and from which you access the App. You are solely responsible for complying with those laws. You agree that GSN cannot be held liable if laws applicable to you restrict or prohibit your use of or participation with the App. GSN makes no representations or warranties, express or implied, as to the lawfulness of your accessing the App or participating in any competition offered in the App. No person affiliated, or claiming affiliation, with the App has authority to make any such representations or warranties.


2.3 Recommended Devices

You understand that by participating in game in the App, you may be playing against other players using different types of mobile devices. GSN shall not be liable for damage that my occur or other issues you my encounter if your mobile device does not meet the minimum system requirements or as a result of playing against user of different types of mobile devices GSN recommends a minimum iOS 7+ on Apple devices and Android 4.0+ on Android devices.


SECTION 3 – CHAT & APP GUIDELINES

3.1 Chat

This App allows users to live chat with other players and to view other player’s chat. You are solely responsible for your chat and any consequences that may arise from chat between you and other users.You represent and warrant that you will comply with the Community Guidelines set forth in the GSN Terms of Service and the App Guidelines set forth below. By using the chat feature in the App you grant GSN the worldwide, non-exclusive, royalty-free, sublicenseable right to use, reproduce, distribute and display your chat in the App.You also grant all other users of the App a non-exclusive license to see your chat for viewing and responding purposes only. Each user retains ownership and is responsible for their chat in the App.The only right you have, as it relates to other user’s chat, is to view and respond to that chat within the App.


3.2 App Guidelines

In addition to the Community Guidelines set forth in the GSN Terms of Services, you agree to adhere to the App Guidelines. We encourage chat among players! However, improper use of the chat feature will not be tolerated. Please observe the following Chat Guidelines:
In addition to the Chat Guidelines mentioned above, you agree to abide by the following Card Room Code of Conduct in order to ensure everyone enjoys a fair gaming experience:
Violations of the Card Room Code of Conduct may result, at GSN’s discretion, in the following consequences to players:
Players suspecting violations of the Community or App Guidelines can report potential violations by following these directions:

Working together we can ensure the App remains a safe, fair and fun place to play poker!


3.5 Indemnification

You agree to defend, indemnify and hold harmless GSN its parents and affiliates and their officers, directors, employees and agents, from and against any third party claims, damages, losses and causes of action arising as a result of your chat and card room conduct.


SECTION 4 – ACCOUNT REGISTRATION & MANAGEMENT

4.1 Limitations on Number of Accounts

Players may establish one account per person. Each mobile device may have multiple accounts so long as each account maps back to unique individuals.  Multiple accounts may not be created sharing the same email.  GSN reserves the right to monitor all activities in the App, including any effort to establish multiple accounts. In the event GSN discovers that you violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and GSN may void any associated winnings to any or all of the account(s). GSN further reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.


4.2 Fraud and Abuse

Fraud and abuse relating to the access and use of the App is strictly prohibited. In accessing the App or participating in any activities, products or services offered by or through the App, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the App. Users engaging, participating or displaying behavior that may be interpreted, in GSN's sole and absolute discretion, as the use of unfair methods in the App, including but not limited to, using more than one account, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners), collusion with other players, harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the App, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), may subject you to immediate sanction (as determined by GSN in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of the App access; (2) forfeiture of any in App purchases that you may otherwise have been entitled to receive; and (3) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. Without limiting any provision of the Terms and Conditions, GSN expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.


4.3 Virtual Items

The App may include different types of virtual currencies (“Virtual Currencies”) and items that can be purchased and used within the App (“Virtual Goods”) (collectively “Virtual Items”). In some cases you may be able to purchase Virtual Items for in App use.  Virtual Items have no monetary value and cannot be exchanged for real money. You may be able to gift Virtual Items to other players.  Other than gifting to other players, Virtual Items are non-transferable. You do not own Virtual Items, rather you have a limited revocable license to use Virtual Items.  The sale of Virtual Items is final and will not be refunded by GSN.  If your account is suspended, canceled or terminated for any reason, GSN will not compensate you for loss of any Virtual Items. GSN may control, regulate, change and remove any Virtual Items from your account without any liability to you. GSN may revise its policies and pricing for Virtual Currencies and/or Virtual Goods at any time.


4.4 Account Cancellation

You may cancel your account at any time. If you do not agree to the terms of the GSN Policies, your sole remedy is to not use the App and to cancel your account. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any disputes with GSN, including but not limited to disputes arising out of: (i) any provisions of the GSN Policies or GSN’s enforcement or application of the GSN Policies; (ii) any changes to the App; (iii) your ability to access the App; or (iv) the amount or type of fees, taxes, billing methods for the App.

To initiate cancellation of your account visit support@freshdeckpoker.com and indicate you would like to cancel your account. At that time, your account will be locked and canceled by GSN. GSN reserves the right to collect fees or costs incurred by you before you cancel your account.  Any delinquent or unpaid fees and other unresolved issues with GSN must be settled before you establish a new account.

GSN may cancel your account at any time, in its sole discretion, for any reasons set forth in the GSN Policies or otherwise.


SECTION FIVE - LIMITATIONS OF LIABILITY

5.1 Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any competition offered in the App, you agree that GSN is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App or your account.

Any attempt to gain unauthorized access to the App's systems or any account, interfere with procedures or performance of the App, or deliberately causing damage to or undermining the App, may subject you to civil and/or criminal prosecution and may result in immediate termination of your account and forfeiture of any prizes.


5.2 Accounts for Individual Use Only

You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions.  You are entitled to all benefits accruing to you as a result of being the account holder. You may not allow any other person to access your account, access the App, accept any winnings, or participate in any competition using your account. Your account is not transferable. By registering and/or participating in any competition offered in the App, you agree to indemnify, defend, and hold GSN harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.


5.3 App and Account Availability

GSN does not guarantee that the App or access to your account will be available at all times and/or in all geographic locations. GSN is not liable for any loss which may be caused by your inability to access the App or your account.



Last Updated: April 26, 2016