Terms and Conditions of Use

Please closely read the following Terms and Conditions and Privacy Policy which will govern your use of this software and all 5APoker.com services.  Please note that our Terms & Conditions and Privacy Policy may be changed at any time.  Any changes become effective when posted at 5APoker.com.

These terms and conditions together with Promotions and any other page on 5APoker.com that specifically relates to and governs any particular event, game or tournament, constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) 5APoker.com (the "Site" or "we", "us" or "our" as appropriate).  These terms and conditions are written and are only available in English. If these terms and conditions are translated into another language the English version will prevail.

Your attention is drawn to our Privacy Policy which describes how we deal with and protect your personal information and by accepting this Agreement, you are also acknowledging and accepting that policy.

1. Applicability of Terms and Conditions.

By playing our Games (defined below), or clicking on the "Yes/Agree" button when you install our Software and/or by acknowledging that you have read these terms and conditions when you register to join 5APoker.com, you agree to comply with this Agreement, and you acknowledge that your failure to comply with this Agreement may result in disqualification, Account closure, forfeiture of Play Money funds and/or legal action against you, as appropriate and as further specified in this Agreement. If you have any questions as to this Agreement, we encourage you to seek independent counsel prior to clicking on the "Yes/Agree" button when you install the software and/or before continuing with the registration process. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of our services immediately. As a consequence of this, if you accept this Agreement when registering for our services, you will not later be able to cancel your registration,although you can terminate this Agreement and close your account under section 13 below.

2. Legality of Participation in Games

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.

3. The Software

The software (the "Software") is being licensed to you by 5APoker for your private personal use solely on "AS IS" basis. You may install and use the computer programs we make available from 5APoker.com ("Software") 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.

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

4. No Warranties.

5APoker disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games all of which are provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Site and the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses of bugs.

5. True Identity and One Account

The name on your Account must match your true and legal name and identity and the name on your 5APoker.com Account. You are prohibited from holding more than one Account at 5APoker.com and any of the websites on the Shared Game/Table Platform. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, please contact us for a replacement.

6. External Player Assistance Programs (EPA).

5APoker prohibits External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to other players. 5APoker defines External to mean computer software (other than the 5APoker game client provided by 5APoker), and non-software-based databases or profiles (e.g. web sites and subscription services). 5APoker defines an "Unfair Advantage" as a User accessing or compiling information on other players beyond that which the User has personally observed through the User's own game play.

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

You agree that 5APoker 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 5APoker Software on the User's computer. In the event that 5APoker deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software or playing the Games, including without limitation a User who has colluded or attempted to collude with another user of the Software, or has used Prohibited EPA programs, 5APoker shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with 5APoker and seizing all monies held in the relevant 5APoker account.

7. Shared Games, Table and Database Platform.

We reserves the right to run and utilize a shared table, server and database platform or system ("Shared Game/Table Platform") which enables players from 5APoker.com to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. You agree that you may be pooled into these common game/tables, at our sole discretion, and that to the extent that you breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, we may have you blocked, in part or full, from the entire system so that you may not play through any site or brand using or on the Shared Game/Table Platform. You are prohibited from having an account at more than one website on the Shared Game/Table Platform, whether on 5APoker.com or any other website on the Shared Game/Table Platform.

8. Inactive Account

If you do not access your Account by "logging in" to your Account using your Account name and password for any period of six calendar months (“Inactive”), your Account will be deemed Inactive and will be closed; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game or participate in any activity at 5APoker.com other than logging in.

9. Disclosure of Account name and password.

You agree to keep your account name and password secret and confidential and not to allow anyone else to use it. We shall not be required to maintain account names or passwords although if you have lost your account name or password, please contact us for a replacement. If you misplace, forget, or lose your account name or password because of anything other than our error, we shall not be liable.

10. Abusive or Foul Language

Abusive or foul language will not be tolerated on the chat boards, Games, or otherwise by you on 5APoker.com or with our staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be reasonably required by us to regulate compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Site's operation in any forum or media type.

11.Collusin

Collusion between players by sharing hole cards or by other methods is strictly forbidden. 5APoker reserves, in addition to other measures, the right 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.

12. Chip-dumping

Chip-dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who chip-dumps or attempts to chip-dump with any other player while using 5APoker service may be permanently banned from using 5APoker service and their accounts may be terminated immediately. In such circumstances 5APoker will be under no obligation to refund to the players any monies that may be in the players’ 5APoker accounts at such time.

13. Account Termination

The Site is entitled to terminate this Agreement immediately on notice (or attempted notice) to you at the email address that you have provided to the Site. You are entitled to close your Account and terminate this Agreement at any time by sending an email to us at support@5APoker.com. We shall respond within a reasonable time provided that you shall be responsible for any and all activity on your Account until such closure has been completed by us. Where the Site has terminated as a result of a failed Security Review, any Account Balances in your Account are non-refundable and deemed forfeit.

14. Limitation of Liability

Under no circumstances, including negligence, shall 5APoker 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 the Software, the Games or your accessing the Site or the Servers, even if 5APoker had prior knowledge of the possibility of such damages.

15. Right of Third Party

Except where this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

16. Notices of Dispute

If you have any dispute with regard to any outcome in the Games or any other activity at 5APoker.com, you must submit your complaint to us in writing within fourteen (14) days of the incident by email to support@5APoker.com.

17. Amendment

5APoker reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.