RakeBrain Terms Of Use

TERMS OF USE

  1. General

    Please read the Terms of Use set forth herein carefully. The services provided by [www.rakebrain.com] (the “Site” or “we”) to you are subject to the Terms of Use. The use of the Site by you implies your agreement to be bound by the Terms of Use. If you do not agree with the Terms of Use and do not wish to be bound by them, you should leave the Site immediately.

  2. Our Services and the Use of the Site by you

    The Site does not provide online poker gambling and is not a poker room operator. We only advertise poker rooms and provide rakeback offers for each poker room listed on our Site. The rakeback offers are determined by the poker rooms with whom we work. Poker rooms usually change their rakeback rates, promotions, rules and regulations regularly, with or without a prior notice. We therefore recommend that you carefully check the rules and the terms and conditions on the poker room’s web site before you start playing on that site.

    We cannot be held liable and are not responsible for any losses incurred by you as a result of playing at the poker rooms whom we work with, for any announced or unannounced reduction of the rakeback rate or for any winnings, rakeback monies, pay outs, bonuses, etcetera, owed to you by a poker room but not paid to you by such poker room.

    We recommend that you check with the current laws whether the use of our services and/or playing at the poker rooms listed on our Site is legal according to the laws that apply in your jurisdiction.  You must be of legal age to play online poker and pay applicable taxes in your country. It is your own responsibility to know and observe the laws applicable to you when you are playing at a poker room. Any use of the services on our Site or of the services provided by the poker rooms displayed on our Site is at your sole discretion, option and risk.

  3. Rakeback, Calculation and Payment

    The rate of the rakeback we offer you are based on the commission deals we get from the poker rooms we work with. In case a poker room reduces the rakeback commission, which is not in our control, we will reduce the rate of the rakeback by the same proportion. It is your own responsibility to check the rakeback offers and the bonus offers of the various poker rooms to see if they have changed.

    The rules of the poker rooms determine the calculation of all rakeback and bonus payments. We base the amount of the rakeback to be paid to you on the statistics provided by the poker rooms. It is your own responsibility to check with the poker room you play in how the rake and rakeback is calculated.

    We cannot be held liable or responsible for any claim that you allegedly have not been paid the correct amount of rakeback. Furthermore we cannot be held liable or responsible for any errors made by the poker rooms regarding your account registration, the rakeback calculation or the amount of deposits made by you. Payments of the rakeback can be made to you either directly by the poker room or by us according to the rakeback payout schedule for each poker room. Payments made by us are made within 7 working days once we have received the rakeback commission from the poker room. In no event can we be held liable or responsible for late rakeback payments.  The rakeback payout schedule information is found on each individual poker room page on the Site.

    In the event a poker room terminates the affiliate agreement with our Site we are not to be held responsible for the consequences.

    As a member of the Site you accept that your rake and other poker room data such as poker room username, points, raked hands etc. will be provided to us by the poker rooms we are affiliated with. You also accept that we might occasionally publically show this data in promotion leader boards and results. We will never share any other personal data specific to your account to a third party.

  4. Referral Program and Affiliates

    Marketing material provided on the Site may only be used by you for the sole purpose of referring potential players to poker rooms through our Site.  You are in no event allowed to  modify these marketing tools without our prior written consent or use other marketing material that has not been approved by us in writing prior to your use thereof.

    All efforts of referring and affiliate players to poker rooms through the Site must be done in a proper and professional matter. You take full responsibility for not referring members to the Site in a way that is prohibited by applicable laws and regulations.

    You guarantee that you will not place any links or marketing materials on websites that promote violence, sexually explicit material or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age.  
    Spam as a marketing method is not allowed. It is furthermore not allowed to talk about  RakeBrain or rakeback in the poker room chats.

    In case of violations to the above you shall forfeit all outstanding payments from the Site.

    You acknowledge and agree that for poker rooms where we do not get detailed player rake statistics due to network regulations you will not earn any referral fees. These rooms include but are not limited to: PokerStars, PartyPoker, Betsson Poker, Eurobet Poker, Pacific Poker, EuroPoker, BetSafe and Lucky Ace Poker.

     
  5. Unlawful and Prohibited Use

    You shall not use the Site and its services for any purpose that is unlawful, libelous, abusive, discriminatory or prohibited by these Terms of Use. You may not use the Site and its services in any manner, which could damage, disable, overburden, or impair the Site or its services, or interfere with any other party's use and enjoyment of the Site and its services.
    You may not attempt to gain unauthorized access to the Site or its services, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
    You may not spam or seek to entice the Site’s visitors to other sites.
  6. Intellectual Property

    You acknowledge and agree that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks (RakeBrain), logos and trade names contained on the Site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of the Site, are licensed to us by the owners, or are of their respective owners as indicated, as the case may be. The use of the Content by you in any way without the owner’s prior written consent is not permitted.

    If you believe that your property has been used in any way that would be considered a violation of your intellectual property rights, or if you become aware of any unauthorized use of copying of any Content or any other unauthorized activity, please contact us immediately.

  7. Indemnity

    You shall indemnify the Site and its affiliated companies, directors, employees and partners from all damage, including reasonable attorney’s fees, resulting from claims from third parties due to or arising out of your breach of the Terms of Use, or our use of the Site, or the use of the Site by another person using your personal details whether or not with your authorization.

  8. Warranties

    The Site and its content, products, services and software on the Site or made available to you through the Site are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose.

  9. Limitation of liability

    The Site does not assume any liability and cannot be held responsible in connection with any inaccuracies within the information displaced on the Site. If you should observe any incomplete or inaccurate information, we would greatly appreciate being notified. We can be reached via e-mail through our contact us page.

    The Site may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk.

    In no event we will be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems links to third-party websites; the internet backbone, personal injury; third-party content, products or services; loss of use or lack of the availability of facilities including computer resources, routers and stored date; the use or inability to use the Site or the content; any other web site accessed to or from the Site; or events beyond the reasonable control of the Site.

  10. Privacy Policy

    We refer to our Privacy Policy page – for more information on how we handle your information.

  11. Responsible gaming

    We refer to our Responsible Gaming page – for more information on our commitment to responsible gaming.

  12. Governing Law and Jurisdiction

    The Terms of Use are governed by the laws of the Netherlands Antilles, without regard to any conflict of law provisions. Any dispute in connection with the Terms of Use shall be exclusively submitted to the courts of Curacao, the Netherlands Antilles.

  13. No Waiver

    The failure by us to exercise our rights under the Terms and Conditions does not constitute a waiver of such rights.

  14. Modifications

    We are entitled to make amendments to the Terms of Use and to any other part of the Content at any time at our sole discretion. Any such amendments will be binding and immediately take effect on displaying on the Site. It is your own responsibility to check our Terms of Use regularly to ensure that you are aware of the current Terms of Use. Your continued use of the Site implies your agreement to any amendments to the Terms of Use.