Terms of Use

Last Updated: June 23, 2021

This is a legally binding agreement between you and Z4Poker, LLC, operating under the brand name HD Poker (“HD Poker” or “us” or “we”). The terms of this agreement govern the relationship between you and HD Poker, regarding your use of our social or “free-to-play” games and related services, which includes applications for mobile devices, applications for social networking websites, HDPoker.com and other HD Poker branded websites (collectively, the “Services”). By accessing or using the Services, you agree to be bound by this agreement. You further agree that you have carefully read, understand, and accept the terms of this agreement by your use and continued use of the Services.

Terms of Use & Updates

In addition to this agreement, your use of the Services is also governed by HD Poker’s Privacy Policy, house rules, individual game rules, and all other HD Poker policies relating to the Services, all of which are incorporated herein by reference and, together with this agreement, are collectively referred to herein as the “Terms of Use” or the “Terms.” You understand and agree that by accessing or using the Services, you agree to be bound by these Terms, which includes the collection, use and storage of your personal information as set forth in greater detail in our Privacy Policy.

HD Poker reserves the right to amend, modify or add to the Terms of Use at any time in any way, and you agree to be bound by all amendments, modifications, or additions. The amended Terms of Use will be available at www.hdpoker.com or in the Services. You will be deemed to have accepted such changes to the Terms by continuing to use the Services after a change or update has been made. If at any point you do not agree to any portion of the then-current version of the Terms of Use, your license to use the Services will immediately terminate and you must stop using or accessing the Services.

You may not modify these Terms except in a writing hand signed by both you and HD Poker. For purposes of the Terms, “writing” includes an e-mail message from you and a return e-mail from an authorized representative of HD Poker.

Limited License to Use the Services

Subject to your continued compliance with these Terms of Use, HD Poker grants to you a non-exclusive, personal, non-transferable and revocable limited license to access and use the Services, through a web browser or a mobile device that you own or control, solely for your own non-commercial entertainment purposes only.

We expressly reserve the right to deny anyone access to the Services at any time. You agree that HD Poker may cease providing the Services or change the nature or content of the Services at any time or for any reason with or without notice to you.

Accessing the Services

By accessing or using the Services, you accept and agree to these Terms of Use. In order to access and use the Services, you may be required to register an account on the Services (an "Account"), have a valid account on the social networking website through which you connect to the Services, if any, or have an account with the applications provider for your mobile device.

By accessing or using the Services, you also represent and warrant that you are not prohibited from receiving products of U.S. origin, including services or software.

The Services are intended for those that are at least 18 years old. Without diminishing the forgoing, to access or use the Services, you must be a natural person, at least 18 years of age or older to access or use the Services. At our sole discretion, we may require proof that you meet these conditions. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Goods and Currency acquired through your use of the Services.

You also acknowledge and agree that: (a) you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, if applicable, and (b) you are responsible for any third-party fees, including internet connection or mobile fees that you incur when accessing the Services.

Accessing and using the Services is void wherever prohibited by applicable law. You accept sole responsibility for determining whether your use of the Services is legal in the jurisdiction where you are located when using the Services.

Privacy Collection Notice

We collect personal information about you in order to provide the Services to you and for purposes otherwise set out in our Privacy Policy. We may disclose that personal information to third parties that help us deliver the Services, such as payment processors or as required by law. These third parties are usually located in the USA. If you do not provide this information, we may not be able to provide the Services to you. Your personal information will be stored on servers in the USA.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like further information about our privacy practices and procedures, please conduct us at [email protected].

Using the Services

By using or accessing the Services, you agree to the following restrictions:

• You will not use your Account or the Services to sell, offer to sell, advertise, market, promote, or otherwise attempt to sell goods or services of any kind.
• You will not publish, transmit, post, upload, disseminate or otherwise distribute Content that is pornographic, obscene, indecent, sexually explicit, vulgar or otherwise objectionable.
• You will not defame, threaten, harass, embarrass, abuse or otherwise offend anyone with racist or otherwise offensive statements.
• You will not use the Services to invade anyone else’s right to privacy or publicity including, but not limited to disseminating another player’s personal information.
• You will not use your Account or the Services to engage in any illegal conduct or violate and/or promote the violation of any applicable federal, state or local law or regulation.
• You will not use the Services or your Account for any fraudulent activity and/or fraudulent transaction of any kind.
• You cannot create an Account or access the Services if you are under the age of 18.
• You will monitor your Account to restrict use by any third person, especially minors, and you will deny access to anyone under the age of eighteen (18). You accept full responsibility for any unauthorized use of the Services by minors in connection with your Account. You are responsible for any use of your credit card or other Payment Account information by others accessing your Account.
• You will not have more than one Account, at any given time, and will not create an Account using a false identity or information, or on behalf of someone other than yourself.
• You will not create an Account or use the Services if you have previously been removed by HD Poker or previously been banned from playing any HD Poker game.
• You shall not use the Services if you are located in a country embargoed by the United States or where use of the Services is prohibited by applicable law, or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
• You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Goods and Currency associated with your Account to anyone without HD Poker’s prior written permission.
• You will not use the Services to infringe the intellectual property rights of any other person or entity by publishing, uploading, transmitting, distributing or otherwise making available any content or information that infringes any copyright, trade mark, patent, trade secret, privacy, publicity or any other proprietary right of any other party.
• You will not cheat or use, create or publish automation software programs, “bots,” “macros” or other cheat utilities or applications designed to modify the Services in order to cheat or to impede fair play of our games.
• If you access the Services through a social networking website, you will comply with its terms of service/use as well as these Terms of Use.
• If you access the Services through a mobile device, you will comply with your mobile application provider’s terms of service/use as well as these Terms of Use.

House Rules

• Collusion. We do not tolerate collusive activity of any kind. In general, this means that two or more players may not share information or engage in any activity together that is intended to create an advantage over other players at the table. This includes, but is not limited to disclosing cards you are holding or have folded while the same hand remains in-progress, or providing playing strategy to other players involved in live hands.
• Soft-playing. Players may not engage in soft-playing, which includes: not betting the full strength of your hand due to a personal or financial relationship with someone else involved in the hand and/or checking the best possible hand when last to act in a pot.
• Speed of Play. You cannot intentionally slow down play. If, for any reason, you do not act within the time allotted, your play will time out, your hand will fold, and your action placed on auto-fold until you return to the game. You will be removed from a table if you remain idle for more than TWO minutes.
• Multi-Accounting. Players may only create and have one, single Account. Multi-Accounting is expressly prohibited, which includes using anyone else’s Account for any reason, allowing others to use your Account, and/or having access or influence over more than one Account at the same table or tournament at the same time.
• No Bots. Bots, automated playing software or devices may not be used at any time.
• Third Party Software. Third party software of any kind that provides analysis and/or insight into other players’ hand history or habits is not permitted, unless approved by HD Poker. Any and all approved third-party software will be listed on our website.
• Connectivity. You are solely responsible for the stability of your internet connection to HD Poker’s servers, and HD Poker is not responsible for disruptions in play caused by your connection.
• Fairness. All games on HD Poker use a standard 52-card deck and are dealt to players fairly according to a random number generator. No players are favored over others under any circumstances or for any reason.
• Engaging with Other Players. All chat must be in English, so that all players may be reasonably sure there is no collusion occurring against them. Players may not use the chat features to:
  • Make abusive, sexist, racist, or otherwise offensive statements.
  • Advertise or promote other products, services and/or websites.
  • Display personal or sensitive Account information about yourself or any other player.
  • Claim that you are a representative of HD Poker.

In the event that HD Poker has determined that you have violated any of our House Rules or acted unethically in a manner not defined specifically above, we reserve the right to suspend or ban you from play. When disputes occur, the decisions made by HD Poker management will be final.

HD Poker’s Right to Terminate the Services

HD Poker reserves the right to cancel, suspend or terminate your Account and/or use of the Services at any time for any lawful reason, and we also reserve the right to immediately terminate or suspend your Account and/or use of the Services for violation of these Terms. If your Account and/or use of the Services is cancelled, suspended or terminated, you will not be guaranteed a refund nor reimbursement for any loss including, but not limited to, in-game currency, chips, points, Facebook Credits, and/or other virtual goods and items. In the event your Account is terminated, you will immediately cease all access to and use of the Services. We may revoke any passwords and/or Account identification which has been issued to you and deny you access to the Services. Any action of this nature shall not affect your prior rights and obligations.

Virtual Goods and Currency

The Services may include the use and/or accumulation of: (a) virtual in-game currency, including but not limited to virtual coins, cash, gold, gems, chips, tokens; and (b) virtual in-game items, including but not limited to points, standings, rankings, ratings, tables, themes, avatars, or any other digital items or other attributes appearing in, originating from or related to the Services (together with virtual currency, “Virtual Goods and Currency”). Virtual Goods and Currency may be “earned” in a game or “purchased” from HD Poker for real world currency if you are an adult of legal age in your resident country.

HD Poker hereby grants to you a limited, personal, revocable, non-transferable, license to use Virtual Goods and Currency in the Services, with no right to sub-license. You explicitly agree that: (a) you do not “own” any Virtual Goods and Currency; (b) you have no right or title in or to any Virtual Goods and Currency or anything else related to the Services; and (c) the amounts of any Virtual Goods and Currency associated with your account are not a credit balance of any real-world currency or other item of value.

The redemption, sale, gifting, or any other transfer of Virtual Goods and Currency for real world currency or other items of “real world” value is strictly prohibited if deemed unlawful in your jurisdiction. Accordingly, you may not sublicense, exchange, trade, gift, transfer, sell or attempt to sell Virtual Goods and Currency for real world currency or other items of “real world” value, outside of a game and without HD Poker’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Any purchase of Virtual Goods and Currency by you is final, and, to the extent permitted by law, no refunds or reimbursements will be given. HD Poker has the right to control, change, and/or eliminate any Virtual Goods and Currency or anything else related to the Services at its sole discretion, and without liability to you. If your account and/or use of the Services is suspended or terminated, or if we permanently discontinue the Services, then all of your Virtual Goods and Currency will be immediately forfeited without reimbursement. If we modify or make any changes to the Services, then all or some of your Virtual Goods and Currency may be modified, changed, eliminated, or forfeited in accordance with the laws of the relevant jurisdiction.

Ownership of Intellectual Property

HD Poker is the sole and exclusive owner or licensee of all intellectual property rights related to the Services including, but not limited to, all copyright, patent, trade mark, trade secret, and any other intellectual property rights in the Services. These intellectual property rights include, without limitation, all games, programs, tools, source codes, object codes, content, files, updates, modifications, derivative works, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, user accounts, passwords, virtual currency, virtual goods, concepts, technology, architecture, logic, structure, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international intellectual property laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without the prior written consent of HD Poker.

HD Poker reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

Ownership of Content

As used in these Terms, “Content” means and includes all code, software, technology, communications, text, data, design and appearance of the Services, including without limitation all images, pictures, video, sounds, music, and all audio-visual, or other material appearing on, published within or deriving from the Services, whether provided by HD Poker, third parties, or by you. The term “Content” also means and includes user-generated content, which includes without limitation, Accounts, characters created, Virtual Goods and Currency acquired, earned, and/or developed as a result of game play, as well as any feedback, comments, or suggestions you may provide regarding the Services and all information regarding your use of the Services and all chat and forum posts.

By using the Services, you acknowledge and agree that you have no ownership or other property interest in your Account or Content, and that all Content is the sole and exclusive property of HD Poker, which we may be used by HD Poker (and/or our partners, distributors, affiliates, and licensors and licensees) for any purpose, including without limitation, commercial or promotional use.

You acknowledge and agree that you may not upload, or otherwise publish on or through the Services, any Content that infringes the intellectual property rights of anyone else.

Assignment of Content

If, under applicable law, you are deemed to have retained any right, title or interest in or to any portion of the Content, you agree to and do hereby assign all of your right, title and interest in and to such Content solely and exclusively to HD Poker, under applicable patent, copyright, trade secret, trade mark and other similar laws or rights, in perpetuity and without additional consideration. If such assignment is ineffective under applicable law, you hereby grant a perpetual and irrevocable, exclusive, worldwide, fully-paid up and royalty-free license to HD Poker, including the right to assign, transfer, or sublicense to third parties, and the right to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use such Content in any way seen fit by HD Poker. You hereby waive any moral rights or rights of publicity or privacy you may have in any such Content to the fullest extent permitted by applicable laws. In jurisdictions where your moral rights are unable to be assigned or waived, you also consent to HD Poker’s use of the Content in any manner which would otherwise, except for your consent, infringe your moral rights.

No Content Screening

You are entirely responsible for all Content you post or otherwise transmit via the Services.

To the maximum extent permitted by law, HD Poker assumes no liability or responsibility for Content that is generated by users of the Services, assumes no responsibility for any failure to or delay in removing user-generated Content, assumes no responsibility for the conduct of any user submitting any Content, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct. If you encounter something within the Services that you find objectionable and/or in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it to our customer support team.

We do not monitor or screen all Content and do not assume any obligation to do so. If we choose at any time, in our sole discretion, to monitor or screen user generated Content, we have the right, in our sole discretion, to edit, refuse to post, or remove any user generated Content and we may monitor and/or record your interaction with the Services or communications (including without limitation chat text and voice communications) when you are using the Services. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording, and your use of the Services signifies your acknowledgment that you have no expectation of privacy in any of the Content.

Disclosure

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information by law (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of HD Poker or to enforce these Terms. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

Accounts, Passwords and Security

You are responsible for any and all transactions and activities that occur under or in connection with your Account. Any person who identifies him or herself by entering your username and password is assumed by us to be you and all transactions where that username and password have been entered correctly will be regarded as valid. From time to time, we may ask you for additional information, such as name, birth date, contact information and payment information, which we will treat in accordance with the HD Poker Privacy Policy.

You may not transfer or otherwise make your Account available to others, and you may not use anyone else’s Account at any time. If you distribute your Account or related information, HD Poker reserves all rights to terminate your Account immediately and without refund or reimbursement of any kind.

You are responsible for maintaining the confidentiality of your Account information (including usernames, passwords and billing or payment account information). HD Poker is not liable for any loss that you may incur as a result of someone else using your Account, whether or not that activity is authorized by you.

You are liable for any losses or damages incurred by HD Poker or any third party as a result of someone else using your Account. In the event of theft, unauthorized use, or any other breach of security on your Account, you must immediately notify HD Poker.

Purchases and Charges

You may opt to purchase a license to use Virtual Goods and Currency, upgrades or additional Services through a gift card, credit or debit card, PayPal, or other similar accounts (“Payment Account”). You are responsible for any and all charges incurred to your Account, which includes purchases (made by you or anyone that uses your Account) and all applicable taxes. By providing Payment Account information to HD Poker (or its designated agents, partners, or affiliates) to pay such charges, you represent and warrant that such Payment Account information is accurate and complete, and that you will promptly update that information if it changes.

All Virtual Goods purchased on poker.hd.io will expire in one year from date of purchase. Please see Privacy Policy for additional information about information collected during purchases.

YOU ALSO ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, HD POKER IS NOT REQUIRED TO PROVIDE REFUNDS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS AND CURRENCY WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

WHEN YOU USE THE SERVICES FOR PURCHASES OF VIRTUAL GOODS, YOU ARE RESPONSIBLE FOR THE PAYMENT OF ALL FEES AND PROVIDING HD POKER’S THIRD-PARTY PROCESSORS WITH A VALID PAYMENT METHOD IN A TIMELY MANNER.

Links to Third Party Sites and Dealings With Advertisers

HD Poker may provide links on or in the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as Virtual Goods and Currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. HD Poker makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of HD Poker and may collect data or solicit personal information from you. HD Poker is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by HD Poker of these linked sites or their products and services.

Mobile Application Providers, Social Networking Websites & Third-Party Terms

This Agreement and these Terms are between you and HD Poker only, and not with Apple, Google, Facebook, or any other mobile application provider or social networking website. HD Poker is solely responsible for the Services and the maintenance and support of the Services. In addition to these Terms, your access and use of the Services is subject to applicable third-party terms of agreement, including the terms of service and usage rules of the application provider for your mobile device or the social networking websites that you use to access the Services (“Third Party Terms”). You must comply with all applicable Third-Party Terms when accessing or using the Services.

HD Poker, not your mobile application provider or social networking website, is responsible for (a) addressing any claims arising in connection with the Services, which relate to product liability, the warranties expressed and not disclaimed herein, and consumer protection; (b) the investigation, defense, settlement, and discharge of any third-party claim alleging that the Services or your use of the Services infringes any third-party intellectual property rights.

Services Provided “As Is” and Disclaimer of Warranties

You expressly agree that use of the Services is at your own risk and that HD Poker provides the Services on an “As Is” basis. To the maximum extent permitted by law, we make no warranties or representations about the Services or the Content, included but not limited to warranties or representations that they will be complete, accurate, up-to-date, that access will be uninterrupted or error-free or free from bugs or viruses or secure.

Further, to the maximum extent permitted by law, HD Poker disclaims any express or implied warranties, including, without limitation, non-infringement.

Without limiting the forgoing, HD Poker does not warrant any problems will be corrected.

HD Poker does not guarantee that you will be able to access or use the services at all times or from all locations.

TO THE EXTENT THAT OUR LIABILITY FOR ANY BREACH OF ANY WARRANTY CANNOT BE EXCLUDED BY LAW, OUR LIABILITY IS LIMITED, AT OUR OPTION TO:

(A) IN THE CASE OF SERVICES SUPPLIED BY OR OFFERED BY US:

1. THE RESUPPLY OF THOSE SERVICES; OR
2. THE PAYMENT OF THE COST OF HAVING THOSE SERVICES RE-SUPPLIED; AND

(B) IN THE CASE OF GOODS OFFERED OR SUPPLIED BY US:

1. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
2. THE PAYMENT OF THE COST OF HAVING THE GOODS REPLACED.

For Residents of Australia: Services Provided “As Is” and Disclaimer of Warranties

With the exception of the statutory guarantees for goods and services provided by the Australian Consumer Law, you expressly agree that use of the Services is at your own risk and that HD Poker provides the Services on an “As Is” basis. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Services or the Content, included but not limited to warranties or representations that they will be complete, accurate, up-to-date, that access will be uninterrupted or error-free or free from bugs or viruses or secure.

Further, to the maximum extent permitted by law. HD Poker disclaims any express or implied warranties, including, without limitation, non-infringement.

Without limiting the forgoing, HD Poker does not warrant any problems will be corrected.

HD Poker does not guarantee that you will be able to access or use the services at all times or from all locations.

NOTHING IN THESE TERMS OF USE IS INTENDED TO HAVE THE EFFECT OF CONTRACTING OUT OF THE PROVISIONS OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) (CCA) EXCEPT TO THE EXTENT PERMITTED BY THE CCA.

TO THE EXTENT THAT OUR LIABILITY FOR ANY BREACH OF ANY WARRANTY CANNOT BE EXCLUDED BY LAW, OUR LIABILITY IS LIMITED, AT OUR OPTION TO:

(A) IN THE CASE OF SERVICES SUPPLIED BY OR OFFERED BY US:

1. THE RESUPPLY OF THOSE SERVICES; OR
2. THE PAYMENT OF THE COST OF HAVING THOSE SERVICES RE-SUPPLIED; AND

(B) IN THE CASE OF GOODS OFFERED OR SUPPLIED BY US:

1. THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
2. THE PAYMENT OF THE COST OF HAVING THE GOODS REPLACED.

THE ABOVE DISCLAIMER DOES NOT APPLY TO THE EXTENT THAT AUSTRALIAN LAW LIMITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OUTLINED ABOVE.

Limitation of Liability

BY USING THE SERVICES, YOU UNDERSTAND THAT HD POKER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE MANNER SET OUT BELOW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HD POKER IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT HD POKER IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION WHATSOEVER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HD POKER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF HD POKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT HD POKER IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HD POKER LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD-PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HD POKER BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID HD POKER IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.

Nothing in these Terms of Use shall exclude or limit in any way liability which we may have for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, nor for fraud or fraudulent misrepresentation.

Indemnification

You agree to indemnify, save, and hold HD Poker, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“HD Poker Indemnified Parties”) harmless from any claims, losses, damages, liabilities, including reasonable legal fees and expenses, arising out of your use or misuse of the Services (to the extent that your use or misuse contributed to any claim, loss, damages or liabilities suffered by the HD Poker Indemnified Parties), any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you. HD Poker reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the HD Poker Indemnified Parties, and you agree to cooperate with HD Poker’s defense of these claims. You agree that the provisions in this paragraph will survive any termination of your Accounts or of the Services.

Right to Seek Injunctive Relief

You acknowledge and agree that the rights granted to you and your obligations to HD Poker under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm HD Poker and cannot be compensated by monetary damages alone. You agree that HD Poker shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.

Governing Law, Jurisdiction & Venue

These Terms and all aspects of the Services shall be governed by the laws of the State of Nevada without reference to conflict of laws principles. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Las Vegas, Nevada, as applicable, for any matter arising out of or relating to these Terms and/or the Services. You agree not to commence any action against HD Poker other than in the federal or state courts located in Las Vegas, Nevada, and you hereby consent to, and waive all defenses with respect to, venue and jurisdiction in the federal and state courts located in Las Vegas, Nevada.

Laws of Other Jurisdictions

HD Poker operates and provides the Services from the United States. HD Poker makes no representation that the Services are appropriate, legal or available in any location other than the United States. The Services are not intended for publication or distribution by any person or entity in any country or jurisdiction where such publication or distribution would be contrary to law or regulation, or which would subject HD Poker to any additional requirements with or within such country or jurisdiction.

Term

This agreement and these Terms of Use, as amended from time to time by HD Poker, are effective from the moment of acceptance by clicking on the “Continue” button, and shall remain in force indefinitely unless terminated by HD Poker or you. For the avoidance of doubt, you agree that you are bound by this agreement and these Terms of Use if you access or use the Services in any way.

Assignment

HD Poker may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without HD Poker’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Supplemental Policies

We may publish additional policies related to specific services such as applications for mobile devices, forums, promotions, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Use.

Entire Agreement

This agreement and these Terms of Use constitute the entire agreement between HD Poker and you relating to the Services, and supersede and replace any prior agreements regarding the subject matter contained herein.

Severability

You and HD Poker agree that if any portion of these Terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

No Waiver

The failure of HD Poker to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of HD Poker's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by HD Poker of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by HD Poker shall be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of HD Poker.

Notices

We may notify you via postings on HDPoker.com, within the Services, by e-mail, or any other communication means. All notices given by you or required from you under these Terms shall be in writing and addressed to: Z4 Poker, LLC, Attn: LEGAL DEPARTMENT, 323 Orville Wright Court, Las Vegas, Nevada 89119. Any notices that you provide without compliance with this section shall have no legal effect.

If you have any questions about these Terms, please contact HD Poker at the address appearing above or at [email protected].