PokerProsNetwork Online Software Terms of Service

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of PokerProsNetwork' service or products. Please note that the Agreement constitutes a legally binding agreement between you and BMCK Network Ltd  (referred to herein as "PokerProsNetwork", "us" or "we") which owns and operates the Internet site found at www.pokerprosnetwork.net (the "Site"). In addition to the terms and conditions of this Agreement, please review our Privacy Policy and the How to Play Poker, as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

By clicking the "I Agree" button as part of the software installation process and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, the Privacy Policy and the How to Play Poker as each may be updated or modified from time to time in accordance with the provisions below and therein.

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1. Subject to the terms and conditions contained herein PokerProsNetwork grants the User a non-exclusive, personal, non-transferable right to install and use the PokerProsNetwork poker software ("Software") in order to access the PokerProsNetwork servers and play the "play for free"/"play money" poker games (the "Games") available (the Software and Games together being the "Service").

1.2. The Software is licensed to you by PokerProsNetwork for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. PokerProsNetwork is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter.

1.3. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.

1.4.The Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:

(each of the above is an "Unauthorised Use").

You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify PokerProsNetwork immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide PokerProsNetwork with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5. The terms "PokerProsNetwork", and any other trade marks, service marks and/or trade names used by PokerProsNetwork on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of PokerProsNetwork or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to PokerProsNetwork or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without PokerProsNetwork' prior written consent.

2. NO WARRANTIES

2.1. PokerProsNetwork disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.

2.3. PokerProsNetwork reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by PokerProsNetwork in this regard.

3. AUTHORITY

 PokerProsNetwork retains authority over the issuing, maintenance, and closing of Users' accounts at PokerProsNetwork. The decision of PokerProsNetwork' management, as regards any aspect of a User's account, use of the Service or dispute resolution, is final and shall not be open to review or appeal.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1. You agree that your use of the Service is at your sole option, discretion and risk.

4.2. You agree that you are required to provide us with certain personal details about yourself for the purpose of using the Service. Our control of the information provided by you shall be subject to our Privacy Policy.

4.3. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.

4.4. You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your playing the Games.

5. PROHIBITED USES

5.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

5.2. PERSONAL USE. The Service is intended solely for the User's personal use and entertainment and not for money. The User must provide full and truthful information in respect of all details and information provided by the User to PokerProsNetwork and the User is obligated to update such details in the event of any change thereto. A User may only have one account with PokerProsNetwork and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his account.

5.3. COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. PokerProsNetwork reserves the right, in addition to other measures, to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament . In addition, PokerProsNetwork reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly PokerProsNetwork shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

5.4. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). PokerProsNetwork prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. PokerProsNetwork defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). PokerProsNetwork defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.

5.5. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.

5.6. You agree that PokerProsNetwork may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the PokerProsNetwork Software on the User's computer.

5.7. CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who chip-dumps or attempts to chip-dump with any other User while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances PokerProsNetwork will be under no obligation to return or credit to you any chips that may be in your PokerProsNetwork account at such time

5.8. FRAUDULENT BEHAVIOR. In the event that PokerProsNetwork deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, PokerProsNetwork shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, seizing all chips held in the User's PokerProsNetwork account, terminating such User's account with PokerProsNetwork and/or taking legal action against such User.

6. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service using the chat option, the player images option or in correspondence with PokerProsNetwork' staff.

When using the chat option offered to Users via the Service, Users are prohibited from making any statements which promote any service or product of any party except PokerProsNetwork. Further, Users shall not make statements about PokerProsNetwork or the Service that are untrue or would reasonably be considered to be derogatory or critical.

7. BREACH

7.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, PokerProsNetwork reserves the right to take such action as it sees fit, including terminating this Agreement, including immediately blocking access to the Service to such User, terminating such User's account with PokerProsNetwork and/or taking legal action against such User.

7.2. You agree to fully indemnify, defend and hold harmless PokerProsNetwork and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

8. LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall PokerProsNetwork be liable for any special, incidental, direct, 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 the Service even if PokerProsNetwork had prior knowledge of the possibility of such damages.

9. SECURITY AND YOUR ACCOUNT

9.1. Each User account shall be accessible through the use of a combination of a unique User ID ("User ID"), a unique and secret password ("Password"), and an optional numeric ("Secure ID") (the User ID, Password and Secure ID together being referred to as the "Login Credentials").  The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto. If a Secure ID is associated with a User account, this Secure ID will be selected at random by the Service.

9.2. The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever.

9.3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

9.4. You will not be able to place any bets (with play money) using the Service in an amount greater than the total amount of play money in your PokerProsNetwork account.

9.5. PokerProsNetwork reserves the right to run identity checks on a User, with third party services, using the information provided to us by a User on registration with the Service.

10. OTHER

This product includes software developed by the Openlot

11. DISPUTES

The User accepts that the results of each game shall be as awarded at the tables on the Service and will not be adjusted or overturned.

12. AMENDMENT

PokerProsNetwork reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.

13. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Curacao. Each party irrevocably agrees that the relevant courts of Curacao shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

14. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that 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.

15. ASSIGNMENT

PokerProsNetwork reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

16. MISCELLANEOUS

16.1. No waiver by PokerProsNetwork of any breach of any provision of this Agreement (including the failure of PokerProsNetwork to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

16.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.

16.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

16.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

16.5. The User must provide full and truthful information in respect of all details and information requested by PokerProsNetwork in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

16.6. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.