Terms and Conditions

***PLEASE NOTE: WE DO NOT ACCEPT US PLAYERS FOR REAL MONEY GAMES***

These terms and conditions constitute a legally binding agreement ("Agreement") between you, the end user, and TheOnlyPoker.com and each of its officers, directors, agents, employees, consultants, suppliers, vendors and affiliates (collectively, "the Company"). Please note that the Software, as defined below, is not for use by individuals under 18 years of age or under the legal age of majority in their jurisdiction (whichever the greater).

1. Applicability of Terms and Conditions.

By clicking on the "Accept," "Continue," or "I Agree" button or by accessing, using or installing any part of the software, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds & prizes and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to clicking on the "Accept" or "Continue" button.

2. Registration and the Games.

To play at TheOnlyPoker.com, you will need to first 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 at TheOnlyPoker.com, you will be able to access play money games and tournaments ("Play Money Games") and Real Money games and ("RM Games") and tournaments, collectively the TheOnlyPoker.com games ("Games"). You agree to provide such forms of proof of identification and age as requested by the Company to verify the validity of user profile and payment information.
By registering at TheOnlyPoker.com, you will be able to access Play Money games ("PM Games") and Real Money games ("RM Games") as well as tournaments, collectively the TheOnlyPoker.com games ("Games"). You agree to provide verification forms and documents as proof of identification, age and the validity of user profile and payment information, as requested by the Company.

3. Rules and Procedures of the Games.

The Games will be played pursuant to generally accepted poker rules and procedures posted on the website www.TheOnlyPoker.com/poker-rules/.

4. Limited Use.

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 your account. TheOnlyPoker.com enforces a one account per player policy. No purchase is necessary or required to play the Games. You may play without betting any 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 TheOnlyPoker.com to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of TheOnlyPoker.com is strictly prohibited. Without limiting the forgoing, purchase or sale of any Bonus Chips, or TOP reward points is strictly prohibited.

5. Legality of Participation in Games.

You may only participate in the Games if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting to TheOnlyPoker.com. You understand and accept that the Company 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 complete legal right to play the Games. Participation in the Games is void for whomever and/or wherever prohibited by law. The Games are intended for adults only. Minors are prohibited from playing.

6. No Company Employees or Affiliate Company in Real Money Chip Games.

If you are an officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or suppliers or vendors, you are not permitted to retain any winnings from participation in Real Money Chip Games.

7. Copyrights and Trademarks.

The terms 'TheOnlyPoker.com', 'TheOnlyPoker Rewards Points', 'TOP Points', are the trademarks, service marks and/or trade names of the Company. Further, all material on TheOnlyPoker.com, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games belong to the Company and are protected by copyright law. You obtain no right to use such terms, graphics, text, concepts or methodologies, by using TheOnlyPoker.com and the materials contained therein and/or herein.

8. Software.

You may install and use the computer programs ("Software") available from TheOnlyPoker.com on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for your own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which you are the primary user. The Software is owned by the Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of the Company and its licensors. The Software is protected by copyright law and international treaty provisions, and you obtain no rights to the Software except to use it in accordance with this Agreement. You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by the Company solely for the purpose of enabling end users of the Software to fully utilize the Games. You may use the Software for online play only on the Company's servers. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others, except for online play on the Company's servers. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

9. Security Checks

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 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 and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.

10. Disclosure to Third Parties.

Members are solely responsible for the security of their account passwords. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. TheOnlyPoker.com and its representatives will never ask any member to divulge his or her account password. TheOnlyPoker.com will never require members to divulge their password through any form of correspondence, including chat or e-mail, or by entering their password on the www.TheOnlyPoker.com website. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and/or 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, and you will not be refunded any resulting losses at TheOnlyPoker.com, regardless of whether or not the third party had your consent. You accept full responsibility for any such disclosure of account information and any resulting account access, usage and any outcome from participation in the Games. The Company shall not be required to maintain Account Names or passwords if you misplace, forget, lose, or are otherwise unable to enter TheOnlyPoker.com because of anything other than the Company's error.

11. Bonus Money and TOP Reward Points.

Complimentary bonus money, TOP Points or bonus amounts credited by the Company into your Account for promotional purposes may only be used to play in the Games. TOP Points are separate from the Bonus Money Account. TOP Points may be redeemed for products, services, and feature tournaments where TOP points are accepted/used to buy tournament chips as notified from time to time on TheOnlyPoker.com.

12. Suspension, Modification, Removal, Cancellation and Addition of Games.

The Company reserves the right to suspend, modify, remove, cancel and/or add any Game (including, without limitation, tournaments) in its sole discretion and without notice. In the event of such suspension, modification, removal, cancellation or addition of any Game for any reason, the Company will not be liable to award any prizes, but it may do so in accordance with any criteria it picks at its discretion.

13. Abusive or Offensive Language and Chat in English Only.

Abusive or offensive language will not be tolerated in the multi-player Games or with the Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. We realize that for many of our international customers, English may not be their first language. However until we are able to effectively moderate additional languages, our current policy at TheOnlyPoker.com is for English-only when games are in session.

14. No solicitation.

Commercial solicitation of any kind will not be tolerated in Table Chat or User Profiles. Any violation of this policy will result in a suspension of chat privileges or such other action as may be required by the Company to ensure compliance.

15. Confidentiality and Privacy Principles.

The Company is committed to protecting your personal information and respecting your privacy in accordance with best business practices. By disclosing your personal information to the Company, you consent to the collection, storage, transfer and processing of your personal information for the purpose of completing your Account related transactions and for the Company's internal administration and analysis. Further, to provide you with better service, the Company will collect information from you through various technologies, including the use of cookies, and may inform you of changes, new services and promotions that the Company determines you may find interesting. Moreover, the Company has the right to access and disclose your information as necessary to properly operate the Company systems, protect the Company and other end users, and to comply with any regulatory or governmental requests. Because of the complex and constantly changing nature of our technology and business, the Company does not guarantee error-free performance regarding the privacy of your personally identifiable information and the Company shall not be liable for any incidental, consequential or punitive damages relating to the use or release thereof. By accepting any prize and/or winnings from the Company, you consent to the use of your name and/or likeness for advertising and promotional purposes without additional compensation except where prohibited by law.

16. Forfeiture, Account Closure and Confiscation.

The Company reserves the right, in its unfettered discretion, to void any winnings. confiscate any balance in your Account (as well as any other Company related account), suspend your account, or ban your from the site, in any of the following circumstances:
i) If you have more than one active account at TheOnlyPoker.com;
ii) 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 TheOnlyPoker.com;
iii) If you participate in a TheOnlyPoker.com promotion and withdraw before fulfilling the requirements of that particular promotion;
iv) If you provide incorrect or misleading registration information;
v) If you are not of legal age to play the Games in the jurisdiction from which you connect to TheOnlyPoker.com;
vi) If you connect from a jurisdiction where participation in the Games is prohibited by law;
vii) If you sell, purchase, offer for sale or offer to purchase chips, TOP Points, or opportunity to win prizes;
viii) If you are found cheating (including, without limitation, dumping of TOP Points) 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 the system;
ix) If you fail to comply with any of the terms and conditions set forth in this Agreement; OR if the Company should become aware that you have played at any other online gaming site under any of the circumstances described in section i) to section ix) above.

17. Disclosure of Fraudulent Activities.

If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Games, TheOnlyPoker.com or the Company in any way including but not limited to game manipulation and sale of TOP Points, or if you make untrue and/or malicious comments with regard to the Company's operation, the Company reserves the right to publicize your actions together with your identity and email address, as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Further, the Company may close any accounts, and forfeit account balances, that you have at TheOnlyPoker.com or at any other Company website, and/or business.

18. Indemnity.

You agree to hold the Company, its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your entry, use, or reuse of TheOnlyPoker.com participation in the Games, or breach of any of the terms and conditions of this Agreement.

19. NO WARRANTIES AND LIMITED LIABILITY.

YOUR ACCESS TO THEONLYPOKER.COM, 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 NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THEONLYPOKER.COM, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF THEONLYPOKER.COM, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THEONLYPOKER.COM, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS THEONLYPOKER.COM. 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 , THEONLYPOKER.COM 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.

20. Settlement of Disputes.

The TheOnlyPoker "Dealer" is a computer using a random number generator, which provides absolutely random results. You fully accept and agree that the 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 gaming server, the result showing on the gaming server shall be the official and governing result of the Game. Moreover, you understand and agree that TheOnlyPoker.com and the 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.

21. Notices.

If you have any dispute with regard to any outcome in the Games or other activity at TheOnlyPoker.com, you must submit your complaint to the Company in writing within fourteen (14) days of the incident in concern by email to support@TheOnlyPoker.com.

22. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of Costa Rica without giving effect to conflicts of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

23. 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 at TheOnlyPoker.com. 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.

This Agreement supersedes and replaces all prior versions of this Agreement.

TheOnlyPoker.com is a trade mark of TOP ENTERPRISES GROUP INC. S.A. with legal address at : San Rafael del Peaje de la autopista Próspero Fernández, Seiscientos Metros Oeste, Edificio Fuentecantos 2nd. Floor - San José – Costa Rica

Version 1.6 dated Mar 15, 2012.

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