Absolute Poker

Absolute Poker End User License Agreement

1.1 Acceptance of Terms

AbsolutePoker welcomes you to the premium online gaming experience.  AbsolutePoker provides use of its games, promotions, software, tournaments, accounts, loyalty programs and any other service associated with www.absolutepoker.com  (together the “Services”) to you subject to the terms and conditions contained in this agreement, which may be updated from time to time without notice to you.  You can review the most current version of the terms and conditions at any time at http://www.absolutepoker.com/support/terms-and-conditions.

This Absolute Poker End User License Agreement (“Agreement”) constitutes a legally binding agreement between (a) you, the end user (“you, your, yours”) and (b) AbsolutePoker.com (“AbsolutePoker”).  The parties are further defined in section 1.3 below.  It is essential that you read and understand these terms and conditions.  PLEASE READ AND PRINT THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST DELETE THE ABSOLUTEPOKER SOFTWARE FROM YOUR COMPUTER(S) AND ABSTAIN FROM USING ANY SERVICES IN CONNECTION WITH THE SITE.

You may be required from time to time to signal your acceptance of this Agreement by indicating your acceptance in a checkbox or other method; however, by installing the AbsolutePoker software, using any of the Services, registering an account with AbsolutePoker (an “Account”) or choosing to play poker or any of the games offered (together the “Games”), you are indicating your  understanding and acceptance of the terms and conditions contained in this Agreement and as modified or changed from time to time in accordance with Section 1.4 of this Agreement.  This Agreement is deemed accepted and signed by virtue of the installation of AbsolutePoker software by you, or by your use of any of the Services. 

In addition to the terms and conditions contained in  this Agreement, please review the AbsolutePoker Privacy Policy, the individual game rules (located at “Help” or other individual Game links), and the terms and conditions related to the AbsolutePoker Loyalty Programs, tournaments and promotions available on and in connection with www.absolutepoker.com, as posted on the site, and associated sites from time to time,  which are incorporated by reference into this Agreement, along with other policies which you may be notified of by AbsolutePoker from time to time.

1.2  Your Diligence

Should you have any questions regarding the terms and conditions of this Agreement, you should seek independent legal advice.  It is important that you read these terms and conditions carefully before accepting this Agreement. Please print this Agreement in its entirety and store it along with all confirmation emails, any additional terms, transaction data, game rules and all other policies, procedures, regulations incorporated herein by reference and any and all modifications prior to accepting its terms and conditions.  AbsolutePoker will not file or maintain a record of your acceptance of this Agreement.  The terms and conditions contained herein represent the complete and final Agreement between you and AbsolutePoker and supersede any and all prior agreements, representations or statements made by you or AbsolutePoker.

1.3  Parties

“AbsolutePoker” and the Services it provides are wholly owned and operated by Tokwiro Enterprises ENRG, a Mohawk business registered under the laws of Canada and the Mohawk Territories of Kahnawake (“Tokwiro”). The obligations contained in this Agreement are those of Tokwiro and do not extend to its agents, employees, customer service representatives, merchants, vendors, contractors, managers, owner(s), attorneys, staff, affiliates, affiliated corporations or entities.  All of the rights, terms and conditions contained in this Agreement are assignable by Tokwiro from time to time in its discretion.  Upon any such assignment, you agree that all rights, liabilities, conditions and terms associated with this Agreement will be transferred to such assignee(s), thereby releasing Tokwiro of all obligations and liabilities associated with being a party to this Agreement. The assignee and you will continue as the only parties to this Agreement. 

“You” includes the individual end-user and, if applicable, your heirs, estate, issue and spouse.  Notwithstanding the foregoing, the obligations of AbsolutePoker under this Agreement extend to the end-user alone and do not extend to your heirs, estate, issue or spouse.

1.4  Amendments

AbsolutePoker reserves the right to modify and amend this Agreement at any time with or without notice to you. Such amendments will become effective immediately upon being posted by AbsolutePoker. It is your sole responsibility to review this Agreement and amendments made from time to time.  Any such amendments to this Agreement will supersede the prior Agreement(s) unless otherwise expressly indicated in such amendment(s).

2.1 Your Legal use of AbsolutePoker Games and Services

You may not access any of the Services by logging into your Account from any of the jurisdictions prohibited by AbsolutePoker from time to time.  You are also prohibited from playing Games where prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. AbsolutePoker is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction you are physically located in while accessing the Services.  You acknowledge that AbsolutePoker is unable to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of participating in Games or use of Services.  By playing any Real Money Games (as such term is defined in Section 4.1 below), you warrant to AbsolutePoker that you are permitted by law to play such Game from your then jurisdiction.  By accepting the terms in this Agreement you understand that AbsolutePoker is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services in all relevant jurisdiction(s).  You shall only use the Services provided by AbsolutePoker if you are at least of legal age in the jurisdiction where you are physically located while accessing the Services, and you are not less than 18 years old. 

3.1 Your License to use Services

Subject to the terms and conditions contained herein, AbsolutePoker grants you a non-exclusive, personal, non-transferable, and non-sub-licensable right to install and use the AbsolutePoker software only to access the AbsolutePoker servers, play the Games and use the Services offered by AbsolutePoker.  The use of any and all Services is strictly and exclusively limited to your personal use.  The AbsolutePoker software and code are the valuable trade secrets and are the sole property of AbsolutePoker, and/or its affiliated companies, licensors, and parent companies.  In addition, all other material used in any media, correspondence, production, or demonstration by AbsolutePoker including but not limited to the software, images, graphics, photographs, animations, videos, music, audio, advertisements, text and all related intellectual property rights are owned by AbsolutePoker and/or its affiliated companies, licensors and parent companies its related companies and associated groups.  You have no rights in or to any such material. All proprietary rights are reserved.

4.1 Using Your Account

After registering at AbsolutePoker, you may access the Games which consist of play money games and play money tournaments ("Play Money Games") and real money games and real money tournaments ("Real Money Games"). In order to access the Services and Games provided by AbsolutePoker you will have to register an Account by choosing an acceptable Account user name and password,  and providing other information that is required such as, but not limited to, your surname and given name, address, email, gender, birth date and telephone number.  The user name generally cannot be edited or changed by you unless approval is received by an agent authorized by AbsolutePoker to grant such approval.  AbsolutePoker is happy to provide you with the opportunity to register your Account free of charge. 

4.2  Age , Address and Identity Verification

AbsolutePoker reserves the right to request that you produce proper documentation as proof of your age, identity and place of residence.  Proper documentation may include, but is not limited to, a valid driver’s license, passport, official bank draft, utility bill(s), copy of credit card (both sides), copy of credit card statement and any other documentation deemed necessary to verify information provided to AbsolutePoker by you.  In addition, the name on your Account must match your true and legal name and identity and the name that is provided on your Account registration must match the name that is found on any payment account used to transfer monies into and out of your Account.  Without limitation, failure to timely provide full and true information regarding your identity or failure to timely provide documentation as evidence of your identity may result in your Account being closed, this Agreement being terminated, and/or AbsolutePoker taking the other actions or remedies set forth in Section 8.2 of this Agreement.

4.3   Your Account

You must only access the Services and/or play the Games as an individual and keep all Account information private and confidential.  You are only permitted to have one Account with AbsolutePoker’s gaming network.  AbsolutePoker assumes no responsibility for unauthorized activity on your Account.  You are solely responsible for your Account and shall not divulge or make available your unique player ID or your secret password.  You agree under no circumstances whatsoever will AbsolutePoker be liable for any authorized or unauthorized activity associated with your Account.  You are obligated to notify AbsolutePoker in writing where you discover any unlawful or unauthorized use of your player ID and password.  You assume all risks of third parties impermissibly “hacking into” or otherwise accessing your Account.  You are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, malware, spyware, viruses, Trojans, and any other technology that may be used to track data that is transmitted to AbsolutePoker or that may disrupt AbsolutePoker’s business.   You are responsible for checking your Account for any discrepancies or losses and to immediately notify AbsolutePoker upon discovery of any discrepancies or losses.

4.4  Transacting on Your Account/Transfers

In the event that you access Real Money Games, you agree that there is a risk of losing money when using the Real Money Games and that AbsolutePoker has no responsibility to you for any such loss.  Your use of the Real Money Games is at your sole option, discretion and risk.  In order to use the Services available for Real Money Games, you will be required to transfer real monies into your Account by any of the methods specified and made available to you, which are subject to change from time to time, without notice to you. You should note that AbsolutePoker is not a bank and funds are not insured by any government agency.  All payments made to and from your Account must be paid in the currencies available by use of AbsolutePoker Services.  Unless specified by AbsolutePoker in writing, your Account shall bear no interest at anytime, whatever the circumstances. Minimum and maximum limits may be applied to the amount that may be deposited into your Account.  Such limits are at the sole discretion of AbsolutePoker and may change from time to time and vary from player to player, without notice to you. You understand that you may be charged service fees on deposits or withdrawals at the sole discretion of AbsolutePoker, which are subject to change from time to time.  In addition, acceptance of a withdrawal request made by you is subject to the transaction discretionary limits, deposit method restrictions, bonus restrictions, transaction fees, and/or security reviews and all other terms of this Agreement. You agree that there may be delays on payments being processed that are subject to security reviews or where AbsolutePoker holds funds in accordance with this Agreement.

AbsolutePoker in its discretion may allow you to transfer real money funds from your Account to another Account by entering the amount to transfer and the player ID of the intended recipient.  You are responsible to ensure that the information provided is exactly correct at the time of initiating the transfer as AbsolutePoker may be unable to reverse an incorrectly entered transaction.  Limits on transfers will be set by AbsolutePoker per user from time to time in its discretion.  To be allowed to initiate an Account transfer, you may be subject to security review(s) including the production of documents such as those listed in Sections 4.2 and 7.3.  Transfers are made at your own risk.  The following terms also apply to requests to transfer funds amongst Accounts: (a) AbsolutePoker reserves the right to decline any transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver; (b) a sending Account holder agrees to only make an account transfer to enable a recipient to play the Games and not for any other purpose; (c) a recipient of a transfer agrees to only use transferred funds to play the Games and not for any other purpose; and (d) you may not withdraw funds directly received from a transfer (see part (c) above); winnings arising from playing the Games using the transferred funds that subsequently contribute to a withdrawal request may only be withdrawn or transferred subject to AbsolutePoker’s discretion and review in accordance with its internal controls, policies and procedures.   

4.5  Payment Processors

AbsolutePoker may engage third-party electronic payment processors and/or financial institutions (“Payment Processors”) to process transactions related to your Account.  You hereby authorize AbsolutePoker to instruct such Payment Processors to handle deposits and withdrawals from your Account in accordance with requests made by you using the Services.  You shall be bound by the terms and conditions of the Payment Processors.  AbsolutePoker shall not be liable for unlawful behavior or misconduct of any Payment Processor. 

4.6  No Resale of Account

You may not sell, attempt to sell or give away your Account, or any aspect of your Account, chips, bonus points, tournament entries or any other Account related aspect that may be of value.  Without limitation, if AbsolutePoker believes that you have attempted to so sell or give any aspect of your Account to any other player or individual, your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take the other actions or remedies set forth in Section 8.2 of this Agreement.

4.7  Bonuses and Promotions

AbsolutePoker may from time to time offer you complimentary bonuses or Services which may be credited by AbsolutePoker into your Account or be redeemable for other Services offered by AbsolutePoker.  You are not entitled to redeem complimentary bonuses or services for value without first complying with the terms and conditions applicable to such an offering.  Any such bonus or promotion will be subject to the terms and conditions of that bonus or promotion as communicated to you by AbsolutePoker, any of its agents or posted on its website (and associated sites from time to time), otherwise the bonus is subject to the standard bonus and promotion terms and conditions customarily adopted by AbsolutePoker from time to time, which are specifically incorporated into this Agreement by reference.  AbsolutePoker values every customer, however, AbsolutePoker maintains the sole discretion to award such bonuses and promotions to select individuals and is in no way obliged to provide such bonuses or promotions to any individual, notwithstanding apparent or actual eligibility for such bonus or promotion.  Furthermore, AbsolutePoker reserves the unfettered right to reclaim any bonus amounts not used within a prescribed period.

4.8  What happens when Your Account is deemed Inactive

If you do not access your Account by logging onto the AbsolutePoker servers and using the Services offered by AbsolutePoker for any consecutive period of 190 days your Account will be deemed inactive, and may be deemed abandoned.  AbsolutePoker is entitled to charge you periodic administrative fee(s) during the period that your Account remains inactive, up to the extent of your Account balance.  Without limitation, if your Account is deemed by AbsolutePoker to be abandoned, your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take the other actions or remedies set forth in Section 8.2 of this Agreement.

4.9  Networked Games

In an effort to provide you with the best online gaming experience and access to the most Games with a wide variety of tournaments, AbsolutePoker reserves the right to run and utilize networked solutions that enable you to play with other players who come into the Games, tables and tournaments from other websites and brands.  In the event that AbsolutePoker in its sole discretion decides to offer this Service, you agree that AbsolutePoker may restrict your ability to have multiple networked accounts, and that AbsolutePoker in consultation with other brands may seek to have accounts with other brands blocked or terminated.

4.10  Playing Games and Using Services

You agree to use all of the Services provided to you by AbsolutePoker in accordance with this Agreement and all of the rules and procedures associated with the Games and Services as they are made available to you.  All such rules and procedures are incorporated by reference into this Agreement.  Such rules and procedures include but are not limited to, poker and other game rules, tournament rules, promotional rules and policies, loyalty program rules and policies, and any other rule or policy that is communicated to you by AbsolutePoker on its website or associated websites.  You agree not to participate in any Games or Services where prohibited by law.

5.1  Modification of Software and Unauthorized Server access is forbidden

AbsolutePoker licenses its software to you solely for the purpose of facilitating legitimate players to access the Services and play the Games with other legitimate players.  Under no circumstance shall you modify, adapt, translate, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of AbsolutePoker software or any part thereof or to create, publish or distribute derivative works based upon the software.  You may not attempt to gain access to the AbsolutePoker servers in any unauthorized or malicious manner.  Without limitation, if AbsolutePoker deems you to be in breach of this provision or conceiving and conspiring to breach this provision, your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement.

5.2 You may not use the Services or Software for commercial use

AbsolutePoker provides its Services and Games to you for your personal use only.  Any commercial use of the software is strictly forbidden without express written permission of AbsolutePoker.  You shall not post any unauthorized advertising or promotion materials, by way of email, spam, junk mail comment, or any other form of solicitation via the software or chat facilities and Services provided by AbsolutePoker.

5.3  You must Play Fair

AbsolutePoker requires you to play without an unfair advantage and prohibits you from using any external player assistance programs.  Any program that is designed to, or does provide an unfair advantage to a player is strictly prohibited.   AbsolutePoker also forbids and strictly prohibits the use of any type of automatic player, the use of “bots”, or artificial intelligence to interact with any of the Services that AbsolutePoker provides, or with any other players that are using the Services.  You agree that AbsolutePoker may take any steps deemed necessary to catch and detect any such prohibited behavior.   Such steps may include but are not limited to, examination of software programs running concurrently with the AbsolutePoker software on your personal computer.

5.4  Collusion is forbidden

AbsolutePoker strictly prohibits any form of collusion amongst players and you shall not engage in this type of behavior or any derivative thereof.  Collusion shall include but is not limited to sharing hole cards with other players, any other information that is not made directly available to the players by engaging in the Service, and any type of information sharing that may provide an unfair advantage to those made privy to such information.   “Chip Dumping” (i.e., intentionally giving chips to another player or user) is prohibited.  These types of activities, and any other that may provide an unfair advantage are strictly prohibited.  You agree that AbsolutePoker reserves the right to take any steps necessary to detect and prevent this type of behavior.  Such steps include, but are not limited to, restrictive seating and or preventing individuals from playing at certain tables or in certain tournaments as well as monitoring other software programs in use on your personal computer while using the Services.  Without limitation, if you are deemed by AbsolutePoker to be engaging in such activity, your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement.

5.5 Fraudulent Behavior

If AbsolutePoker deems that you have engaged in fraudulent, unlawful, dishonest or improper activity while using the AbsolutePoker software, Games or Services, including but not limited to any of the activities described above or any other game manipulation, or any fraudulent activity including but not limited to, the use of a stolen credit card or the chargeback of money, any type of money laundering or related activity, any type of perceived suspicious or criminal activity or any activity that gives reason to suspect suspicious or criminal activity (together “Fraudulent Activity”), your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement. Without limitation, AbsolutePoker reserves the right to disclose recorded data or communications related to your Account to the relevant authorities if and when required by applicable law.

5.6  Abusive or Offensive Language

AbsolutePoker is determined to maintain civility in communications between players and between players and staff of AbsolutePoker.  As such, you are strictly prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that has the potential to offend others, on any online chat facility, any online blogs or forums or in any correspondence with agents of AbsolutePoker.  In addition, you may not post using the AbsolutePoker software, online chat, online forums or in any correspondence with  staff, any material that provides links to, or direction to any type of malicious software or viruses, computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any software, hardware or service related technology.  You are also prohibited from begging for money or harassing any individual including but not limited to, staff and other AbsolutePoker players, while using any of the Games or Services.  Without limitation, any violation of this policy may result in termination of your ability to chat, the closure of your Account, the termination of this Agreement, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement.

5.7 Impersonation

You may not engage in any form of impersonation, whether it be impersonating an entity, an official, an employee, any person whoever, or misrepresenting any relationship or affiliation with another person or entity whoever in connection with your Account, your play of Games, or your use of the Services.

5.8 Player Misconduct

You may be deemed to be “a player in misconduct” at the sole discretion of AbsolutePoker in the event that AbsolutePoker determines you are in contravention of any of the terms and conditions of this Agreement, or that you are violating or abusing any of the Services provided by AbsolutePoker, including but not limited to, abuse of promotions or privileges, behaving fraudulently, disrupting play, contacting staff or other players excessively or behaving in any disrespecting manner towards fellow AbsolutePoker players or AbsolutePoker staff.  If you are deemed to be “a player in misconduct” AbsolutePoker may take any action that it deems to be appropriate, including without limitation, closing  your Account, terminating this Agreement, and/or AbsolutePoker taking any of the other actions or remedies set forth in Section 8.2 of this Agreement.

5.9 You May Not Use Player Assistance Programs/Automatic Players

AbsolutePoker prohibits external player assistance programs which are designed to provide an “unfair advantage” to players.  Prohibited external player assistance programs include all computer software (other than the AbsolutePoker Software) that are designed to assist or provide information to the player and/or non-software based databases or profiles (e.g. web sites and subscription services) that compile player information.  You are prohibited from using, accessing, or compiling information on other players beyond that which you have personally observed through your own game play.  The use of artificial intelligence including without limitation, “robots” or software-enabled playing is strictly forbidden in connection with the Games and the Services.  All actions taken relative to the Services and the Games must be executed personally by you only using the user interface made accessible by the AbsolutePoker software.  You agree that AbsolutePoker may take steps to detect and prevent the use of all external player assistance programs including but not limited to an examination of software programs running concurrently with the AbsolutePoker software on your computer.

6.1 No Warranty for Services

THE GAMES AND THE SERVICES ARE PROVIDED TO YOU BY ABSOLUTEPOKER “AS IS” WITHOUT ANY WARRANTY OF ANY NATURE.  IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,COMPLETENESS, ACCURACY OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. The risk arising out of the use of the software or Services remains with you.  AbsolutePoker disclaims all warranties of any kind including but not limited to, express or implied, and warranties for completeness or accuracy.  AbsolutePoker does not guarantee that the Services will be provided error free or secure nor is it guaranteed that you will experience the Services uninterrupted, timely or bug free or virus free.  AbsolutePoker also maintains the right to suspend, discontinue, modify, remove or add to any of the Games or Services provided in its absolute discretion with immediate effect and is under no obligation to provide notice of any such modification, addition or subtraction of Games or Services provided, and AbsolutePoker shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made in this regard.

6.2  System Errors

You agree that technological or system errors may occur from time to time.  In the event of a systems error or failure or game error that affects odds calculations, charges, fees, rake, bonuses or payouts, AbsolutePoker will act in a reasonable manner to attempt to compensate for any deleterious effects resulting from such an error.  However, you assume the risks of such errors and/or behavior, and there is no guarantee that you will be fully compensated or made whole under such circumstances. In addition, AbsolutePoker will apply the same policy to circumstances where a player has gained an unfair advantage and profited from any type of system error.  In the event that AbsolutePoker deems you to have gained or profited from a system error or failure, AbsolutePoker may take any action that it deems to be appropriate including closing your Account, terminating this Agreement, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement.

6.3 Your Customer Support

In an effort to keep the player fully informed, AbsolutePoker may send out communications by way of email.  By registering an Account with AbsolutePoker you agree to receive such communications from the staff of AbsolutePoker.  You also agree to maintain accurate Account information and an up-to date email address for receiving such communications, and acknowledge your responsibility to frequently review such communications and remain up to date on all correspondence from AbsolutePoker.  Communications may include, but are not limited to, information relevant to the poker and gaming community, information relevant to any updates or changes that may occur, information about new features and security, promotional and bonus communications, and any other communications relevant to you as a member of the AbsolutePoker community.  You should assume that all correspondence between yourself and the staff of AbsolutePoker will be recorded and may be used to improve customer service or as evidence in a dispute.

6.4  Play Money

Play money chips have no value and records and Accounts associated with play money funds are held separate from real money funds.  To the extent you are participating in Play Money Games your consideration from AbsolutePoker is only, and limited to, the opportunity to participate in Play Money Games.  Therefore you shall have no expectation or right to recover any monetary sum or anything of value from Play Money Games at any time whatsoever.  Any prizes or awards associated with Play Money Games are given at the complete discretion of AbsolutePoker.  You agree that if a system error, technical malfunction or fraud impacts any Play Money Game, you have no right to request compensation of any nature from AbsolutePoker.

7.1  Tax Liability

AbsolutePoker provides its Services to and in many jurisdictions worldwide. It is your sole responsibility to ensure that you are compliant with all applicable tax disclosure, filing, and payment obligations in any jurisdictions in which you play and/or have nexus. You must report any relevant personal income or other amounts generated through your use of the Services as required by applicable law. It is your sole responsibility to withhold and make payment of any and all taxes (whether income taxes, sales taxes, withholding taxes, and/or taxes, duties or fees of any other nature) exigible from and in respect of your use of the Services and the Games. You assume any and all liability for such taxes, duties, or fees, and you specifically indemnify and hold harmless AbsolutePoker to the full extent of any such taxes, duties, or fees. AbsolutePoker does not condone or support tax evasion or illegal tax compliance or planning procedures. AbsolutePoker reserves the right to disclose income and transactional data with respect to your use of the Services and the Games to taxing authorities, if and when required by applicable law.

7.2  You are responsible for your connection to AbsolutePoker

You are solely responsible for your telecommunications networks, hardware and Internet access services that allow you to connect to and use the Services.  AbsolutePoker will not be liable, or accept any responsibility for damages resulting from a connectivity issue, including but not limited to issues, errors, failures related to computer hardware insufficiencies or failures, network connectivity issues whether they be incidental or intentional.  AbsolutePoker shall not be a party to any dispute between you the user and a telecommunications provider and in no way do the relationships between any telecommunications provider and you have any effect on your obligations under this Agreement.

7.3  You agree to a security review/Authorization

AbsolutePoker is committed to security and maintaining an integral environment for the members of the AbsolutePoker community.  You acknowledge that you will, if requested, comply with the demands of AbsolutePoker to ensure this goal is met.  This may include, but is not limited to, compliance with a security review at any time, to verify your compliance with this Agreement, the incorporated policies, verify your identity, verify your address, and verify your financial transactions.  You agree to produce forthwith, any documentation that is requested during a security review, including but not limited to the production of documentary evidence verifying your age, identity, address and other registration data provided by you.  In addition, you agree and authorize AbsolutePoker to make inquires to, and disclose information to, any third party, regarding the verification of information you have provided. You may be notified of such verification request by electronic mail. In the event you do not comply with a request under a security review or a request to obtain authorization or a release (including but not limited to, a request for an affidavit of identity and eligibility, a release of liability and/or publicity authorization, and/or identification verification documents), your Account may be closed, this Agreement may be terminated, and/or AbsolutePoker may take any of the other actions or remedies set forth in Section 8.2 of this Agreement.

7.4 Breach

You agree to compensate AbsolutePoker in full for any costs or losses including but not limited to, reasonable legal fees incurred by AbsolutePoker in association with any breach by you of this Agreement.  Without limitation, you agree that if you fail to comply with any of the terms, provisions or conditions set out in this Agreement, that action or inaction will result in a material breach and AbsolutePoker may take any action that it deems to be appropriate including but not limited to closing your Account, terminating this Agreement, and/or taking any of the other actions or remedies set forth in Section 8.2 of this Agreement.

7.5 Data

In the event there is a discrepancy of any kind regarding the results, outcomes, or occurrences of any kind whatever between your records and those maintained by AbsolutePoker the results, outcomes and occurrences recorded by AbsolutePoker on the AbsolutePoker servers shall govern.  Furthermore, you agree, understand and warrant that the records recorded by AbsolutePoker shall govern and constitute the final authority in determining all of your activity, results, and use connected with the AbsolutePoker Services and Games.  AbsolutePoker may maintain and record all data associated with the Services and Games for a reasonable amount of time in accordance with AbsolutePoker’s internal policy and procedures.  You agree to hold AbsolutePoker harmless for any loss of data that may occur during the course of business.  You understand that AbsolutePoker may share your Account records with its gaming regulators as required under the applicable regulations.

8.1  Authority

AbsolutePoker in its unfettered discretion retains the right and authority to issue, maintain and close your Account.  Decisions made by AbsolutePoker regarding any aspect of your Account or use of the Services are final and not subject to appeal of any kind.

8.2  Account Closure and Forfeiture/Termination

Notwithstanding any provision of this Agreement to the contrary and not by limitation, AbsolutePoker has the right to close your Account and/or terminate this Agreement, suspend your Account, limit the features and Services available, confiscate and forfeit any funds, chips, tournament entries, or other Account attributes, refuse to process transactions, disclose information related to your Account to banks, credit card companies and/or any person or group who may have right to such information, and/or initiate any appropriate legal action against you upon the occurrence of any of the following actions or events: your breach of this Agreement or any incorporated agreements or policies; you misrepresent your age or are found to be under the age of 18 years old; you behave or may behave in a fraudulent manner in association with your Account, the Services or the website(s);  you behave fraudulently in connection with other sites;  you falsely claim that you did not make a processed deposit on your Account with AbsolutePoker or any other site (engaged in “chargeback”); you become bankrupt or insolvent in any jurisdiction in the world; you have made authorized payments that subsequent to making them become or became dishonored in any way; you participate in collusion or improper and unlawful activity of any kind whatever; you use the Services as agent for the interests of another person or entity; you abuse privileges; you misuse any Services or promotions; abuse of software; you fail due diligence or security review(s) conducted by AbsolutePoker in its discretion from time to time; you are deemed unacceptable by or fail the diligence of any of AbsolutePoker’s gaming regulator(s); you abuse or mistreat other players or staff; you engage in propaganda or frivolous unfounded claims or you otherwise commit misconduct or behavior that is detrimental or potentially detrimental to AbsolutePoker and/or the user experience, as determined by AbsolutePoker in its sole discretion.    Although the remedies set forth in this Section are specifically referenced from time to time in this Agreement, such references are for example only and are without limitation; the remedies above are available upon the occurrence of any of the above enumerated actions or events regardless of the presence or absence of a specific reference to this Section.

8.3  Indemnity

AbsolutePoker provides the Services but does not make any other promises or warranties about the Services.  YOU AGREE TO HOLD ABSOLUTEPOKER, ITS PARENTS, SUBSIDIARIES, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES, SERVICE PROVIDERS, DISTRIBUTORS, WHOLESALERS, AFFILIATES, PARTNERS, ADVERTISERS, CREDITORS, PROMOTIONAL OR OTHER AGENCIES, MEDIA PARTNERS, AGENTS AND RETAILERS (“ABSOLUTEPOKER GROUP”) HARMLESS AND AGREE TO FULLY INDEMNIFY THE SAME FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES WHATSOEVER THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SERVICES, YOUR BREACH OF THIS AGREEMENT, YOUR CONDUCT, OR YOUR INTERACTION WITH ANY OF THE ABOVE LISTED PARTIES.  ALL MEMBERS OF THE  ABSOLUTEPOKER GROUP SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSE OF USE, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE (OR MISUSE) OF ANY OF THE SERVICES, SERVER, SOFTWARE OR GAMES, WHETHER OR NOT ABSOLUTEPOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  The maximum liability for any tournament failure, abuse or misconduct is limited to your tournament “buy-in” plus fee and not any prize or award offered in such a tournament.  Nothing in this Agreement shall exclude any liability AbsolutePoker may have in respect death or physical injury caused by willful misconduct.

8.4 No Waiver

Any waiver of any breach of this Agreement by AbsolutePoker does not constitute a waiver of a breach of any other provision of this Agreement nor will it constitute a subsequent waiver of any breached term of the Agreement.

8.5  No Resulting Third Party Rights

You acknowledge that this Agreement represents the full, true and complete understanding and agreement between you and AbsolutePoker.  In addition, you acknowledge that this Agreement supersedes any prior agreement, understanding or arrangement between you and AbsolutePoker and there is nothing in this Agreement that creates or confers any other benefits or rights in favor of any third parties not party to this Agreement.

8.6 Termination of this Agreement

AbsolutePoker may terminate this Agreement upon providing notice to you or as otherwise permitted by this Agreement.  You may also terminate this Agreement at any time by notifying AbsolutePoker in writing, provided that you do not have any outstanding liabilities to AbsolutePoker for any reason.  This Agreement shall remain in force and effect for an additional 180 days following the receipt of a written termination notice from you.  For the purpose of clarity and avoidance of any doubt, this Agreement is applicable to all events that have arisen out of, or associated with your use of the Services and Games regardless of whether the Agreement has terminated or not.  Termination may result in termination from all websites (and associated sites from time to time), that share the AbsolutePoker network.  The rights and remedies in Section 8.2 or elsewhere in this Agreement shall not be limited by this Section.

8.7  Dispute Resolution

AbsolutePoker will respond to any player complaints, claims disputes or grievances.  You agree that if you have any complaints, claims, grievances or disputes with AbsolutePoker regarding any of its Services, the Games, staff, promotions you will first contact AbsolutePoker in writing by email, as soon as practicable, to voice your concerns, complaints, claims, disputes or grievances.  In all circumstances you must notify AbsolutePoker of your concern, complaint, dispute or grievances no later than six months from the day the concern, complaint, dispute or grievance was discovered or should have been discovered.  To the extent that you are unsatisfied with the response that you receive you may contact AbsolutePoker’s then primary gaming regulator.  AbsolutePoker’s current primary gaming regulator is the Kahnawake Gaming Commission (KGC).  You agree to submit to the relevant authority of the then primary gaming regulator for settlement of any outstanding disputes or matters arising out of this Agreement or the enforceability of any of the terms herein.  You shall not object to any action or settlement being brought in the jurisdiction of the primary gaming regulator, nor claim that the action or settlement has been brought in an inconvenient forum, or that the authorities do not have jurisdiction.  For as long as the KGC is the then current primary gaming regulator, any judgments rendered by the authorities of the Mohawk Territories of Kahnawake shall be binding, final and conclusive in all matters.

8.8  Severability

In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.