TERMS & CONDITIONS

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING AND INSTALLING THIS WEBSITE AND GAME CLIENT BY CLICKING THE “I ACCEPT” or “CONTINUE” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL.

These Terms and Conditions (the “Agreement”) is an agreement between you (“you”) and HeroPoker (the “Company”). Each of the terms “we”, “us” and “our” means the Company. The terms “Poker client, website and product” means any information or game play medium that you use to access HeroPoker for information or game play related activity on HeroPoker. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

This Agreement will affect your legal rights and we strongly recommend that you read the agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to clicking on the “Accept” or “Continue” button.

1. Applicability of Terms and Conditions
By clicking on the “Accept” or “Continue” button, you represent and warrant to the Company that you fully understand and agree to comply with all of the terms and conditions of this Agreement and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you by the Company. This Agreement incorporates by reference all guidelines or rules applicable to our service, which are posted on our website from time to time, as may be amended from time to time by the Company.

2. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, service-marks, logos and trade names including the name www.HeroPoker contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games (as defined below) located on the Company website. You agree that the Content is protected by copyright law and the Company reserves all right in relation to the Content.

3. Permitted Use
The Company hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for your use of this website and the Games. You further agree that your use of the software downloaded on or through this website (the “Software”) is governed by the terms and conditions of this Agreement and the Company’s End User License Agreement, which is incorporated herein by reference. For more information on the terms and conditions and the rights and restrictions attached to your use of the Software please see our End User License Agreement. You agree that in the event of a conflict between our Legal Terms and Conditions and the End User License Agreement, as they relate specifically to the use of the Software, the terms of the End User License Agreement shall prevail.

4. Restrictions on Use
You agree that you will not:

(i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or

(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

5. License to Use your Information
With the exception of personal information which is governed by our Privacy Policy, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide, directly or indirectly, on or through this website or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

6. Personal Information and Privacy Policy
Subject to our Privacy Policy, the Company may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose to third parties personal information about you and your use of the website and the Games and you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have in respect thereof. This Agreement incorporates by reference the terms of our Privacy Policy. You agree that in the event of a conflict between our Privacy Policy and our Legal Terms and Conditions, our Legal Terms and Conditions shall prevail. For more information on the Company’s use of registration data and certain other information we collect from you please see our Privacy Policy.

== 7. No Warranties, Limitations on Liability and Disclaimers == YOUR ACCESS TO OUR WEBSITE, THE CONTENT, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. OUR WEBSITE, THE CONTENT, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU “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, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN OUR WEBSITE, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF OUR WEBSITE, THE GAMES AND THE SOFTWARE LIES WITH YOU. IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES. CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF OUR WEBSITE, THE GAMES OR THE SOFTWARE, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS OUR WEBSITE.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SE-CURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COM-PANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

This website 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 providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.

The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

THE TERMS OF THIS AGREEMENT MAY BE CHANGED, FROM TIME TO TIME BY THE COMPANY ACTING IN ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU. YOU ARE STRONGLY RECOMMENDED TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT ON A REGULAR BASIS TO STAY INFORMED OF SUCH CHANGES, IF ANY.

8. Termination
This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company under this Agreement, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

9. Indemnity
You agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, shareholders and employees, including the Company’s agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of your use or misuse of the Content or this website in any manner whatsoever, including without limitation infringement claims, participation in the Games and your entitlement to any winnings through the use of such Games.

10. Registration and the Games
To play at HeroPoker, you will need to register for an account (“Account”) by choosing a unique account name and password and entering other information such as your first and last name, address, email and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering on or through our website you will be able to access both play money games and tournaments (“Play Money Games”) and real money games and tournaments (“Real Money Games”). Play Money Games and Real Money Games are collectively referred to herein as the “Games”.

11. Rules and Procedures of the Games
The Games will be played pursuant to generally accepted poker rules and procedures as specifically set out in the Featured Games Section of our website, as well as other sections of our website and Software, including but not limited to How to Play, Table Stakes, Tournaments, and Disconnection and All-in Policy, and any other page that governs any particular event, game or tournament, all of which are specifically incorporated herein by way of reference.

12. Limited Use and Acknowledgment of Risk
The Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to play the Play Money Games and you may play the Play Money Games without betting money. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or our website to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of our website is strictly prohibited. You hereby acknowledge that that there is a real risk that you will lose your money by playing the Real Money Games and agree that the Company will not be responsible to you in any way for such loss.

13. Legality of Participation in Games
You may only participate in the Games if you are 18 years of age and over and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting to this website or you are of legal age in the jurisdiction from where you are connecting from. You agree and acknowledge that the Company has no duty to provide you any legal advice or assurances with respect to the applicable laws governing your right to participate in the Games and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to play the Games. By playing the Games you represent and warrant to the Company that you are in compliance with applicable laws when playing the Games and have the legal right to play the Games. Participation in the Games is void for whomever and wherever prohibited by law. Residents of United States of America and all her territories, Hong Kong, Republic of Korea, North Korea, Switzerland, France, Italy, Spain, Denmark, and Belgium are not permitted to play the Games. An account opened by any resident of these countries is a breach of this Agreement and the Company will close such account subject to the terms and conditions contained in this Agreement.

== 14. Artificial Intelligence & Unfair Advantage Programs == We are committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on the Company’s website. You will not use any software programs which are designed to provide you with assistance in accessing, compiling or calculating information on other users of the website or players of the Games. Additionally, you are not permitted to, and you agree not to cause any such program to access the website or any data on it and you are not permitted to access any such data and send it to any other parties. In this regard, the Company prohibits those External Player Assistance Programs (“EPA Programs”) which are designed to provide an “Unfair Advantage” to players. “EPA Programs” means computer software, other than the Software, and non-software-based databases or profiles such as websites and subscription services. “Unfair Advantage” means any instance in which a User accesses or compiles information on other player or players beyond that which you have personally observed through you’re your own use and play of the Games. You further agree not to use any robot software programs (or any other artificial intelligence software programs) designed to play the Games on the Site.

Programs that aggregate hand histories to profile a player’s own play and/or the play of opponent players at the same poker table are allowed.

PokerTracker and Texas Calculatem, for example, are programs that provide detailed statistical analysis of hand histories for beneficial review. As well as personal game play analysis, these programs also compile and profile an opponent’s play. This is similar to how a meticulous player might use our “Player Notes” feature after every hand to compile their own profiles on opponents. As such, these programs are allowed.

Conversely, programs that use statistics not collected by the player himself/herself through ordinary, fair game play, are not allowed. Programs that share data are not allowed. Further, we do not allow players to collude, share hole card information or team up against other players. We also prohibit the use of any software program that facilitates the sharing of this information or player profiles.

PokerEdge and CardAnalyzer, for example, are programs that compile player profiles in a database and then sell subscription access to their systems. These programs allow players to access profile information on players they have never played against, and we believe this provides an unfair advantage. As such, these programs are prohibited.

Examples of acceptable programs

Acceptable programs include, but are not limited to:

GameTime+

PokerAce Heads Up

PokerOffice

PokerTracker

PokerWeapon

Texas Calculatem

Examples of prohibited programs

Prohibited programs include, but are not limited to:

PokerEdge

PokerProphecy

PokiBot

StarSpy

WinHoldem

You hereby grant to the Company the right to take any steps necessary to detect and prevent the use of EPA Programs prohibited under this Agreement, including but not limited to screen capture or reading the list of currently running programs on your computer or any player’s computer. In the event that you are found to have breached the provisions of this Section, we shall have the right to immediately terminate your use of the Software and terminate your account without refunding to you any money that may be held by us in your account at the time of such termination.

15. No Company Employees or Affiliates
If you are an officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or a supplier or vendor to the Company, you are not permitted to register with our website or to participate directly or indirectly in any of the Games (each an “Unauthorized Person”). Similarly, relatives of Unauthorized Persons are not permitted to register with our website or to participate directly or indirectly in any of the Games. For these purposes, the term “relative” shall mean spouse, partner, parent, child or sibling. The Company will withhold any and all winnings to be paid in favour of persons who are in breach of this provision.

16. Shared Table and Database Platform
The Company reserves the right to run and utilize a shared table, server and database platform (“Shared Table Platform”) which enables players from HeroPoker to play with players coming into the games, tables and tournaments from other HeroPoker regional websites to the same Shared Table Platform so that the players may be pooled into common tables regardless of which regional HeroPoker website they may have entered from. In such event, you agree that you may be pooled into these common tables, at the Company’s sole discretion, and to the extent that you breach the terms and conditions of one regional HeroPoker website, the Company has the right to restrict you, in part or full, from accessing the entire system so that you may not play through any regional HeroPoker website. You agree further that your play patterns, personal data, depositing limits and history may be calculated and shared across the system to counter fraud, over-depositing and other matters, as the Company shall decide in its sole discretion from time to time.

17. Play Money and Real Money Account Funding
Play money funds are kept separate from legal currency or money (authorized by law) and are not transferable or exchangeable within an Account. Further, play money funds have no value in and of themselves and are not transferable or redeemable for any legal currency. To play the Real Money Games, you will be required to deposit legal currency into your Account by any of the methods specified by our website, which may change from time to time in the Company’s sole discretion. The Company will deposit such funds into your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum deposit limits and the method of deposit will be determined by the Company from time to time, acting in its sole discretion. The Company will pay, track and maintain all funds, except as otherwise stated. The Company shall not be required to pay you any interest on any funds deposited with the Company, its agents or affiliates and You recognize and fully acknowledge that HeroPoker is not a financial institution and should not be treated as an instrument to transfer or hold funds without the intention of game play.

18. Bonuses
You may only use complimentary or bonus amounts credited into your Account by the Company (if any) for promotional purposes, for play in the Games. You are not entitled to and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are incorporated herein by reference. Further, the Company reserves the right to reclaim any bonus amounts paid into your Account if you do not use them within the period of time specified.

19. Cash Outs

Your account balance (“Account Balance”) is the amount of legal money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you, and less any amounts forfeited by you or amounts reclaimed or withheld by the Company pursuant to the terms of this Agreement.

Except as otherwise required by each deposit method or our security team, you may request to cash out and withdraw any or all of your Account Balance at any time provided that no more than 25% of the winnings source for your requested cashout has come from promotional winnings.

All amounts cashed out are subject to the transaction limits and processing fees as set forth at www.HeroPoker.net, as determined by the Company acting in its sole discretion. Further, the Company may report and withhold any amount from winnings as required by law, and in any event, all federal, state, provincial and local taxes due in connection with any winnings awarded to you are your sole liability.

In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed out shall be made by check, wire, credit card and/or any other manner which the Company selects in its sole discretion. Payments will be made as promptly as possible, subject to any reasonable security reviews by the Company.

20. Electronic Service Provider

In order to play the Real Money Games you will be required to financially transact with us, which entails depositing money with us and receiving money from us. The Company reserves the right to sub contract and use third party payment processors and/or financial institutions (“Electronic Service Providers” or “ESPs”) to process such financial transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that the Company may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP’s terms and conditions, this Agreement shall prevail.

21. Hero Poker reserves the right to make changes to the game platform at any time.

In the event that Hero Poker changes Poker Platform the following Policies will Apply:

i. All Real money balances will be retained and secured, all balances will remain unchanged and transferred to the new poker platform.

ii. Announced Guaranteed Tournaments will be retained and will run on the announced date. In the event that the transition prevents the use of the system on the dates of the Guaranteed Tournament, it will be rescheduled on nearest Date of the same original day( Saturday, Sunday... etc.)

iii. All Tournament Tickets/Registrations will remain applicable on the new poker Platform.

iv. All Experience points will be transferred to the new Poker Platform and an appropriate value conversion will done if necessary.

v. All Money Bonuses will be transferred in to the new platform as Pending Bonus. The same release rate will be applied to the Bonus.

vi. Hero Poker will not be liable for any declared loss or inaccuracies of Bonus or Experience Points on the new platform. All calculations will be based on the information available to Hero Poker.

vii. Hero Poker will not be held responsible for a change of payment solutions for cash outs. If required players must re-apply if a new payment solution is being utilized by Hero Poker and perform the necessary security verification.

22. Security Checks and Review and Releases

To maintain a high level of security, the Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its sole and unfettered discretion, deems necessary. If you fail to comply with any security request, the Company reserves the right to void your Account. You will be notified of such verification request by electronic mail or telephone and Account Balances will be forfeited if you fail to provide the Company with such requested documentation and information within the time period reasonably specified by the Company. Such request for documentation and information may include a sworn affidavit of identity and eligibility, release of liability in favour of the Company and publicity authorization.

23. Abandonment of Account Balance

The Company reserves the right to cancel your Account for any reason whatsoever at any time without notice to you pursuant to the terms of this Agreement. If you do not access your Account by “logging in” to your Account using your Account Name and password for a period of one hundred and eighty (180) consecutive days: (a) your Account may be closed and the entire Account Balance will be deemed abandoned and forfeited; and (b) the Company may close any account you may have with an ESP; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game, deposit funds or participate in any activity at our website other than “logging in”.

24. Forfeiture, Account Closure and Confiscation

The Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Account (and any ESP account or Company related or affiliated account including any such account you may have with other websites and casinos owned or operated by the Company) in any of the following circumstances:

If you have more than one active Account registered with us on any of our regional HeroPoker sites;

If the name on your Account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at or deposits with us;

If you participate in one of our promotions and withdraw from a promotion before fulfilling the requirements of that particular promotion;

If you provide incorrect or misleading registration information;

If you are not of legal age;

If you connect from a jurisdiction where participation in the Games is prohibited by law;

If you have “charged back” or denied any of the purchases or deposits that you made to your Account;

If you are found cheating or attempting to cheat, or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat our website, its underlying system or our Games or you are found to have colluded or attempted to collude with other players in order to defraud the Company;

If you fail to comply with any of the terms and conditions set forth in this Agreement;

If you commit a suspicious transaction pursuant to paragraph xi below; or

If the Company becomes aware that you have played at any other online gaming site under any of the circumstances set out at under subparagraphs i through ix above.

25. Disclosure to Third Parties

You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and password to another person, and such disclosure results in a third party participating in the Games using your Account Name and password, such participation shall be valid (subject to compliance with the terms of this Agreement), and you will not be refunded any resulting losses, regardless of whether such third party did or did not obtain your consent. The Company shall not be required to maintain Account Names or passwords if you misplace, forget, lose, or are otherwise unable to enter your Account for any reason other than the Company’s fault.

26. Suspension, Modification, Removal and Addition of Games

The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, the Company will not be liable to you in any way.

27. Abusive or Offensive Language, Player protection, Fair Play, and Goodwill of Player Behaviour

Abusive or offensive language is not permitted in the multi-player Games, chat areas or with Company staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libellous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the website using the chat option, player image option, or in any correspondence with the Company’s staff. Abusive or offensive language includes, but is not limited to, any player statements that are in the Company’s sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of our website’s chat function.

Further you agree that you shall not make any statements on or through the website which promote any website, service or product of any party except the Company. You shall not make any statements about the Company, the website or the Games that are untrue or would reasonably be considered to be derogatory or critical.

A player account may be locked or banned at the sole discretion of the Company if:

A player engages in predatory game play behaviour towards another player;

A player engages in excessive freeroll play or excessive promotional usage – any player account that has 75% or more gameplay consisting of freerolls will fall into this category;

A player engages in rat-holing on a regular basis – rat-holing is defined as leaving a game with a certain amount of chips and coming back with a smaller stack than when the player left within a short period of time.

A player is deemed to gain an unfair advantage which takes away from the enjoyment of other players on the site;

If a player account is banned under these circumstances the player’s current balance will be returned to the player given that there are no issues of fraud and / or breach of security.

28. Illicit Advertising

At no time will you or any individual or organization you are affiliated with advertise third party products or websites to fellow users via our Software, chat or website without the express written permission or agreement of the Company. The Company reserves the right to suspend or indefinitely terminate accounts of players who misuse our website or chat function to make statements that advertise any product, website or service that is not endorsed by the Company.

29. Disclosure of Fraudulent Activities & Recovery of Disputed Credit Card transactions

If, in the Company’s sole determination, you are found to have cheated or attempted to defraud the Games, our website, other players, or the Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to the Company’s operation in any media or forum, the Company reserves the right (and you authorize the Company) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, law enforcement departments and other appropriate agencies. The Company may close any accounts, and forfeit account balances, that you have on deposit with us or at any other Company website, casino and/or business. Further, in the event you dispute a credit card transaction made at or through our website as being unauthorized, or made in a ‘card not present’ environment, the Company may charge an administration & recovery fee of up to $USD 500.00 per disputed transaction if it is deemed by the Company that the transaction was authorized and legitimate. The Company may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines.

30. Collusion

You agree not to collude with other players of the Games by sharing hole cards or by any other method. We reserve the right to restrict you in any manner from playing the Games including, but not limited to, restricting seating and/or prohibiting you from playing at a particular poker table or in a tournament, including restricting two or more players from playing together at the same table or in the same tournament. In the event the Company determines that you are colluding with other players of the Games in any manner, the Company shall have the right to immediately terminate your use of the Software and website and terminate your account without refunding to you any money that may be held by us in your account of at the time of such termination.

Players found guilty of verbally agreeing to not play each other in a hand with the explicit intent of maximizing the chance of eliminating a third player will be considered the same as collusion and cases such as these will be reviewed on a case by case issue. Persistent offenders risk will have their prize money confiscated.

31. Unauthorized Money Transfers

The User agrees that it will not lose a hand or win a hand with the intention to transfer the User’s chips to another user of the Service apart from regular poker play, i.e. ‘Chip dumping’. In the event the User breaches this Section, we may, acting in its sole discretion, terminate the User’s account without refunding the User any money that may be held by the us in the account of the User at the time of such termination.

32. Anti-Money Laundering Policy

In order to comply with anti-money laundering laws that exist in various jurisdictions we reserve the right to report suspicious transactions to federal, state, provincial or local authorities and law enforcement agencies within those jurisdictions. In exchange for us permitting you to participate in, use and access our website and the Games you hereby grant us the right to report any transactions which we deem suspicious, as determined solely by the Company acting in its sole discretion. Examples of a suspicious transaction include but are not limited to: use of funds suspected to be derived from illegal activities; any suspected intention to conceal or disguise funds derived from illegal activities; or suspicion that the involvement of our website and the Games is in any manner intended to facilitate criminal activity.

If for any reason we are of the belief or become aware of any transaction which we deem suspicious in nature, we may without prior notice or explanation to you take the following actions, which are in addition to all other rights and remedies available to us under this Agreement, at law or in equity:

report such transaction to the applicable federal, state, provincial or local authorities and law enforcement agencies;

deactivate or close your Account forthwith;

withhold any funds held in your Account;

restrict you from registering an account on or with our website or any of our affiliated websites.

TERMS AND CONDITIONS GOVERNING CREDIT CARD USE

33. The Company will charge your credit card using the descriptor “HeroPoker” and a contact phone number, which will appear on your credit card statement.

34. In order to prevent credit card fraud, we may charge your card an amount less than the actual value of your deposit with us. In which case we will require you to confirm with us the amount actually charged to your credit card so that we can verify that you are the authorized owner of the charged credit card. In order for us to complete our verification procedure, you will require access to your credit card statement and will need to confirm with us that you are the authorized owner of the charged credit card. For example: if a player submits a $100 deposit, we may actually charge the credit card $99.86, but deposit $100 to your Account. We will then ask you to confirm with us the amount that was actually charged to your credit card as shown on your credit statement, being $99.86. If you fail to provide us with the correct amount charged to your credit card then we may suspend your account until such time as we are satisfied that you are the authorized owner of the charged credit card.

35. Some credit card deposits may not be charged to your card immediately. As a fraud protection measure, in certain circumstances we will only pre-authorize a charge to your card and then the settle the transaction when we are satisfied that it is a legitimate charge. Many banks also have processing delays, especially if a charge is submitted on a weekend. It is not unusual for the credit charge to appear on your credit card statement up to 10 days from the date you charge your credit card to make a deposit into your Account.

36. You will be emailed a transaction receipt for every credit card deposit made at on or through our website. Please keep a copy of these transaction receipts for your records.

37. Details of your credit card transactions with us are displayed in the history tab of the cashier within the HeroPoker Software, and are also displayed on the player ledger page under the player administration section.

38. We use various billing companies and merchant accounts to process credit card transactions.

39. Making a deposit into your Account will not obligate you to make a purchase or play any Games on our website. You may request a refund of your deposit at any time by sending us an email to support@HeroPoker.net If possible, we will cancel the credit card transaction or directly refund the charged credit card, but in some cases we may not be able to do this due to credit card processing regulations. In the event that we are not able to cancel a transaction or refund your deposit directly to your credit card, we will refund you by depositing funds directly into a bank account selected by you or other means by our own absolute discretion. We may require additional verification from you in the event that we are not able to refund your deposit directly to your credit card.

40. Should you have any queries related to a credit card transaction on our website, please contact us. We are always pleased to answer your questions and assist you with this process.

41. By committing credit card fraud you are exposing yourself to liability and dire consequences. If you fraudulently dispute a transaction with the Company, we will take action against you pursuant to paragraph 28 above; and we will ascertain your whereabouts and commence legal action against you to recover all damages and costs (including our legal fees) incurred by us as result of your fraud. Please be advised that it is unlawful to dispute valid credit transactions.

GENERAL CONTRACT PROVISIONS

42. Settlement of Disputes

You fully accept and agree that the Company’s random number generator (“RNG”) software will determine the outcome of the Games. Further, in the event of a discrepancy between the result showing on the Software and the Company’s gaming server, the result showing on the Company’s gaming server shall be the official and governing result of the Game. Moreover, you understand and agree that our Website and Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting there from and the circumstances in which they occurred.

43. Notices

If you have any dispute with regard to any outcome in the Games or other activity on our website, you must submit your complaint to the Company in writing within fourteen (14) days of the incident in dispute by email to legal@HeroPoker.net

44. Governing Law

This Agreement shall be governed by and construed in accordance with the courts of Hong Kong.

45. Entire Agreement, Modification and Amendments

You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. The Company reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted on our website. It is your sole responsibility to review this Agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements, representations or statements made by the Company.

46. English Language

We have required that this Agreement and all documents relating thereto be drawn-up in English.

47. Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in United States dollars.

48. Endurement

This Agreement shall endure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

PLEASE PRINT A COPY OF THE TERMS OF THE AGREEMENT FOR YOUR REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

ANNEX I.

General Promotional Prize Competition Terms & Conditions

To enter a competition you must have an active Heropoker user account. To consider the account active, the user must have completed atleast three (3) Freeroll Tournaments.

By entering competitions the winner agrees to participate in such promotional activity and material as HeroPoker may require.

To claim the prize, please send us a photo of yourself with the Heropoker client running on the background via support@heropoker.net or as a private message in Facebook: http://www.facebook.com/HeroPokerNet

If the competition or promotion is run on Facebook, then it is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating you hereby release and hold harmless Facebook from any and all liability associated with this promotion.

HeroPoker reserves the right to amend these rules at any time. We may also create rules which will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.

Copyright ©2015 HeroPoker. All rights reserved.

HeroPoker can be contacted by sending an e-mail to legal@HeroPoker.net