ACTION POKER GAMING INC., parent company for Super Affiliates

Terms & Conditions Agreement
Terms & Conditions
Purpose of Agreement
Declarations by PLAYER
Declarations by APG
Rules and Instructions
Telecommunication Service Provider
Copyrights/Trademarks
Termination
Applicable Law/Jurisdiction

Terms & Conditions Agreement

ACTION POKER GAMING INC. and all affiliated companies (hereinafter referred to as "APG") are fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Interactive Gaming. APG is the owner and/or operator of the poker card room which consists of Multi-player Interactive Poker Games on the Internet (hereinafter referred to as "CARD ROOM"). Such gambling on the internet, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and read carefully our terms and conditions.

Terms & Conditions

By playing at the CARD ROOM, and provided that you (the "PLAYER") are 18 years old or more, you will be deemed to have manifested your consent to enter into the following Agreement with APG and to accept its terms and conditions, which have been accepted by APG. Please read the Agreement carefully, consult legal counsel in your jurisdiction if you have any doubts about your rights and obligations, and keep a copy for your records.

Purpose of Agreement

The purpose of this Agreement is to regulate the legal relationship between APG and the PLAYER once the PLAYER starts using CARD ROOM for real money wagering on the Internet.

Declarations by PLAYER

PLAYER declares and warrants that:

The PLAYER is at least 18 years of age or older.
All PLAYER'S details contained in the Registration Form submitted to CARD ROOM are true and correct.
The PLAYER does not find CARD ROOM or its Website to be offensive, objectionable, unfair, or indecent.
The PLAYER will participate in the Poker Games offered by CARD ROOM to gamble on the Internet for his/her own private personal use only and not for any business use, or use by others. To the best of his/her knowledge, The PLAYER is not contravening any laws of his/her home jurisdiction by gambling on the Internet on the Poker Games offered by CARD ROOM.
The PLAYER shall hold APG, its employees, officers, directors, licensees, distributors, partners, shareholders, affiliates, contractors, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of the PLAYER'S

a) entry, use, or reuse of the CARD ROOM Web Site,

b) use of any materials at the CARD ROOM Web Site,

c) entry, use, or reuse of the Cardroom Server,

d) participation in the Poker Games offered by CARD ROOM, or, the acceptance of any Prize.

The PLAYER shall not participate in the Poker Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the Cardroom, nor accept any Prize if the PLAYER is an officer, director, employee, consultant or agent of the Company, umbrella companies, suppliers or vendors (each aforementioned individual is deemed an "Unauthorized Person"). Unauthorized Persons are not permitted to register with APG or any affiliated organization or to participate directly or indirectly in any of the Games. Similarly, APG reserve the right to prohibit relatives of Unauthorized Persons from registering with APG or any affiliated organization or from participating directly or indirectly in any of the Games. For these purposes, the term "relative" includes (but is not limited to) spouse, partner, parent, child or sibling.
The PLAYER is fully aware that there exists a risk of losing money when gambling on the Internet through the participation in the Poker Games offered by CARD ROOM. The PLAYER accepts all such risks and agrees not to hold APG responsible for any loss of money by the PLAYER.
The source of the funds used by the PLAYER for gambling on the internet through the participation in the Poker Games offered by CARD ROOM is not illegal.
The PLAYER is fully aware that abusive or offensive language will not be tolerated on the chat boards, in the games, or otherwise expressed by the PLAYER in the CARD ROOM or with APG staff. Any violation of this policy will result in a suspension of chat and/or playing privileges or such other action as may be reasonably required by APG to ensure compliance including possible termination of the PLAYER's Account. In addition, the PLAYER is not entitled to make untrue and/or malicious and/or damaging comments with regard to APG's operation in any media or forum.
The PLAYER shall periodically review these Terms and Conditions posted at APG Web Sites at a rate of not less than once every month.
The PLAYER shall not participate in the Poker Games offered by the CARD ROOM, open, use or reuse an account, enter the Web Site, or the Cardroom, nor accept any Prize if the PLAYER does not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time.
The PLAYER fully understands that all rules, regulations, and payoffs contained herein are subject to change and revision by APG without prior written notice.
The PLAYER fully understands and agrees that the PLAYER is solely responsible for his/her account transactions and should keep his/her account information confidential. Should a PLAYER give away, share or lose his/her account number and/or password, APG will not be held liable for any claims regarding that account.
The PLAYER accepts that "Demo Money" ("Play Money") funds have no value in and of themselves and are not transferable and exchangeable within an account and are not redeemable for any 'real' currency or prize.

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Declarations by APG

APG declares and warrants that:

APG, an International Business Corporation incorporated under the laws of Antigua and Barbuda, West Indies, is fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Internet Gaming.
APG'S operation of the CARD ROOM is directed only towards PLAYERS who by the laws of their home jurisdiction are not prohibited from gambling on the Internet. APG carries no intent to enable a PLAYER to participate in the Poker Games offered by the CARD ROOM on the Internet in contravention of any law in the PLAYER'S home jurisdiction.
All Poker Games comply with clearly set rules and, where applicable, are as close as possible to Las Vegas rules. All rules are designed to be fair, and all rules for all Poker Games offered by the CARD ROOM are clearly laid out for the PLAYER to view at any time.
APG has made every reasonable effort to ensure that all passwords and PLAYER names employed by the PLAYER are thoroughly secure against third party access.
To maintain a high level of security and integrity in the system, APG reserves the right to conduct a security review at any time to validate PLAYER's identity, age, the registration data provided by the PLAYER and to verify the PLAYER's playing of the Games and the PLAYER's financial transactions for potential breach of this Agreement and of applicable law. As such the PLAYER authorises APG and/or its agents to make any inquiries of the PLAYER and for APG and /or its agents to use and disclose to any third party what APG considers necessary to validate the information the PLAYER provides to APG or should provide to APG in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, the PLAYER agrees to provide such information or documentation as APG, in its unrestricted discretion, may request.

Rules and Instructions

PLAYERS who participate in the Poker Games offered by the CARD ROOM, shall do so exclusively in accordance with, and governed by, APG'S rules and instructions as detailed on the Internet Web Site of the CARD ROOM from time to time, including, without limitation, in respect of the gambling methods, playing rules, payment procedures, and payoffs of winnings.

Telecommunication Service Provider

APG shall not, in any way, be responsible for any acts or omissions made by the PLAYER'S Telecommunication Service Provider ("TSP") with which the PLAYER has contracted to give access to CARD ROOM, and APG shall not be a party to any dispute between the PLAYER and TSP, nor shall any such dispute have any effect on the obligations of the PLAYER under this Agreement.

Copyrights/Trademarks

The PLAYER undertakes to respect all applicable copyrights and/or trademarks related to APG'S operating of the CARD ROOM, and to exercise all necessary prudence in the use of all security measures.

Termination

The PLAYER may terminate this Agreement by notifying APG in writing at any time, provided the PLAYER owes no money to APG for any reason whatsoever.
APG reserves the right to terminate the PLAYER'S membership, at any time and for any reason, at its sole discretion, and in particular in case of any activity that may harm APG, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM.

Members may appeal any decision made by APG during a period of three months from the date of the last communication with APG regarding the case. After this period the case will be considered closed and will not be reopened by any authority/tribunal.
Upon termination by the PLAYER or APG as above, APG shall refund the PLAYER any funds which may be in the PLAYER'S account over and above any amount which may be owing to APG (if any). If account is terminated due to any activity that may harm APG, the CARD ROOM and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM, refund shall not exceed the initial deposit made by the PLAYER.
Termination by the PLAYER or APG as above shall be without prejudice to recovery by either party of any amount legally due by the other party in virtue of this Agreement.
Should the PLAYER fails to use his or her account for six months, the PLAYER's account will be considered a dormant account. The six-month period will run from the date of the PLAYER's last login to his or her account. The provisions of this Clause will only apply if all of the PLAYER's Real Money Accounts at the Action Poker Gaming member CARD ROOMs and/or Casinos constitute Dormant Accounts. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the CARD ROOM's and/or Casino's sole and unrestricted discretion, be handled by the CARD ROOM and/or Casino as follows: An administration fee equivalent to 5% or $2, whichever is higher, of such credit balance shall be levied monthly thereon and deducted there from until the earlier of:

a) The credit balance being reduced to zero; or

b) The Dormant Account becoming active.

APG has the right to hold any and all of a PLAYER's funds indefinitely if it is found, determined at the sole discretion of APG, that the player has been involved in fraudulent activity in the CARD ROOM. Fraudulent activity may include, but is not limited to, stolen credit cards, unlawful transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information.

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Applicable Law/Jurisdiction

This Agreement, the interpretation and execution thereof, and the relationship between the parties, shall be governed by, and construed in accordance with, the laws of Antigua and Barbuda.

Any claim or dispute arising either directly or indirectly out of this Agreement, shall be brought before the competent court of the country of Antigua and Barbuda, West Indies, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, APG shall have the right to institute any legal proceedings against the PLAYER before the competent court in the PLAYER'S home jurisdiction or elsewhere.

THIS AGREEMENT IS DEEMED ACCEPTED AND SIGNED

ACTION POKER GAMING INC.

AND BY

THE PLAYER

AS INDICATED IN THE INTRODUCTORY PARAGRAPH ABOVE UNDER THE HEADING "TERMS AND CONDITIONS", ON THE DATE ON WHICH THE PLAYER FIRST STARTED PLAYING MULTI-PLAYER POKER GAMES OFFERED BY THE CARD ROOM ON THE INTERNET.

SOFTWARE END USER LICENSE AGREEMENT

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NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"). INSTALLATION OR USE OF THE ENCLOSED ACTION POKER GAMING INC. SOFTWARE ON YOUR COMPUTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU ("USER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. THIS AGREEMENT GOVERNS THE ACTION POKER GAMING INC. SERVER ("SERVER"), THE ACTION POKER GAMING INC. CLIENT ("CLIENT"), ALL INTELLECTUAL PROPERTY CONTAINED THEREIN (COLLECTIVELY, THE "SOFTWARE") AND THE FOLLOWING TERMS AND CONDITIONS.

The Server software runs from a remote computer owned and operated by Action Poker Gaming Inc. You ("User") will not have access to the Server software, except through the means provided via the operation of the Client software. The Client software will be made available to the user, under the terms outlined in this agreement. The User will identify himself/herself to the software via a unique Player ID ("Player ID") and unique and secret password ("Password") known only to the User.

Both the Client and the Server are protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF LICENSE: Action Poker Gaming Inc. grants the User the right to install and run the Client software on any computer for which it was designed. The User may only use the software to connect to the Action Poker Gaming Inc. Servers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: The User may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way.

3. NO WARRANTIES: Action Poker Gaming Inc. expressly disclaims any warranty for the Server software and the Client software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU, THE END USER.

4. LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall Action Poker Gaming Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of either the Server or Client software.

5. SECURITY: The User agrees that he/she is solely responsible for all use of Action Poker Gaming Inc. software through his/her User ID and Password. The User is obliged to keep his/her User ID and Password secret and confidential. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be the responsibility of the User.

6. PERSONAL USE: Commercial use of the Software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. The User agrees that his/her use of the Software is in a personal (and not professional) capacity. Before the User participates at Action Poker Gaming Inc., he/she is responsible to verify the laws on gambling which govern the place where the Software is used to determine restrictions and act in accordance with those restrictions. The User agrees he/she has reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater.

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

8. TERMINATION. Without prejudice to any other rights, Action Poker Gaming Inc. may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all of your copies of the software.

Action Poker Gaming Inc. reserves the right to change the license agreement and the terms and conditions from time to time. This license is governed by the laws of the country of Antigua and Barbuda.

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More information is available at www.actionpokernetwork.com

Action Poker Gaming Inc. can be contacted by email at