Terms and Conditions
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with us or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
3.1 Under a strict confidentiality agreement. We guarantee your data will be kept private and anonymous to the best of our ability.
3.2 Personal details will not be shared with any persons or organizations unless:
(a) a serious crime has been committed;
(b) we detect fraud on your Account; or
(c) any circumstance of incorrect use of our service.
3.3 You are also obliged to protect your Personal Information.
3.4 Your Login Credentials are confidential and you must use your best efforts to keep them confidential.
3.5 You must not share your Login Credential with anyone.
4. Exempt Disclosure
4.1 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:
(a) comply with any legal process served on us;
(b) protect and defend our rights or property; or
(c) act to protect the personal safety of users of our Services or the public.
4.2 We may disclose Your Personal Information if, using our sole determination, you are found to have cheated or attempted to defraud us or any other user of our Services in any way including but not limited to:
(a) game manipulation;
(b) collusion (including in relation to charge-backs);
(c) payment fraud;
(d) use of stolen wallet address;
(e) any other fraudulent activity (including any charge back or other reversal of a payment);
(f) prohibited transaction (including without limitation, any manipulation of the multi-currency facilities);
(g) we become aware that you have played at any other online gaming website or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
(h) you have ‘charged back’ or denied any of the purchases or deposits that you made to your Account;
(i) have used someone else’s funds without their permission; or
(j) you become bankrupt or analogous proceedings anywhere in the world.
5. Fraudulent Activities, Prohibited Transactions and Failed Deposits
5.1 We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in our sole determination, you are found to have cheated or attempted to defraud us and/or the Group or any other user of any of the Facilities in any way, including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if we suspect you of fraudulent payment, including use of stolen cryptocurrency, or any other fraudulent activity (including but not limited to any charge back or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if your deposits failed to be honored by your wallet provider/exchange for any reason, we reserve the right to suspend and/or close your Account and recover bad debts using whichever method may lawfully be available to us including.
5.2 We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Player Rewards Rank Points by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage us and/or the Group and/or the Facilities and/or the Platforms in any way.
5.3 In the interests of data protection, security and avoidance of fraud we do not permit use of any communication channels included within the Facilities and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and facilities (whether yours or a third party’s). You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or facilities.
6.1 We have made a substantial investment in our server, database, backup, firewall and encryption technologies in order to protect the Personal Information that we collect. These technologies are deployed as part of state of the art security architecture.
6.2 We understand the importance of information security and the techniques needed to secure information. We store all Personal Information in a password-protected database residing within our secure network behind active state-of-the-art firewall software. Our Services support SSL Version 3 with 128-bit encryption.
7. Consent to use of Anti-Cheating Software
7.1 Our Platform – used to access and use the Services – contains certain features designed to detect use of automated programs that enable artificial (non-human) intelligence to play on our website. Use of such ‘bot’ software programs violates our Terms and Conditions of Use as we deem it detrimental to other players.
7.2 By installing our software and using the Services, you consent to our software performing the functions described in this section. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that We maintain a ‘cheat free’ environment for all users:
(a) scan your list of active software applications while you are using the Services;
(b) scan Your list of active processes while You are using the Services; or
(c) scan the files in your Services and website-related program folders to ensure that only ‘non-hacked’ versions of our software are being used.
7.3 If any of the foregoing processes reveals a suspect application or process, Our software may scan the files associated with the suspect application or process and compile a mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs.
7.4 Our software will not perform any random search of large portions of your hard drive, equipment or files, and it will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated programs as described above.
7.5 Our software will not alter any files or information on your computer or other equipment and will not interfere with the operation of any of your applications.
7.6 You may terminate use of our software at any time by uninstalling the Software Package.
8. Copyright Notice
8.1 Copyright (c) 2019 xGalaxy Poker.
8.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
9. License to use Website
9.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website; and
(d) use our services by means of a web browser,
subject to the other provisions of these terms and conditions.
9.2 Except as expressly permitted, you must not download any material from our website or save any such material to your computer.
9.3 You may only use our website for personal purposes, and you must not use our website for any other purposes.
9.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
9.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website;
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
9.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
10. Acceptable Use
10.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
10.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
10.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
11. Registration and Accounts
11.1 You may register for an account with our website by completing and submitting the account registration form.
11.2 You must not allow any other person to use your account to access the website.
11.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
11.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
12. User Login Details
12.1 If you register for an account with our website, you will be asked to choose a User ID and Password.
12.2 You must keep your Password confidential.
12.3 You must notify us in writing immediately if you become aware of any disclosure of your Password.
12.4 You are responsible for any activity on our website arising out of any failure to keep your Password confidential, and may be held liable for any losses arising out of such a failure.
13. One Account Policy
13.1 You may not hold more than one Account in connection with your use of the Platforms.
13.2 If you have more than one Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one Account.
13.3 We reserve the right to close Your Account(s) if you open multiple Accounts.
13.4 Should we have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud us, we reserve the right to cancel any transaction related to said fraud attempt.
13.5 If you have lost your Account name or password, please contact us for a replacement.
14. Cancellation and Suspension of Account
14.1 We may:
(a) suspend your account; and/or
(b) cancel your account;
at any time in our sole discretion without notice or explanation.
14.2 You may cancel your account on our website. Please contact us directly via firstname.lastname@example.org if you wish to do so.
15. General Promotions
15.1 We may roll out special promotions for both new and existing players. These promotions are bound to change from time to time. We reserve the right to amend and add terms for each promotion as they are launched. You will be provided with specific terms before you accept or reject the promotion offer.
16. Bonus, Promotions & Free to play games
16.1 We may from time to time offer Players a Complimentary or Bonus amount to be credited into Player Account. Such Bonuses may only be used in relation to such Facilities as may be specified when the Bonus is offered. Acceptance of any Bonus shall be in accordance with additional terms and conditions as stated below. Offers may be used only ONCE unless otherwise specified. Players are not entitled to withdraw any Bonus amounts and may not remove any cash obtained via a Bonus from Player Account without first complying with the applicable terms including, without limitation, in respect of any Promotion Qualifiers or Promotion Restrictions. All bonuses and promotions are time sensitive.
16.2 Free to Play games (games which do not require a Currency buy-in such as Freerolls) – Players may only withdraw winnings from such games if they have paid 1x in rake after the new winnings have been credited to Player account. Example: If a Player wins 100 xGalaxy Coins from a Freeroll, they must have paid at least 100 xGalaxy Coins of Rake (through Cash Games only) in order to withdraw the 100 xGalaxy Coins they won from Freerolls.
16.2.2 Players who win from Freerolls then use those funds as buy-ins for Tournaments OR Sit n go’s are still subject to the same rake paid requirements as described in point 16.2 above. Any Tournament or Sit n Go winnings must also be matched by rake paid. Players must play cash games to build up the rake.
16.3 One Hundred Percent (100%) First Deposit Bonus Promotion terms.
16.3.0 After players have made their first deposit, they have 7 (Seven) days to email support or contact us directly on discord and claim the bonus.
16.3.1 Player minimum deposit must be equivalent to 1,000 xGalaxy Coins or above.
16.3.2 Bonuses apply up to a maximum of 10,000 xGalaxy Coins.
16.3.3 Players will not be able to withdraw the Bonus until they have met at least one times (1x) of Rake paid based on their Bonus. Example: If awarded a bonus of 1,000 xGalaxy Coins. Players must have paid a total of 1,000 xGalaxy Coins of Rake in order to withdraw the Bonus in this scenario.
16.3.4 Once Players have accepted the Bonus, their Deposited Currency Balance is spent first before their Bonus amount is spent. This means that once a Player loses any funds and requests a Withdrawal, the Player may only withdraw their remaining Currency Balance and not their Total Balance. (Providing that the Minimum Rake Requirement to withdraw the bonus has not been met).
16.3.5 If a Player requests a withdrawal but has not met the Minimum Rake Requirement to withdraw their bonus, they will forfeit the Bonus entirely. The Bonus will be deleted from Player account with immediate effect.
16.3.6 If a player loses all or almost all their real money balance and bonus then decides to make another deposit – the player is able to withdraw their real money balance however bonus clearance will be removed from the players monthly Rakeback.
16.3.7 In order to be credited the Bonus, a Player must email our Support at email@example.com after their First Deposit or Contact us directly on discord. The Bonus will be credited to Player account after Support Staff have acknowledged the Bonus request.
16.4 RakeRace late joiners limitation – If a new player joins or an inactive player makes a deposit to play in a RakeRace, that player will be excluded from the current RakeRace if the RakeRace is due to end within 7 days or less. This is to prevent fraud and collusion.
17.1 Any deposit made into your account are usually instant. Please do allow potentially additional time for the cryptocurrency exchanges in case they take longer to process and send funds accordingly. Our Platform will activate the playing funds into your Account as soon as possible and ready to be used. There are no fees to make a deposit however there may be wallet, exchanges or third party fees along the way to make a deposit which is outside our control.
17.2 Deposits made into your account will be secured by our secure servers and hardware wallets to ensure your funds are safe. It is very difficult to hack an offline hardware wallet and therefore we will try our best to ensure security is met.
18.1 Your account balance is the amount of cryptocurrency paid into Your Account (by You or Us), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or canceled by Your exchange, wallet provider or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise) or any sums which are otherwise deductible or forfeited under these Agreements.
18.2 Acceptance of a withdrawal request is subject to you having made and sufficiently wagered a real-money deposit or non-restricted bonus in Your Account, accrued winnings, any deposit method restrictions, bonus restrictions and/or security reviews and any other terms of these Agreements. For further details of current deposit and withdrawal options and fees please see Cashier.
18.3 We may withhold any amount from your winnings in order to comply with any applicable law or investigate potential foul play or fraud. All taxes due in connection with any winnings awarded to you are your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which you withdraw shall be made by wallet to wallet transfer in the same method as you deposited. Example being if you deposited in xGalaxy, you can only withdraw in xGalaxy. If you deposit any currency that is accepted on our payment gateway, it will be converted to xGalaxy based on the exchange rate. Upon withdrawal, you will receive xGalaxy only.
18.4 Payments will be made as soon as reasonably possible and are normally processed within 24 hours, although there may be delays due to any Security Review by Us or external factors of delays such as longer processing time due to the Crypto exchanges.
18.5 The minimum withdrawal amount is $10 of equivalence amount.
18.6 All money made from Freerolls must be paid back in rake in order to withdraw the Freeroll winnings.
19. Limited Warranties
19.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
19.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
19.2 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
20. Limitations and Exclusions of Liability
20.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
20.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions: (a) are subject to Section 25.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
20.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
20.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
20.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
20.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
20.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
20.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
21. Breach of Terms and Conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
22.1 We may revise these terms and conditions from time to time.
22.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
22.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
23. Cookies Policy
23.2 During the registration process. 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 Platform.
(b) A ‘persistent’ cookie: This type of cookie will remain on your computer for a defined period of time set for each cookie. Flash cookies are also persistent;
(c) ‘Analytical’ cookies allow us to recognize and count the number of visitors and to see how visitors move around the website when they are using it. This helps us to improve the way our website operates.
23.4 Cookies allow us to:
(a) Better understand your preferences and offer you more relevant promotional offers.
(b) Distinguish you from other users of our websites, which help us to provide you with a good experience when you browse our websites and also allows us to improve our websites.
(c) Identify your preferences when customizing content or functionality for you.
(d) Confirm you are a registered user and save your log-in details when accessing certain Services on our website.
(e) Show you advertisements which are relevant to your interests based on your use of our websites.
(f) Collect statistics on the use of our Services.
24.1 You may install and use the software We make available from the Platforms used to provide the Gaming Facilities (the ‘Software’) on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Gaming Facilities in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software’s structure, organization and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
25. Gaming Facilities
25.1 The following terms apply only to your use of the Gaming Facilities. Please note that in the event of any conflict between this Section 20 and the rest Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.
25.2 Anti-Cheating Policy. We are committed to preventing the use of unfair practices in the Gaming Facilities, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behavior that provide players with an unfair advantage (Unfair Advantage Policy) over other players on the website. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems (‘AI Software’). You acknowledge that we will take measures to detect and prevent the use of such programs and AI Software 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 Software and/or any such programs. In the event that we suspect that a player has been involved in any practices outlined in this Clause above or any other practices which we deem to be unfair or fraudulent, we reserve a right, in our sole discretion, to block their account and permanently withhold available funds from within such accounts. No player shall have the right to require us to take any other steps against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behavior. If a player has been cheated on by another player when using the Facilities, We shall only refund the amounts lost by the player as a result of being cheated in the event that we can locate the cheating account and access the funds in question. In the event that more than one player is affected by the cheating account and we can allocate that cheating account, then the remaining funds in the cheating account will be distributed on a pro-rata basis in accordance with the loss of each affected player.
25.3 Collusion and Cheating. Collusion occurs when two or more players attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who in our reasonable opinion colludes or attempts to collude with any other player while using the Facilities may be permanently banned from using the Facilities or the software, their account may be terminated immediately and we shall be entitled to retain all monies in such player’s account. If you suspect that any player is colluding with another or cheating, you can contact us via email at firstname.lastname@example.org 25.4 Automatic Players (Bots). The use of artificial intelligence which plays without human intervention or reduces the requirement of a human playing including, without limitation, “robots”, is strictly forbidden in connection with Our Facilities. All actions taken in relation to the Facilities by a player must be executed personally by players through the user interface accessible by use of the Facilities. If you suspect that any player is using any kind of artificial intelligence, you can contact us via email at email@example.com
25.5 Chip-Dumping. Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip-dumping with any other player, while using the Facilities may be permanently banned from using the Facilities and their account may be terminated immediately. If you suspect that any player is participating in chip dumping, you can contact us via email at firstname.lastname@example.org
26.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
26.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
27.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
27.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third Party Rights
28.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
28.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
29.1 The Services operate ‘AS-IS’ and ‘AS-AVAILABLE,’ without liability of any kind. We are not responsible for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that there will be error-free performance regarding the privacy of Your Personal Information, and we will not be liable for any indirect, incidental, consequential or punitive damages relating to the use or release of Personal Information.
29.2 Although our systems have been built using the latest technology and have been tested for a long time across all devices, there may be eventual bugs or inconsistencies. We warrant that we are not liable for any bugs, inconsistencies, wrong figures and make no guarantees of any kind that you will be credited the exact amounts that may be owed to your Rank Category of any given month. You agree to take the program ‘as in’ and accept any faults that may happen along the way. Please contact us if you have any questions or concerns about any part of our terms and conditions. If you have a question about your current rank or have any concerns that you may have found something incorrect please contact us immediately. We will try to help the situation as best as practicable at the time. We make no guarantees of any kind expressed or implied that the matter or concern will be resolved. You agree that we will not be held accountable or liable for any damages of any kind. Once a decision has been made regarding your dispute, the decision will be final. You are not able to dispute the same issue more than 1 (one) time. All decisions are final.
30.1 If you are desirous of terminating Your Account, You will need to contact us directly and let our Group know of your request.
30.2 We are entitled to terminate these Agreements on seven (3) days’ notice (or attempted notice) to you at the email address you have provided to us. In the event of termination by Us, We shall give notice of the termination to you via email and you will need to request a withdrawal as soon as possible before the account has been closed. After Your Account has been closed by either You or Us, any payouts, bonuses, winnings and entire Account Balance in Your Account are non-refundable and deemed forfeited. If You or Us wants to terminate Your Account, after the notice via Your email has been sent, you agree to take full responsibility to withdraw your remaining Account Balance within 3 (Three) days before account closure.
31. Limitations and Exclusions
31.1 Your access to the platforms, download of any software relating to the facilities from the platforms and use of the facilities or any information we may provide in connection with your use of the facilities is at your sole option, discretion and risk.
31.2 To the extent permitted by law, we shall not be liable for: (i) any malfunctions of the computer programs relating to the facilities we make available from the platforms, (ii) errors, (iii) bugs or viruses resulting in lost data, or (iv) any other damage to your computer equipment, mobile phone or mobile device, or software.
31.3 Furthermore, we shall not be liable for any attempts by you to use the facilities by methods, means or ways not intended by us. We are not required to provide redundant or backup networks and/or systems.
31.4 We will provide the facilities with reasonable skill and care and substantially as described in the agreements. We do not make any other promises or warranties about the facilities.
31.5 Our maximum liability to you or any third party arising out of these agreements or your use of the facilities or the computer programs relating to the facilities we make available from the platforms, whether for breach of contract, tort (including negligence) or otherwise, will be limited in any twelve (12) month period to the amount, if any, you have paid from your account in bets, rakes and/or fees, as applicable, in the same twelve (12) month period and in relation to the facility relevant to which the liability in question has arisen.
31.6 The group (including its officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any indirect losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not currently foreseeable by the group arising out of these agreements or your use of the facilities.
31.7 Nothing in these agreements will operate so as to exclude any liability we may have in respect of either fraud, or death, or personal injury caused by our negligence.
31.8 If any part of the agreements are deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of the agreements and shall not affect the validity and enforceability of the remaining provisions.
32. Settlement of In-Game Disputes
32.1 You fully accept and agree that random number generator (‘RNG’) software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Facilities. If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Facilities, the activity resulting therefrom and the circumstances in which such activity occurred.
33. Affiliate terms
33.1 Upon applications being approved, Partners will receive a set amount of rake revenue share. This is calculated as a percentage for every Player referred onto the Site and Game.
33.2 We reserve the right to amend your Revenue Share Percentage at any time without prior notice.
33.3 We reserve the right to revoke Partner status at any time for any reason we deem acceptable. In this case the Partner shall be contacted and receive a detailed explanation as to the reasons why his or her status has been revoked.
33.4 All Players referred onto the Site and Game will be held under the referring Partner account for 4 (Four) months from and including the day the Player joined. After this period, a Partner will no longer receive revenue share for that Player.
33.5 Partners will receive monthly reports of progress and amount paid on the 2nd of every month once Rakeback has been calculated.
33.6 If a referred Player receives Rakeback as part of our Player Rewards Programme; a set percentage of their referring Partner commission will be deducted. Except for specific circumstances, this will match the Partner Revenue Share Percentage. Example: If a Partner is on a 25% Revenue Share plan and their Player receives 1,000 XGCS Rakeback at the end of the month, 250 will be deducted from Partner commission.
34.1 Upon applications being approved, Ambassadors will receive 25% rake revenue share of all players referred to xGalaxy Poker. This can be increased based on performance. New terms will be agreed to the Ambassador if eligible.
34.2 We reserve the right to amend your Revenue Share Percentage at any time without prior notice.
34.3 We reserve the right to revoke Ambassador status at any time for any reason we deem acceptable. In this case the Ambassador shall be contacted and receive a detailed explanation as to the reasons why his or her status has been revoked.
34.4 The Ambassador agrees to the following weekly and monthly requirements;
A. The Ambassador must refer a minimum of 5 depositing players per month (players which have made a deposit of above 300 XGCS).
B. Each ambassador must be an active player on the platform. The Ambassador must play least 5 tournaments and/or 100 cash game hands per week.
C. Ambassadors must execute a minimum of at least 1 type of marketing activity every 3 days. This includes anything from social media posting to blogs or forums.
34.5 Ambassadors will receive the following rewards and benefits;
A. Rake revenue share from all referred players paid monthly.
B. Bonuses based on good performance as and when available.
C. The ability to create your own private password protected games. The Ambassador simply needs to email our staff and we will set up the desired game.
D. 3X (Three) tournament tickets for free every week. Tournament tickets begin to get issued weekly after the Ambassador has referred their first depositing player.
E. The ability to set up tournaments and payout structures of that tournament including the rules. The Ambassador simply needs to email our staff and we will set up the desired game.
34.6 If a referred Player receives Rakeback as part of our Player Rewards Programme; a set percentage of their referring Ambassador commission will be deducted. Except for specific circumstances, this will match the Ambassador’s Revenue Share Percentage. Example: If a Ambassador is on a 25% Revenue Share plan and their Player receives 1000 XGCS Rakeback at the end of the month, 250 XGCS will be deducted from Ambassador’s commission.
35. Rake and Tournament/Sit’n’Go Fees
35.1 Ring game rake is calculated as a true percentage using the round half to even method of rounding.
35.2 The XGCS ring games rake structure is fixed at 3%:
35.3 The Tournaments/Sit’n’Go Fees structure is fixed at 10% of the entry Fee.
36. Entire Agreement
36.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our platforms and shall supersede all previous agreements between you and us in relation to your use of our website.
37. Our Details
37.1 This website is owned and operated by xGalaxy Poker
37.2 You can contact us by email, at email@example.com
38. Applicability of Agreements
38.1 By acknowledging that You have read these Agreements when You register to join and/or by clicking on the ‘Submit’ or ‘I Agree’ button when You install any of the software relating to the Facilities provided via the Platforms or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account and forfeiture of funds, as appropriate and as further specified in these Agreements. You acknowledge that if you accept these Agreements, We will start providing you with the benefit of the Facilities immediately. As a consequence of this, if you accept these Agreements when registering for Our Facilities, You will not later be able to cancel your registration, although you can terminate Your Account.