===========================OwnTheCards END USER LICENSE AGREEMENT=================================== This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of OwnTheCards' service or products. Please note that the Agreement constitutes a legally binding agreement between you and OwnTheCards (referred to herein as "OwnTheCards", "us" or "we") which owns and operates the Internet site found at www.OwnTheCards.com (the "Site"). In addition to the terms and conditions of this Agreement, please review our Privacy Policy and the Poker Rules 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 below 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 Poker Rules as each may be updated or modified from time to time in accordance with the provisions below and therein. 1. GRANT OF LICENSE 1.1 Subject to the terms and conditions contained herein OwnTheCards grants the User a non-exclusive, personal, non-transferable right to install and use the OwnTheCards poker software ("Software") in order to access the OwnTheCards servers and play the poker games (the "Games") available (the Software and Games together being the "Service"). 1.2 The Software is licensed to you by OwnTheCards 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. OwnTheCards 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. 2. NO WARRANTIES 2.1 OwnTheCards 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 OwnTheCards 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 OwnTheCards in this regard. 3. AUTHORITY OwnTheCards retains authority over the issuing, maintenance, and closing of Users' accounts at OwnTheCards. The decision of OwnTheCards' 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 acknowledge that you will use OwnTheCards to gamble. OwnTheCards can be used only to organize a friendly game among users or our software without any financial agreement with other players or OwnTheCards. 4.2 You agree that your use of the Service is at your sole option, discretion and risk. 4.3 You agree that you are required to provide us with certain personal details about yourself (including details regarding your methods of payment) for the purpose of using the Service. Our control of the information provided by you shall be subject to our Privacy Policy. 4.4 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. 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. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her account with OwnTheCards for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to OwnTheCards and the User is obligated to update such details in the event of any change thereto. A User may not have more than one account with OwnTheCards. 5.3 COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. OwnTheCards 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, OwnTheCards reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly OwnTheCards 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. 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 OwnTheCards' 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 OwnTheCards. Further, Users shall not make statements about OwnTheCards 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, OwnTheCards reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account with OwnTheCards, seizing all monies held in the relevant OwnTheCards account and/or taking legal action against such User. 7.2 You agree to fully indemnify, defend and hold harmless OwnTheCards 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: 7.2.1 your breach of this Agreement, in whole or in part; 7.2.2 violation by you of any law or any third party rights; and 7.2.3 use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below) , whether or not with your authorization. 8. LIMITATION OF LIABILITY Under no circumstances, including negligence, shall OwnTheCards 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 OwnTheCards 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 On OwnTheCards you are betting OwnTheCards points, not real money. Points are not worth anything. 9.5 OwnTheCards reserves the right to run credit and/or identity checks on a User, with third party credit agencies or services, using the information provided to us by a User on registration with the Service. 9.6 OwnTheCards reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service. 10. OTHER This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org). 11. DISPUTES The User accepts that the historical data of each game shall be as recorded on the OwnTheCards servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the OwnTheCards' server the latter shall prevail. The User accepts that the "Instant Hand History" feature of the Software shall not be considered as the official historical record of any hand. 12. AMENDMENT OwnTheCards 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 Republic of Serbia. Each party irrevocably agrees that the relevant courts of the Republic of Serbia 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 OwnTheCards 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 OwnTheCards of any breach of any provision of this Agreement (including the failure of OwnTheCards 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. Copyright © 2007 OwnTheCards. All rights reserved. More information is available at www.ownthecards.com. OwnTheCards can be contacted by email at support@ownthecards.com.