TERMS AND CONDITIONS
Please carefully read this agreement (the "Agreement") in its entirety prior to your use of www.pocketfives.com (the “Site”) because these terms affect your obligations and legal rights. This Agreement describes the terms and conditions applicable to the Site and associated services provided by PocketFives, LLC (“P5”). If you (the "User" or "you") are not comfortable with this Agreement, do not use the Site.
We reserve the right to revise this Agreement, or any part thereof. By opening an account and using the Site, you agree to be bound by these conditions. This Agreement constitutes a legally binding agreement between you and P5.
The Site is used solely for entertainment purposes only and is not intended to be utilized as an investment product or model. By clicking the "I Agree" button below as part of the account creation process and using the Site, you consent to the terms and conditions set forth in this Agreement.
1. YOUR ACCOUNT
1.1 Authority. P5 retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of P5, as regards to any aspect of a User's account, use of the Site, or dispute resolution, is final and shall not be open to review or appeal. The User’s account will provide access to the Site, made available to you under the terms of this Agreement, by P5, as applicable to your geographical location. Any and all references in this Agreement to the term ‘User account’ or ‘account’ means your account on the Site.
1.2 Age Verification. P5 carries out age-verification checks on all customers at the time of account establishment. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Site. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Site if satisfactory proof of age is not provided or if we suspect that you are underage.
1.3 Opening an Account. In consideration of our accepting your application to establish an account, you represent, warrant, covenant and agree that, and acknowledge that we may rely on these representations, as follows:
1.3.1 You have read and agree to abide by this Agreement;
1.3.2 You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement;
1.3.3 You agree to provide accurate account opening information, including without limitation your correct date of birth;
1.3.4 You will not allow any other person to access or use your account with P5;
1.3.5 You consent to the jurisdiction of the State of Nevada to resolve any disputes arising out of this Agreement;
1.3.6 You consent to the monitoring and recording by P5 of any staking communications and geographic location information;
1.3.7 You acknowledge that P5 reserves the right to report unusual or suspicious activity to the proper authorities;
1.3.9 You are solely responsible for recording, paying, and accounting for any tax or other levy that may be payable on any winnings to any relevant governmental or taxation authority;
You fully understand the methods, rules, and procedures of staking and, where and when appropriate, will seek advice or help when using our Site;
1.3.10 You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any “chat” or “forum” facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
1.3.11 You will not disguise or interfere in any way with the Internet protocol (“IP address”) of the computer you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using while accessing the Site;
1.3.12 There is a risk of losing money when using the Site and that P5 has no responsibility to you for any such loss;
1.3.13 Your use of the Site is at your sole option, discretion and risk; and
By establishing an account, you hereby consent to P5 using third party services to verify your account information including, but not limited to, your age and identity. Only one account per verified person will be allowed. The account is unique to you and non-transferrable. P5 reserves the right to reject any application for an account for any reason it deems necessary.
It is your responsibility to keep your account information current. Failure to do so may result in your failing to receive important account-related notifications and information from P5, including changes we make to this Agreement.
You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank card. Any failure to do so shall be at your sole risk and expense. If a third party accesses your account, you are solely responsible for that third-party actions, whether or not that third-party’s access was authorized by you.
You will not attempt to sell or otherwise transfer the benefit of your account to any third-party, nor will you acquire or attempt to acquire an account which has been opened in the name of a third-party.
1.6 Deposits. To enter into staking agreements on the Site, you need to deposit money into your wallet. You undertake that.
(a) All money that you deposit originates from a payment source of which you are the legal owner;
(b) All money that you deposit is free from and unconnected to any illegal and, in particular, does not originate from any illegal activity or source; and
(c) All deposits are authorized.
You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which P5 deems suspicious may be reported to the appropriate authorities.
1.7 Giving False Information. You acknowledge that P5 and their respective affiliates will hold information with respect to your identity, including but not limited to your name, date of birth and email address. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy in the information you provide us.
1.8 Prohibited Jurisdictions. P5 prohibits persons located in (including temporary visitors) or residents of certain jurisdictions from engaging in staking on the Site (the “Prohibited Jurisdictions”). For the avoidance of doubt, the foregoing restriction on engaging in play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on staking by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by P5 to identify your location and providing P5 with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate.
2.1 License to use the Site. P5 grants you a limited license to access the Site provided that you comply with this Agreement. The availability of the Site does not constitute an offer or invitation by P5 to use the Site in any Prohibited Jurisdiction. You understand that we will block you from using the Site if you are physically located in a Prohibited Jurisdiction. Your use of the Site confers no rights whatsoever to the content and related intellectual property rights contained on the Site. You agree not to monitor, use, or copy our Site or any of our web content on the Site. You will not attempt to hack, make unauthorized alterations to, or introduce any kind of malicious code to the Site by any means. Please note that the Site is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction or (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. P5 is not able to verify the legality of the Site in each jurisdiction and it is your responsibility to ensure that your use of the Site is lawful.
2.2 Staking. You understand that you may lose money when entering into staking agreements and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you be recoverable from us or our vendors, licensors, or suppliers. When you purchase a percentage of a player, you are entitled to that % of the prize pool the player collects. If player makes a ‘Deal’ while in a tournament, you are relinquishing any authority and agree to accept any ‘deal’ that the player agrees upon.
2.3 Cancellation, Termination, Suspension and Breach. We may restrict your access to the Site, prohibit you from participating, refuse or limit any staking you make, and/or suspend or terminate your account in our absolute discretion without cause at any time including, without limitation, if:
2.3.1 There is a technological failure;
2.3.2 We reasonably believe that you breached any of the terms of this Agreement;
2.3.3 You tamper or attempt to tamper with the Site in any way;
2.3.4 You are committing any offense, e.g., by attempting to access the Site from a Prohibited Jurisdiction;
2.3.5 You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or threatening material or any material that would violate any law or generally be considered to be offensive, via the Site whether using the chat function or in correspondence with P5’s staff;
2.3.6 If formally requested by law enforcement, taxation or other authorities; or
2.3.7 In the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures.
2.4 Changes to the Site. P5 may, in its absolute discretion, alter, amend or withdraw any particular features, specifications, capabilities, functions and/or other characteristics of the Site at any time.
3. GENERAL CONDITIONS
3.1 Intellectual Property. The domain name “PocketFives.com”, and any other trademarks, service marks, signs, trade names and/or domain names used by P5 on the Site from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of P5 and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, all content on the Site, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to P5 and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Site you obtain no rights in the Site content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site content and/or the Trademarks without P5’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by P5 and/or its licensors in the Trademarks or the Site content nor will you do anything that damages the image or reputation of P5, its subsidiaries, employees, directors, officers and consultants. You hereby assign to P5 absolutely any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright, and all other rights whatsoever, in chat postings or any other interaction made by you while using the Site.
3.3 No Warranties.
3.3.1 P5 disclaims any and all warranties, expressed or implied, in connection with the Site which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
3.3.2 Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Site will be uninterrupted, timely or error-free, that defects will be corrected or that the Site shall be free from viruses, bugs or other contaminants.
3.3.3 P5 reserves the right to suspend, discontinue, modify, remove or add to the Site in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we deem it necessary for the management, maintenance or update of the Site and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by P5 in this regard.
3.4 Indemnification. You agree to fully indemnify, defend and hold harmless P5, its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
3.4.1 your breach of this Agreement, in whole or in part;
3.4.2 violation by you of any law or any third-party rights;
3.4.3 federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; and
3.4.4 use by you of the Site or use by any other person accessing the Site using your login credentials, whether or not with your authorization.
3.5 Limitation of Liability. Under no circumstances, including negligence, shall P5 be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Site even if P5 had prior knowledge of the possibility of such damages. Any allowable claim, if any, which you may bring against P5 must be brought no later than sixty (60) days after the date of the event giving rise to the claim. You hereby waive any right to bring any claim not brought within such period. Nothing in this Agreement shall exclude or limit P5’s liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
3.6 Third Party Software. The Site may contain third party software that is proprietary to the licensor or its suppliers and subject to the copyright laws of the United States and other jurisdictions (the “Licensed Software”). User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement. The Licensed Software may not be altered, modified or extracted from the Site. User’s use is limited to “Internal Use” meaning use of the Licensed Software only in the course of the User’s customary and ordinary internal business or personal use and not for further resale, sublicensing or distribution. “Customary and ordinary internal business use” shall mean, for an end user that is an entity, use by such User, or its employees or authorized agents for the User’s customary and ordinary internal business. “Customary and ordinary personal use” shall mean use, by a User that is an individual, use by such User or a member of such User’s household for internal personal purposes. All such employees, agents, and household members shall be notified by the User as to the terms and conditions of this Agreement. All rights not expressly granted in the Licensed Software are reserved.
3.7 Amendment. P5 reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
3.8 Disputes with P5
3.8.1 Governing Law. The Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
3.8.2 Arbitration. You and P5 agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and P5 are each waiving the right to trial by jury. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
3.8.3 Forum. Any legal action against P5 related to the Site must be filed and take place in Clark County, Nevada. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Clark County, Nevada, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and P5 agree to submit to the personal jurisdiction of a state or federal court located in Clark County, Nevada.
3.9 Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
3.10 Assignment. P5 reserves the right to assign this agreement, in whole or in part, at any time without notice. User may not assign any of his/her rights or obligations under this Agreement.
3.11 Waiver. No waiver by P5 of any breach of any provision of this Agreement (including the failure of P5 to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
3.12 Third Party Rights. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with respect to any company within the P5 group of companies and third-party providers.
3.13 Relationship of the Parties. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
3.14 Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us regarding the Site and supersedes any prior agreement, understanding, or arrangement between you and us.
3.15 Communications and Notices. Communications and notices to be given by you to us under this Agreement (other than those exchanges of information occurring in the normal operation of the Site) should be provided to us at firstname.lastname@example.org.
3.16 Information Services. From time to time, P5 may provide you with access to various information and content via our Site, emails, or any other means of communication. Further, P5 may provide you with links to third-party websites which may include information. This information is supplied “as is” and is for information purposes only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, P5, nor any other party makes any representations or warranties of any kind, including but not limited to, the accuracy, quality, or completeness of the information. Neither P5 nor any other party shall be liable for any action taken by you as a result of your reliance on any such information or for any loss or damage suffered by you as a result of your use of such information. Any links to third party websites do not constitute an endorsement by P5 or any other party of any products or services available on such websites. You use such websites at your own risk and neither P5 or any other party takes any responsibility for the content on, or use of, such websites.
3.17 Force Majeure. Neither P5 nor any other party will be liable for any loss or damage that you may suffer in respect of an event of Force Majeure. For the purposes of this Agreement, “Force Majeure” means any event outside our reasonable control affecting our ability to perform any of our obligations under this Agreement.
3.18 Monetary Transactions. The Site is not a peer-to-peer monetary transaction site. All transactions must occur through the Site. Any off-site transactions between users is outside the scope of the Site and any off-site transactions are not endorsed or allowed through the use of the Site. Transactions occurring through the Site are not regulated by any federal or state securities regulation bodies.
3.19 Refund Policy / Cancellations. Refunds for unused funds from staking packages are processed as quickly as possible but can take up to 24-to-72 hours. Company shall not be held responsible for delays in processing due to third parties or unforeseen circumstances. Cancellation or returns are processed on a case-by-case basis and all decisions made by P5 are final.
3.20 Taxes. You agree that you are solely responsible for your taxes resulting from winnings through this site and will comply with the following: 1. If you are a US citizen then you must provide a signed and completed form W-9 upon request. Future payouts may be withheld if this is not completed. 2. If you are a non-US citizen, you will need to complete a form W-8BEN. Future payouts may be withheld if this is not completed. 3. We will issue a 1099 to those players and users who profit $600 or more during the calendar year.
3.21 Contributing Content to PocketFives. All users are encouraged to contribute information and reviews to PocketFives LLC. All contributions will be accepted for publication on the Web site provided they adhere to these rules: You agree to not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site. In posting comments on the contributions of others, you agree not to harass other participants. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person. You may not post information or links that are obscene or pornographic. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. Content contributions solely focused on the promotion of commercial events or businesses are not permitted. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant PocketFives LLC an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.
3.22 Spam. At PocketFives LLC we intend to provide our membership with a poker social network platform that includes as much quality content as possible. To ensure that we can maintain this level of quality, you as a member, and user of the PocketFives LLC Website, AGREE that all content you post shall be exempt of spam. How do we define spam? At PocketFives LLC, we define spam as any, or all content that has no value or benefit to any of the Pocketfives.com members. The sharing of information, photos, videos, or links shall be only material that is acceptable by the members, and users of the PocketFives LLC Website. As a member, and user of thePocketFives LLC Website, you AGREE to maintain and control the content you post, or receive within your personal timeline to ensure that it is of the highest quality content, and does not cause harm to the members of PocketFives LLC Website.