TERMS OF SERVICE | LEVEL X POKER LLC | X-WAVE SOCIAL GAMING PLATFORM
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the X-Wave social gaming platform, including any mobile or web-based applications, websites, software, games, promotions, tournaments, and related services (collectively, the “Service”).
The Service is operated by Level X Poker LLC (“we,” “us,” or “our”). By accessing or using the Service, including creating an account, participating in any game, promotion, or activity, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service.
These Terms apply to all users of the Service and govern all access to and use of the Platform, unless a separate written agreement expressly states otherwise.
1. ACCOUNTS
a. Account Creation
To access and use all features of the Service, you must create an account (“Account”). Certain limited features of the Service may be available without creating an Account; however, full access requires registration.
You may create an Account by registering through the X-Wave platform. During registration, you may be required to provide certain personal information and create login credentials, such as a username and password, or link your Account to a supported third-party service (each, a “Third-Party Account”). All login credentials, whether created directly or through a Third-Party Account, are referred to as “Login Credentials.”
All information collected in connection with your Account will be handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
You are solely responsible for maintaining the confidentiality of your Login Credentials and for all activities that occur under your Account.
b. Security of Login Credentials
Once you have created or been assigned a username, password, or other identifying credentials (“Identifiers”), you are responsible for keeping them secure and confidential.
If you believe that your Identifiers have been compromised or are no longer secure, you must notify Level X Poker LLC immediately. Upon notice, we may issue new Identifiers and may invalidate activity conducted under the compromised Identifiers at our sole discretion.
Absent such notice, all actions taken using your Identifiers will be deemed authorized by you and treated as valid.
c. No Transfer or Shared Use
Your Account is personal to you and may not be transferred, shared, sold, or assigned to any other person.
You may not allow any other individual to access or use your Account for any reason. Under no circumstances may a person under the age of eighteen (18) access or use an Account.
Any violation of this section may result in immediate suspension or termination of the Account and forfeiture of any associated privileges or rewards.
d. User Responsibility and Indemnification
You agree that you are solely responsible for all use of the Service conducted through your Account and Identifiers, except where you have properly notified us of a security breach as described above.
You agree to indemnify, defend, and hold harmless Level X Poker LLC and its owners, officers, employees, agents, affiliates, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the use or misuse of your Account.
2. REGISTRATION RESTRICTIONS
To be eligible to register for an Account and use the Service, you must be at least eighteen (18) years of age. By creating an Account or accessing the Service, you represent and warrant that you meet this age requirement. If you link your Account to a third-party service, you further represent that you are at least eighteen (18) years old, regardless of whether such third-party service permits younger users.
You may create and maintain only one (1) Account. The creation or use of multiple Accounts by the same individual is prohibited. Level X Poker LLC reserves the right to suspend or terminate any or all Accounts associated with a user who violates this restriction, without liability.
The Service is intended for use only in jurisdictions where such use is permitted by applicable law. Certain states, countries, or jurisdictions may restrict or prohibit access to social gaming platforms, sweepstakes, or promotional reward programs. The Service is void where prohibited by law. You may not register for or use the Service if doing so would violate any applicable laws or regulations of your place of residence or physical location.
You are prohibited from registering for or using the Service if your Account has previously been suspended or terminated by Level X Poker LLC, or if you have been previously banned or barred from participation in the Service.
You agree to use the Service in full compliance with these Terms and with all applicable local, state, national, and international laws, rules, and regulations.
The Service is provided solely for entertainment purposes. It does not offer or support real-money gambling, wagering, or betting of any kind. The Service does not accept real-money wagers or deposits. Any virtual items, including but not limited to Chips, points, or other in-game items, have no monetary value, do not constitute currency or property, and may not be exchanged or redeemed for money except as expressly permitted through designated promotional or sweepstakes-based reward programs.
Any references within the Service to “bets,” “pots,” “wagers,” “limits,” or similar terminology are used for entertainment, instructional, or illustrative purposes only and do not involve real-money gambling.
Level X Poker LLC reserves the right, at any time, to verify your compliance with these Terms, including verification of age, identity, and residency. Such verification may include technological, administrative, or other lawful methods, including age-gating, geo-location, and identity verification tools.
By registering for an Account, you agree that Level X Poker LLC may display your username, gameplay results, reward activity, and participation records within the Service, and may use your name, likeness, image, voice, or biographical information for promotional or marketing purposes, in any media now known or hereafter developed, without additional compensation, unless prohibited by law. You agree to execute any additional releases reasonably required for such use.
3. PAYMENTS; CHARGES
a. General Access
It is generally free to register for an Account and access the Service. No purchase or payment is required to participate in any sweepstakes, promotion, or reward opportunity offered through the Service.
Making a purchase will not increase a user’s chances of winning any prize or reward.
b. Optional Purchases
The Service may offer users the opportunity to make optional purchases in exchange for access to certain features, services, memberships, or promotional benefits.
In connection with certain purchases, users may receive complimentary virtual promotional chips (“Chips”) for use within the Service. Chips are provided for entertainment purposes only and have no monetary value.
Chips are not purchased, wagered, or redeemed as money and do not represent a deposit, stake, or entry fee.
c. No Refunds; No Transfers
All purchases made through the Service are final and non-refundable, except as required by applicable law or expressly stated otherwise.
Chips may not be sold, transferred, exchanged, bartered, or used outside the Service. Any attempt to do so may result in suspension or termination of the Account and forfeiture of Chips or other privileges.
Level X Poker LLC reserves the right to manage, modify, limit, or discontinue Chips or any purchase offerings at any time, in its sole discretion. Pricing and availability are subject to change without notice, and we reserve the right to refuse or cancel any transaction.
d. Payment Authorization and Chargebacks
You agree to pay all applicable charges associated with any purchase you authorize using a valid payment method (“Payment Method”). You represent that you are authorized to use the selected Payment Method.
If you believe your Account has been charged incorrectly or without authorization, you must notify us promptly and pursue resolution through the applicable payment provider.
You agree to reimburse Level X Poker LLC for any chargebacks, reversals, claims, fees, penalties, or related costs incurred as a result of payments you authorized or accepted.
Unused Chips or promotional benefits are not refundable and are forfeited upon closure or termination of an Account, regardless of the reason for such closure.
4. VIRTUAL ITEMS; PROMOTIONS; PRIZES
a. Virtual Items
The Service may allow users to obtain, accumulate, and use certain virtual, in-game items, including virtual promotional chips (“Chips”) and other digital assets (collectively, “Virtual Items”).
Virtual Items are promotional in nature only and represent a limited, revocable, non-transferable right to access certain features or participate in activities within the Service. Virtual Items have no monetary value, do not constitute currency or property, and may not be redeemed, transferred, or exchanged for real money, goods, or services except as expressly permitted through designated promotional or sweepstakes-based reward programs.
You acknowledge that you have no ownership interest in any Virtual Items, regardless of the terminology used by the Service such as “win,” “buy,” “earn,” or “spend.”
b. Restrictions on Virtual Items
Virtual Items may not be sold, transferred, traded, gifted, or exchanged outside the Service. Any attempt to do so constitutes a violation of these Terms and may result in suspension or termination of your Account and forfeiture of Virtual Items.
Level X Poker LLC reserves the right, at its sole discretion, to manage, control, modify, limit, suspend, or eliminate any Virtual Items or categories of Virtual Items at any time, with or without notice. Availability and quantities of Virtual Items may change at any time.
Virtual Items may only be held or used by individuals located in jurisdictions where access to and use of the Service is permitted by law.
c. Issuance and Use of Virtual Items
Virtual Items may only be obtained through the Service and through methods expressly authorized by Level X Poker LLC. We reserve the right to impose limits or restrictions on the issuance, accumulation, use, or redemption of Virtual Items at any time and for any reason.
We may suspend, reverse, or void any Virtual Item activity in cases of suspected fraud, abuse, violation of these Terms, or interference with the integrity or operation of the Service.
Virtual Items are associated with your Account and are forfeited upon termination or suspension of your right to use the Service.
d. Payment-Related Obligations
To the extent any Virtual Items or related features are provided in connection with optional purchases, you remain responsible for any applicable charges, taxes, or fees associated with such purchases.
You agree to reimburse Level X Poker LLC for any chargebacks, reversals, claims, fines, penalties, or related costs arising from payments you authorized or accepted. We reserve the right to suspend or terminate your Account if any authorized payment is declined, reversed, or unpaid.
e. Promotions and Prizes
From time to time, the Service may offer promotions, sweepstakes, contests, or similar programs (“Promotions”) through which users may have the opportunity to receive prizes (“Prizes”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN OR WIN ANY PROMOTION.
A purchase or payment will not increase a participant’s chances of winning.
All Promotions are void where prohibited or restricted by law.
f. Promotion Rules and Administration
Available Promotions will be described within the Service and will be governed by separate official rules, terms, or conditions (“Official Rules”). Participation in any Promotion is subject to your agreement to the applicable Official Rules.
Level X Poker LLC shall be responsible for administering Promotions offered through the Service, including compliance with applicable disclosure, eligibility, and prize fulfillment requirements, unless otherwise expressly stated.
- REWARDS
a. Earning Promotional Chips
The Service may provide users with the ability to earn virtual promotional chips (“Chips”) that may be redeemed for certain prizes (“Rewards”) as part of promotional or sweepstakes-based programs offered through the Service.
The number of Chips awarded and the manner in which Chips may be earned will be disclosed at the time such opportunity is presented. Chips may be earned through various non-wagering activities, including but not limited to gameplay participation, promotional events, login activity, or other actions designated by Level X Poker LLC.
CHIPS ARE NOT AWARDED BASED ON THE OUTCOME OF ANY GAME OR HAND.
Level X Poker LLC may impose limits on the earning or redemption of Chips, including limits per Account, per Reward, per day, or per any other generally applicable metric, in its sole discretion.
b. Reward Redemption
Chips may be redeemed for pre-determined Rewards made available through the Service’s rewards catalog or redemption interface (the “Rewards Store”).
Rewards are subject to availability and may be modified, substituted, limited, or discontinued at any time at the sole discretion of Level X Poker LLC. The number of Chips required to redeem a Reward, eligibility requirements, and redemption conditions may change at any time without notice.
Unless expressly stated otherwise at the time of redemption, Rewards have no cash value, are non-transferable, and may not be sold, traded, bartered, or otherwise transferred. Any attempt to do so may result in forfeiture of the Reward and termination of the Account.
c. Claiming Rewards
To claim a Reward, additional eligibility, verification, or compliance requirements may apply. Users may be required to follow specific instructions, submit documentation, or complete identity verification prior to fulfillment of a Reward.
Once Chips are redeemed, they are permanently deducted. Except in Level X Poker LLC’s sole discretion, redeemed Chips will not be reinstated. Rewards that expire, are forfeited, or are not claimed in accordance with the applicable instructions will not result in a refund of Chips.
If a Reward becomes unavailable for any reason after redemption, Level X Poker LLC may, in its sole discretion, substitute a reward of comparable value or refund the redeemed Chips.
d. Inactive Accounts and Expiration
If an Account remains inactive for a period determined by Level X Poker LLC, Chips associated with that Account may expire or be forfeited. An inactive Account may be reactivated by logging in and using the Service; however, expired Chips will not be reinstated.
Expiration timelines and inactivity thresholds may vary and will be disclosed within the Service or at the time Chips are issued.
e. Ownership and Control of Chips
All Chips remain the sole property of Level X Poker LLC at all times. Chips may not be exchanged, sold, bartered, or transferred inside or outside the Service.
Level X Poker LLC reserves the right to manage, control, modify, suspend, or eliminate Chips or the Rewards program at any time, with or without notice. Redemption rates, availability, and conditions are subject to change at Level X Poker LLC’s discretion, as permitted by law.
Level X Poker LLC reserves the right to refuse redemption of any Chips for any reason, including suspected fraud, abuse, or violation of these Terms.
f. Taxes and Reporting
Users are solely responsible for all federal, state, and local taxes, reporting obligations, and any other governmental charges arising from the receipt of any Reward.
Where required by law, Level X Poker LLC may withhold applicable taxes and/or require submission of tax documentation (including IRS Form W-9 or equivalent) prior to fulfillment of a Reward.
g. Prize Fulfillment and Disclaimers
Rewards are provided “as is,” without warranties of any kind, express or implied. Level X Poker LLC makes no representations regarding the quality, authenticity, or fitness of any Reward for a particular purpose.
For Rewards fulfilled by third-party vendors or service providers, Level X Poker LLC is not responsible for defects, delays, cancellations, or fulfillment failures.
Travel- or experience-based Rewards may be subject to additional restrictions, blackout dates, and availability limitations. Level X Poker LLC is not responsible for changes, cancellations, or quality issues related to third-party travel or experience providers. Users may be required to execute additional releases as a condition of receiving such Rewards.
6. LICENSES; OWNERSHIP
a. Ownership of the Service and Content
The Service, including but not limited to the X-Wave platform, all games, promotions, software, applications, websites, client-side and server-side software, source code, text, graphics, logos, designs, artwork, animations, audio, music, audiovisual effects, methods of operation, user interfaces, documentation, chat content, gameplay data, and recordings of gameplay (collectively, the “Content”), is owned by or licensed to Level X Poker LLC.
As between you and Level X Poker LLC, all right, title, and interest in and to the Service and the Content, including all intellectual property and proprietary rights, are and shall remain the exclusive property of Level X Poker LLC and its licensors. All rights not expressly granted to you are reserved.
b. No Ownership Interest
You acknowledge and agree that you have no ownership or property interest in the Service, your Account, any Chips, Rewards, or other Virtual Items associated with your Account, regardless of whether such items were earned, awarded, or provided in connection with optional purchases.
You are expressly prohibited from transferring, or attempting to transfer, any Account, Content, Chips, Rewards, or Virtual Items outside of the mechanisms expressly provided within the Service. This prohibition includes any attempted sale, gift, trade, or exchange in the real world or through third parties.
c. Limited License to Use the Service
Subject to your compliance with these Terms, Level X Poker LLC grants you a personal, revocable, limited, non-exclusive, non-transferable license to:
(i) access and use the Service and Content solely for your own private, non-commercial entertainment purposes; and
(ii) access the Service through compatible devices and platforms as permitted by applicable third-party platform rules (including, where applicable, ClubGG or app store usage policies).
The Service may change, evolve, or be discontinued, temporarily or permanently, at any time, in whole or in part, without notice. If use of the Service is determined to be unlawful in your jurisdiction, you agree not to use the Service, and this license shall be void.
All updates or modifications to the Service are governed by the version of these Terms in effect at the time of use.
d. Termination of License
Your license to use the Service is conditioned upon your ongoing compliance with these Terms. If you violate these Terms, or if you no longer agree to them, your license to use the Service will immediately terminate.
Upon termination, Level X Poker LLC may, in its sole discretion, suspend, revoke, cancel, or adjust any Chips, Rewards, or other Virtual Items associated with your Account, and you must immediately cease all use of the Service.
e. Prohibited Uses
You may not:
(i) allow any other person to access or use the Content through your Account;
(ii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the Service or Content;
(iii) copy, reproduce, distribute, or publicly display the Content;
(iv) rent, lease, sublicense, sell, assign, or otherwise transfer rights in the Service or Content;
(v) remove, obscure, or alter any proprietary notices or labels; or
(vi) use the Service or Content for any commercial purpose.
Commercial use of the Service is strictly prohibited.
f. User Interactions and Assumption of Risk
You acknowledge that gameplay on the Service involves interaction with other users and not with Level X Poker LLC. You participate in the Service at your own discretion and risk.
Level X Poker LLC is not responsible for claims, losses, or damages arising from interactions between users. While we reserve the right to monitor activity and disputes, we have no obligation to do so.
7. USER CONTENT
a. User-Generated Content
The Service may provide functionality that allows you to submit, upload, post, transmit, or otherwise make available text, images, chat messages, usernames, or other content (“User Content” or “UGC”).
You are solely responsible for all User Content you submit and for any consequences arising from such submission. Any reliance on User Content obtained through the Service is at your own risk.
b. Monitoring and Removal
Level X Poker LLC reserves the right, but has no obligation, to monitor, review, edit, or remove User Content at any time and for any reason, including if we determine in our sole discretion that such User Content violates these Terms or is otherwise objectionable.
c. Public Nature of User Content; Prohibited Content
User Content you submit may be visible to other users of the Service and, in some cases, through third-party platforms or services. You understand that communications made through the Service are not private.
You agree not to submit any User Content that is unlawful, false, misleading, fraudulent, defamatory, harassing, abusive, threatening, hateful, obscene, vulgar, or otherwise objectionable, or that encourages criminal conduct or conduct that could give rise to civil liability, or that infringes any intellectual property, privacy, or proprietary rights of any third party (“Prohibited Content”).
d. No Endorsement
Level X Poker LLC does not endorse, support, represent, or guarantee the accuracy, completeness, or reliability of any User Content or opinions expressed by users through the Service.
You acknowledge that you may be exposed to User Content that is inaccurate, offensive, or otherwise inappropriate. Under no circumstances shall Level X Poker LLC be liable for any User Content or for any loss or damage resulting from your use of or reliance on such User Content.
e. Intellectual Property Rights in User Content
You may not submit User Content that is protected by copyright, trademark, or other proprietary rights unless you have obtained all necessary permissions from the rights holder.
By submitting User Content to the Service, you represent and warrant that you own or have all necessary rights to submit such content and to grant the licenses described in these Terms.
You grant Level X Poker LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media now known or later developed, in connection with the operation, promotion, and improvement of the Service.
f. Disclosure of User Content
Level X Poker LLC may access, preserve, and disclose User Content and related information if we reasonably believe such action is necessary to:
(i) comply with applicable law, regulation, or legal process;
(ii) enforce these Terms;
(iii) detect, prevent, or address fraud, security, or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property, or safety of Level X Poker LLC, users, or the public.
g. User Representations
You represent and warrant that:
(i) you own or have the legal right to submit your User Content;
(ii) your User Content does not contain Prohibited Content; and
(iii) your User Content constitutes information stored at your direction within the meaning of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
h. Indemnification
You agree to indemnify, defend, and hold harmless Level X Poker LLC and its owners, officers, directors, employees, agents, affiliates, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(i) your User Content;
(ii) activity conducted through your Account;
(iii) your reliance on User Content;
(iv) your interactions with other users; or
(v) your violation of these Terms.
i. Consent and Releases
You represent that you have obtained all necessary releases, consents, and permissions from any individuals appearing in submitted User Content and that such content does not violate any rights of privacy or publicity.
8. LINKED SITES AND ADVERTISERS
a. Advertising
The Service may include advertisements, sponsorships, or promotional content. The type, format, and extent of advertising on the Service are subject to change at any time.
In consideration for being granted access to and use of the Service, you agree that Level X Poker LLC and its third-party partners, providers, or affiliates may place advertising or promotional materials on or in connection with the Service, including alongside Content or information submitted by you or other users.
b. Third-Party Links and Resources
The Service may contain links to third-party websites, services, or resources. You acknowledge and agree that Level X Poker LLC is not responsible or liable for:
(i) the availability, accuracy, or operation of such third-party websites or resources; or
(ii) the content, products, or services available on or through such websites or resources.
Links to third-party websites or resources do not constitute or imply endorsement, sponsorship, or approval by Level X Poker LLC of such websites, resources, or their content.
You acknowledge that your use of any third-party websites or resources is at your own risk and subject to the terms and policies of those third parties.
9. RESTRICTIONS ON USE OF THE SERVICE
a. Prohibited Conduct
You agree that you will not engage in any of the following activities while accessing or using the Service:
(i) accessing, tampering with, or using non-public areas of the Service, Level X Poker LLC’s systems, or the technical delivery systems of our providers;
(ii) probing, scanning, or testing the vulnerability of any system or network or attempting to breach or circumvent security or authentication measures;
(iii) accessing or attempting to access the Service by any means other than through authorized interfaces provided by the Service, unless expressly permitted by us in writing;
(iv) forging or manipulating network headers or using the Service to transmit altered, deceptive, or false source-identifying information;
(v) developing, distributing, using, or promoting cheats, automation software, bots, scripts, hacks, exploits, or any unauthorized third-party tools that provide an unfair advantage;
(vi) engaging in collusion, soft play, chip dumping, unlawful activity, or any other fraudulent or unfair practice intended to influence gameplay or outcomes; or
(vii) interfering with or disrupting the Service or the experience of other users, including through malware, spamming, flooding, or excessive or abusive behavior.
b. Cheating and Fraud Enforcement
You acknowledge and agree that you may not cheat, attempt to cheat, or otherwise interfere with the operation or integrity of the Service.
If Level X Poker LLC determines, in its sole discretion, that you have engaged in cheating, collusion, automation, fraud, or other prohibited conduct, we may take any action deemed appropriate, including but not limited to:
- suspension or termination of your Account
• forfeiture of Chips, Rewards, or privileges
• restriction of access to games or features
• reporting the activity to platform operators or relevant authorities
All enforcement decisions are final.
c. Chat Policy and Table Conduct
The Service may provide chat or messaging features. We aim to maintain a respectful and fair environment for all users. While we are not responsible for the conduct of users, we reserve the right to restrict or revoke chat privileges or access to the Service for violations of this policy.
The following conduct is strictly prohibited:
- Collusion or any form of coordinated play.
- Agreeing to take or avoid action when another player is all-in.
- Revealing hole cards or hand information before completion of a hand.
- Intentionally stalling or delaying gameplay.
- Selling, trading, or soliciting Chips or Rewards for cash or value.
- Attempting to induce players to leave games to join other tables or services.
In addition, abusive or inappropriate chat behavior includes, but is not limited to:
- Threats, harassment, profanity, or obscene language.
- Statements intended to influence gameplay unfairly.
- Excessive use of languages other than English during active play (minor exceptions may be allowed).
- Begging for Chips or Rewards.
- Advertising or promoting external websites or services.
- Spamming chat with disruptive text or symbols.
- Posting announcements for unauthorized tournaments or events.
- Coaching or advising other players during active hands.
Level X Poker LLC reserves the right to moderate chat activity and enforce this policy in its sole discretion. Enforcement actions may include temporary or permanent chat restrictions, Account suspension, or termination.
When reporting suspected violations or gameplay concerns, users should provide relevant table and hand information to assist in review.
10. COPYRIGHT POLICY
a. Copyright Infringement Notices
Level X Poker LLC respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly submitted.
If you believe that any content made available through the Service infringes your copyright, please submit a written notification that includes the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate the material;
(iv) your contact information, including your name, address, telephone number, and email address;
(v) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
b. Removal of Infringing Content
Level X Poker LLC reserves the right to remove or disable access to User Content alleged to be infringing without prior notice and at our sole discretion.
In appropriate circumstances, and in accordance with applicable law, we may terminate the Account of users who are determined to be repeat infringers.
Our designated agent for receipt of notices of claimed copyright infringement is:
Email: [email protected]
- DISCLAIMERS
YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING ANY CONTENT, GAMES, PROMOTIONS, REWARDS, OR RELATED ACTIVITIES, IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVEL X POKER LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LEVEL X POKER LLC MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE.
LEVEL X POKER LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, OR DATA, OR FOR ANY LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT.
YOU AGREE THAT LEVEL X POKER LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, FAILURE TO STORE, OR FAILURE TO TRANSMIT ANY USER CONTENT, COMMUNICATIONS, OR OTHER INFORMATION MAINTAINED BY OR THROUGH THE SERVICE.
LEVEL X POKER LLC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEVEL X POKER LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LEVEL X POKER LLC MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND YOU ASSUME ALL RISK OF, ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS OF ANY KIND ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY GAME, PROMOTION, REWARD PROGRAM, OR ANY ACTIVITY ASSOCIATED WITH THE SERVICE.
12. LIMITATION OF LIABILITY; INDEMNIFICATION
a. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVEL X POKER LLC, AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
(i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
(ii) THE CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT;
(iii) ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE; OR
(iv) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, ACCOUNT, OR USER CONTENT.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Security Disclaimer
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, FRAUD, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.
c. Exclusive Remedy
TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE, CLAIM, OR LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE YOUR ACCOUNT.
d. Waiver of Unknown Claims
YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (OR ANY SIMILAR LAW OF ANY JURISDICTION), WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
e. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use of or access to the Service;
(b) your violation of these Terms;
(c) your violation of any applicable law, regulation, or rule;
(d) your violation of any rights of any third party;
(e) your User Content or Account activity; or
(f) any misuse of the Service by you or through your Account
13. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and exclusions set forth in these Terms may not apply to you.
To the extent required by applicable law, the liability of Level X Poker LLC shall be limited to the maximum extent permitted in such jurisdictions.
14. WAIVER AND SEVERABILITY
The failure of Level X Poker LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
15. CONTROLLING LAW AND JURISDICTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS, OR THE RIGHTS AND OBLIGATIONS OF USERS OR THE RELEASED PARTIES IN CONNECTION WITH THE SERVICE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW OR CONFLICT-OF-LAW RULES THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
The state and federal courts located in Los Angeles County, California shall have exclusive jurisdiction over any suit, action, or proceeding arising out of or relating to these Terms or the Service. By accessing or using the Service, you knowingly and voluntarily waive any objection to personal jurisdiction, venue, or forum non conveniens in such courts.
16. ADDITIONAL END USER TERMS FOR USERS OF THE APP
The Service is accessed through third-party software platforms and applications, including but not limited to ClubGG and related mobile or desktop applications (the “Platform Apps”). Level X Poker LLC does not own or distribute the Platform Apps or the underlying software used to access the Service.
By accessing the Service through a Platform App, you acknowledge and agree to the following:
a. Acknowledgement
You acknowledge that these Terms are concluded solely between you and Level X Poker LLC, and not with ClubGG, Apple Inc., Google LLC, Amazon, Meta Platforms, Inc., or any other platform provider or app store.
Level X Poker LLC is responsible only for the operation of the X-Wave club and related services, and not for the Platform Apps or their content, functionality, or availability. To the extent these Terms conflict with any applicable platform or app store terms, the applicable platform or app store terms shall control.
b. Scope of Access
Your access to the Service through any Platform App is limited, non-transferable, and subject to the rules, permissions, and usage restrictions imposed by the applicable platform provider. You may only use the Platform App on devices that you own or control and in accordance with all applicable platform usage rules.
c. Maintenance and Support
Level X Poker LLC is not responsible for providing maintenance, technical support, updates, or bug fixes for any Platform App. Any issues related to installation, performance, connectivity, or operation of the Platform App must be directed to the applicable platform provider.
You acknowledge that platform providers and app stores have no obligation to provide support for the Service itself.
d. Warranties
To the maximum extent permitted by law, Level X Poker LLC disclaims all warranties related to the Platform Apps. Any warranties applicable to the Platform Apps are provided solely by the platform provider, if at all.
With respect to the Service operated by Level X Poker LLC, all warranties are disclaimed as set forth in these Terms.
e. Product and Consumer Claims
You acknowledge that Level X Poker LLC is responsible only for claims relating to the operation of the X-Wave club and the Service, and not for claims arising from the Platform Apps themselves.
Any claims related to the Platform Apps, including product liability, consumer protection, or regulatory compliance, must be directed to the applicable platform provider.
f. Intellectual Property Rights
In the event of any third-party claim alleging that the Service infringes intellectual property rights, Level X Poker LLC shall be responsible only for the portion of the claim directly related to the Service.
Claims related to the Platform Apps or underlying software must be resolved with the applicable platform provider.
g. Legal Compliance
You represent and warrant that:
(i) you are not located in a country subject to U.S. government embargoes or sanctions, and
(ii) you are not listed on any U.S. government list of prohibited or restricted parties.
17. ENTIRE AGREEMENT; CHANGES TO THESE TERMS
a. Entire Agreement
These Terms, together with any applicable Official Rules, Sweepstakes Rules, and Privacy Policy, constitute the entire and exclusive agreement between you and Level X Poker LLC regarding your access to and use of the Service.
These Terms supersede and replace any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the Service, except for any separate written agreement you may have entered into with Level X Poker LLC that expressly states it governs in addition to or in place of these Terms.
No third party, including any platform provider or software operator, shall be deemed a third-party beneficiary of these Terms.
b. Changes to These Terms
Level X Poker LLC reserves the right to modify or update these Terms at any time. The most current version of the Terms will govern your use of the Service and will be made available through the Service or related website.
If we make a material change to these Terms, we may notify you by email or through the Service. Your continued access to or use of the Service after any such changes become effective constitutes your acceptance of the revised Terms.
In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control.
Last Updated December 28, 2025