Terms and Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE SITE.

Notification of these terms and conditions constitutes the making of an offer, which you accept by clicking on 'Submit' or 'I Agree'. When acceptance reaches us (as defined below), a legally binding agreement on these terms and conditions is concluded between (a) you, the end user, and (b) Youbet.com, a Delaware company, 5901 De Soto Avenue, Woodland Hills, CA 91367 ('Company', 'we', 'us' or 'our' as appropriate). The Company provides the services on Youbet.com and Youbet.net and any other online platform provided by us ('Platforms') on which you access our services ('Services') using your Account (defined below).

These terms and conditions, together with Standard Promotional Offer Terms and Conditions (below), and any other additional rules and terms that specifically relate to and govern any particular event, game, site or tournament constitute a legally binding agreement ('Agreement').

Your attention is drawn to our Privacy Policy that describes how we deal with and protect your personal information. By accepting this Agreement, you are also acknowledging and accepting that policy.

1. Applicability of Terms and Conditions.

By playing our Games you acknowledge that your failure to comply with this Agreement may result in disqualification, Account closure, forfeiture of funds and/or legal action against you, as appropriate and as further specified in this Agreement. If you have any questions regarding this Agreement, we encourage you to seek independent counsel prior to continuing with the registration process. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of our Services immediately. As a consequence of this, if you accept this Agreement when registering for our Services, you will not later be able to cancel your registration, although you can terminate this Agreement and close your account under section 14 below.

2. Legality of Participation in Games.

You may only participate in the Games (defined below) if you are over 18 years of age (or such other minimum legal age in the jurisdiction where you are connecting) and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that the Company is unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to play the Games. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.

3. Play Money and Real Money Games.

By registering for the Services you will be able to access (through our Site - defined below) games and tournaments, collectively the Youbet.net games ('Games'). No purchase is necessary or required to play the Play Money Games, save in respect to any cost you may incur to access the Services, charged by your Internet service provider or telecommunications provider, and you may play the Play Money Games without betting money. The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion with immediate effect and without notice and the Company will not be liable for any such action.

4. Registration.

To play on the Platforms, you will first need choose a unique Account name and password and enter other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, gender, birth date and telephone number. You agree to provide only true, complete and current information and you further agree to update this information as necessary to keep it true, complete and current.

5. True Identity and One Account.

The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. You are prohibited from holding more than one Account. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, please contact us for a replacement.

6. Rules and Procedures of the Games.

You must play the Games pursuant to the generally accepted game rules set out in the Game Rules section, and the procedures specifically set out in the Youbet.net Learn to Play section and any other page that specifically relates to and governs any particular event, game or tournament.

7. Anti-Cheating Site.

We are committed to detecting and preventing site programs that are designed to enable artificial intelligence ('AI Site') to play on our Platforms such as, but not limited to opponent-profiling, player collusion, cheating site or anything else that we deem enables you to have an unfair advantage over other players. You acknowledge that the Company will take measures to detect and prevent the use of such programs and AI Site using methods (including but not limited to reading the list of currently running programs on a player's computer) and you agree not to use any AI Site and/or any such programs.

8. Copyrights and Trademarks.

The terms Youbet.net, Youbet.com, and any other marks used by Youbet.net are the trademarks, service marks and/or trade names of the Company. Further, all other material used by Youbet.net, including but not limited to the Site, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) belong to the Company and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Company's written permission.

9. Points Account Funding.

Points have no value and are kept separate from any 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency

11. Disclosure of Account name and password.

You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account name and password to another person, and such disclosure results in a third party participating in the Games using your Account name and password, such participation may be held valid, and you will not be refunded any resulting losses at the Platform, regardless of whether or not the third party had your consent or not.

12. Fraudulent Activities and Prohibited Transactions.

The Company has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Company or any other user of any of the Games in any way including but not limited to game manipulation or payment fraud, or if the Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to suspend and/or close your Account and to share this information (together with your identity) with other online gaming sites, banks, credit card companies, and appropriate agencies.

13. 1 THE COMPANY RESERVES THE RIGHT IN RELATION TO ANY ACCOUNTS YOU MAY HAVE WITH OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE COMPANY TO WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER ANY PAY-OUTS, BONUSES or WINNINGS IF:

(i) You are in breach of any term of this Agreement;

(ii) The Company should become aware that you have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;

(iii) Not provided responses satisfactory to the Company in its sole discretion within any reasonable timeframe specified in a security review request or (where none has been specified 30 days from the sending or making of the request

14. Termination.

You are entitled to close your Account and terminate this agreement at any time by sending an email or telephoning us using the details on the Contact Us page and we will respond within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected by us. The company is entitled to terminate this agreement immediately on notice (or attempted notice) to you at the email address you have provided the Company.

15. INDEMNITY.

YOU AGREE TO HOLD THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES, LICENSORS, AFFILIATES, AND SUBSIDIARIES HARMLESS AND FURTHER AGREE TO FULLY INDEMNIFY THEM FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES WHATSOEVER THAT MAY ARISE AS A RESULT OF YOUR BREACH OF THIS AGREEMENT.

16. LIMITATIONS AND EXCLUSIONS.

 YOUR ACCESS TO YOUBET.NET SITES AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY.

ii. THE SERVICES, ONLINE SITES, and GAMES ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE SERVICES, THE GAMES OR THE SITE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE.

iii. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF THE SERVICES BY YOU LIES WITH YOU.

iv. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID FEES IN RELATION TO YOUR ACCOUNT IN THE PREVOUS 12 MONTHS.

v. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS AND EXPENSES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

vi. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE WEBSITES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SITE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.

vii. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY LIABILITY OR EXCLUDE ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

viii. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE COMPANY MAY HAVE IN RESPECT OF FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE.

17. Settlement of Disputes.

You fully accept and agree that If there is a discrepancy between the result showing on the SITE and our server, the result showing on our server shall govern the result of the Game. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting therefrom and the circumstances in which they occurred.

18. Notices.

If you have any dispute with regard to any outcome in the Games or any other activity, you must submit your complaint to the Company in writing within fourteen (14) days of the incident by email to Player Services at playerservices@youbet.net. You may also submit notices to us in writing at: Youbet.com 5901 De Soto Avenue, Woodland Hills, CA 91367. Any notice we give to you (save as otherwise set out herein) will be sent to the email address that you provided when you registered your Account. It is your responsibility to give us notice of any changes to this address through the 'Change Email' facility in our Site and regularly check your email account for emails from the Company.

19. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of Delaware without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Delaware for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability. If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.

20. Assignment.

We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under this Agreement.

21. Third Party Rights.

Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available other than under local law or statute.

22. Entire Agreement, Modification and Amendments.

You fully understand and agree to be bound by this Agreement and as modified and/or amended by the Company from time to time. The Company may amend this Agreement at any time by publishing the modified Agreement on the relevant page of the Platforms or any place through which you access the Services. Any such modification will take effect immediately upon notification and in any event within 30 days of publication. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Site following notification or as the case may be such 30-day period will be deemed binding acceptance of the modification. It is your sole responsibility to review this Agreement and amendments hereto each time you play. This Agreement and the documents referred to herein represent the complete and final agreement between you and the Company in relation to this agreement and supersedes any and all prior agreements between you and the Company.

Standard Promotional Terms and Conditions

We encourage you to participate and enjoy our promotions, however, we also need to restrict players from abusing them. Therefore, the following terms and conditions apply to all promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following terms and conditions:

1. As stated in the Youbet.net Terms and Conditions, you may have only one (1) account at Youbet.net. The name on your Youbet.net account must match your true and legal name and identity. If you have more than one (1) account or accounts in different names, then you must contact us immediately to have your accounts merged. If you have lost your Account Name or password, please contact us for a replacement. If we discover that you have more than one (1) account, we may close your accounts and confiscate your account balances as set out in the Youbet.net Terms & Conditions of Use.

2. Youbet.net reserves the right to send particular promotions to particular players. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. Unless you have elected not to receive promotional information, we may also use any personal information you provide to us (including your email address), provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. We may request further information you if you wish to participate in our special promotions. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

3. Youbet.net reserves the right to limit the number of times that a player may participate in a promotion. Except as otherwise expressly stated in the offer itself, the promotion is limited to one per person, family, household address, email address, credit card number and other common environments (fraternity, university, libraries, etc.). Where multiple participation is permitted, we reserve the right to limit the number of participations, in our sole discretion. Identity of participants will be determined on the basis of all or any combination of the following: name, address, email address, credit/charge/debit number, IP Address and other forms of identification which may be required.

4. The promotional bonus may not be used in combination with any other promotion scheme, except as expressly offered by Youbet.net.

5. Certain release requirements or cash out must be satisfied before the bonus amount can be played with or cashed out. These restrictions or requirements are contained in the offer itself and/or on a supplementary disclaimer page.

6. Unless otherwise specified in the offer itself and/ or supplementary disclaimer page, the standard release requirement is that the bonus amount will be placed into an intermediate account ("Bonus Account") where it will be held until you play raked hands equal to seven (7) times the bonus amount within seven (7) days of making your deposit. Once satisfied, the amount will be released to your account to be played with and/or cashed out.

7. All cash outs are subject to audit before processing as further detailed in the Terms and Conditions. Youbet.net reserves the right to reclaim bonuses or any winnings for failed audits.

9. Youbet.net reserves the right to modify, alter, discontinue or terminate a promotion at any time for any reason whatsoever, with or without notice. Further, these Standard Promotional Offer Terms & Conditions may be modified or amended at any time by Youbet.net by the posting of new terms herein. It is your sole responsibility to check these Standard Promotional Offer Terms & Conditions and any applicable specific promotional offer terms before accepting any promotional offer.

10. Youbet.net is proud to offer you great giveaways, comps, special offers, mystery bonuses and much more.

If you have any questions or concerns, please do not hesitate to contact Player Services at playerservices@youbet.net.

Privacy

At Youbet.net, part of the Youbet.net Group (the 'Group'), we respect your privacy and are committed to protecting your personal information. We have created this Privacy Policy to let you know what information we collect when you use our services at our online sites (collectively, the 'Service'), why we collect this information and how we use the collected information.

We may periodically make changes to this Privacy Policy and will notify you of these changes by posting the modified terms on our online site. We recommend that you revisit this Privacy Policy regularly.

Information Collected

We consider information that may be used to identify an individual, including, but not limited to, first and last name, date of birth, credit card information, home or other physical address, email address, phone number or other contact information to be Personal Information. You may be asked to provide Personal Information when you use our website, register for an account or to use the Service. The Personal Information that we collect may include information such as: contact information (including telephone number), shipping information, billing information, transaction history, website usage preferences, and feedback regarding the Service. This information is held by us on servers based in California and elsewhere from time to time. In addition, when you interact with the Service, our servers keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, language use, site crash reports and type of browser used. This information is essential for the provision of and the quality of the Service. We do not collect Personal Information about you on the Service without your knowledge.

Means of Collecting and Processing Data

We may automatically collect certain data as discussed above and receive Personal Information about you where you provide such information through the Service or other communications and interactions with Youbet.net. We may also receive Personal Information from online vendors and service providers that refer you to the Youbet.net site, and from customer lists lawfully acquired from third-party vendors. In addition, we may engage the services of third-party service providers to provide technical support, process your online transactions and maintain your online account. We will have access to any information you provide to such vendors, service providers and third-party e-commerce services, and we will use the Personal Information as set out in section 3 below. This information may be disclosed only to our staff and to third parties involved in the completion of your transactions or in support of your use of the Service as set out in section 3 below. We take steps to ensure that our arrangements with third-party service providers and online vendors protect your privacy.

Information Use

We use the Personal Information we collect from you to deliver our Service, to provide customer support, to undertake necessary security and identify verification checks, to process any of your online transactions, meet certain business requirements and for any other purpose related to the operation of the Service. Your Personal Information may also be shared with our affiliates, subsidiaries, agents and suppliers in order to provide the Service and provide you with promotional offers and information regarding Group products and services and in order for the Group to better provide a range of products and services and improved customer service. From time-to-time, we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary, and, therefore, you have the choice of whether or not to disclose such information. Information requested may include contact information (such as name, correspondence address and telephone number), and demographic information (such as zip or postal code or age). If you choose to participate in a survey or contest and win, by accepting any contest prize or winnings from us, you consent to use of your name and likeness for advertising and promotional purposes without additional compensation, except where prohibited by law. Unless you have elected not to receive promotional information, we may also use your Personal Information (including your email address and phone number) to provide you with information regarding any similar products, services and promotions, including other online gaming products of ours (including online horse racing and other gaming services) and selected third parties. We will not sell, lease or share your Personal Information except as set forth in this Privacy Policy.

Certain Excluded Disclosures

We may disclose your Personal Information if required to do so by law, or if we believe in good faith that such action is necessary to: (1) comply with any legal process served on us, any Youbet.net sites or the Service; (2) protect and defend our rights or property; or (3) act to protect the personal safety of users of the Service or the public. If, in our sole determination, you are found to have cheated or attempted to defraud Youbet.net or any other user of the Service in any way including but not limited to game manipulation or payment fraud, or if we suspect you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), we reserve the right to share this information (together with your identity) with other online gaming sites, banks, credit card companies, and appropriate agencies.

Access

You may 'opt out' of receiving any promotional communications either by choosing to opt out where such option is made available on the Youbet.net sites or the Service or in an email you receive from us, or at any time by sending an email to Player Services at playerservices@youbet.net, or by writing to us at Customer Service, 5901 De Soto Avenue, Woodland Hills, CA, USA, 91367. In addition, you may contact us at this addresses if you: 1) want to confirm the accuracy of the Personal Information we have collected about you; 2) would like to update your Personal Information or delete your Personal Information; and/or 3) have any complaint regarding our use of your Personal Information. If requested, we will change any information you have provided to us or mark any information to prohibit future use, provided that you provide evidence as we may reasonably require for such changes.

Cookies are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We use cookies to track use of Youbet.net sites. We also may use cookies to monitor traffic to the site, improve the Service and make it easier and/or more relevant for your use.

When do we use cookies?

During the registration process

These cookies will hold information collected during your registration and will allow us to recognize you as a customer and provide you with the services you require. We may also use this data to better understand your interests while online and to enhance your visits to our online sites.

On our website

For visitors to our website, we use cookies to collect information. Our servers use two different types of cookies:

·                           A 'session-based' cookie: This type of cookie is only allocated to your computer for the duration of your visit to our website. A session-based cookie helps you move around our website faster and, if you're a registered customer, it allows us to give you information that is more relevant to you. This cookie automatically expires when you close your browser.

·                           A 'persistent' cookie: This type of cookie will remain on your computer for a period of time set for each cookie.

Cookies allow us to:

·                           Better understand your preferences and offer you more relevant promotional offers

·                           Identify your preferences when customizing content or functionality for you

·                           Confirm you are a registered user and save your login details when accessing certain services on our website

·                           Collect statistics on the use of our services

·                           We may also use cookies and web beacons to ensure that our mailing tools are working properly

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to experience all of the interactive features on the Youbet.net sites.

Protection of Children

The Service is not intended for or directed at persons under the age of 18 (or the lawful age in their respective jurisdiction). Any person who provides their information to us through any part of the Service represents to us that they are 18 years of age (or the lawful age in their respective jurisdiction) or older. It is our policy to endorse the Children's Online Privacy Protection Act of 1998 and to use our best efforts to comply with that Act. This may involve us having to access and verify your Personal Information. If we become aware that a minor has attempted to or has submitted personal information via the online site, we will not accept this information and will take steps to remove such information from our records.

International Transfers

Personal Information collected on the Service may be stored and processed in any country in which we or our affiliates, suppliers, subsidiaries or agents maintain facilities. By using the Service, you consent to any transfer of information outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our subsidiaries, agents, affiliates and suppliers comply with our standards of privacy regardless of their location.

Third-Party Practices

We cannot ensure the protection of any information or images that you provide to a third-party online site that links to or from the Youbet.net sites or any information collected by any third party administering our affiliate program or any other program, since these third-party online sites are owned and operated independently of us. Any information collected by these third parties is not governed by this Privacy Policy but by the privacy policy, if any, of such third party. If you have questions about a third party's information practices, please read its privacy policy. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such online sites.