NewYorkPoker.com TERMS OF SERVICE AND LICENSE AGREEMENT

This document is a legal agreement ("Agreement") wherein you ("Player") agree to the following terms and conditions. Read the following terms and conditions before using real money with the software (the "Software") accompanied by this Agreement. NewYorkPoker.com is owned by Euro Can Management PLC a company incorporated under the laws of Dominica. NewYorkPoker.com is powered by Futurebet PLC a company incorporated under the laws of Costa Rica.

BY CLICKING THE "I have read and agreed to the terms & conditions" CHECK BOX OR ACCESSING ANY REAL MONEY PART OF THE SOFTWARE, PLAYER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. If you do not agree to all of the terms of this Agreement you may not access the real money tables in the Software.

In cases where disputes arise between players, judgments of the NewYorkPoker.com management are final, binding and conclusive in all matters.

1. LICENSE AGREEMENT

NewYorkPoker.com grants to Player a non-exclusive license, without right to sub-license, to use the Software, subject to the terms of this Agreement. NewYorkPoker.com may modify this Agreement at any time without notice and Player shall periodically review this Agreement and any other terms and conditions posted at this Web site at a rate not less than once monthly. Player shall not participate in the Games, open, use or reuse the Software, enter the Web site, or the cardroom, nor accept any prize if Player does not fully understand, agree to, become a party to, and abide by, without exception, all rules, regulations and terms and conditions contained herein, which may change from time-to-time. The term of this Agreement will be automatically extended for three years from the date you receive any NewYorkPoker.com Software upgrades or subsequent NewYorkPoker.com Software versions.

2. LICENSE RESTRICTIONS

You may not:

• (a) permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the terms of this Agreement;
• (b) modify, translate, reverse engineer, de-compile, disassemble or create derivative works based upon the Software;
• (c) copy the Software;
• (d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software;
• (e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or
• (f) use the Software for any reason other than your private use.

3. LIMITATIONS ON USE

It is each player's responsibility to follow his/her local gaming age restrictions. In any case, no person under the age of eighteen (18) is permitted to participate in games at NewYorkPoker.com. YOU AGREE NOT TO USE THE SOFTWARE TO PARTICIPATE AT NewYorkPoker.com EXCEPT WHERE IT IS EXPRESSLY LEGAL TO DO SO. Residents of Costa Rica and Sweden are prohibited by law from playing NewYorkPoker.com's games for real money.

No person will be allowed to have more than one account. NewYorkPoker.com reserves the right to request a photocopy of a government issued ID, in order to verify a player's identification. If a Player opens more than one account, NewYorkPoker.com reserves the right to block play for all the Players accounts except one remaining account. It is the responsibility of the player to cash-out any remaining funds from the blocked account(s). Any play money credits, player points, tournament tickets or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.

Only 1 real money account is allowed per household.

NewYorkPoker.com reserves the right to close any other real money accounts that are traced to the same address or computer. In such a situation, any remaining monies may be cashed out by the player. If promotional bonuses have been deposited into a duplicate account by NewYorkPoker.com, NewYorkPoker.com reserves the right to remove all bonuses paid into all linked accounts. If an amount of money paid into either of the accounts by NewYorkPoker.com is outstanding, NewYorkPoker.com reserves the right to demand that the Player deposits a sum into their account equal to the debt owed. This amount shall be removed by NewYorkPoker.com in order to settle any outstanding debt.

A Player is only allowed to fund 2 real money accounts on behalf of other players.

If a Player funds more than three accounts in total, i.e. their own and 2 other players', NewYorkPoker.com reserves the right to block play for all the accounts except one remaining account. It is the responsibility of the player to cash-out any remaining funds from the blocked account(s). Any play money credits, player points, tournament tickets or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.

Residents of Costa Rica and Sweden are prohibited by law from playing NewYorkPoker.com's games for real money.

NewYorkPoker.com assumes no responsibility for the actions by you, the Player. You acknowledge that the games offered by NewYorkPoker.com may be deemed an illegal activity in certain jurisdictions, and represent that you have made a reasonable inquiry into the legality.

NewYorkPoker.com is not responsible for claims for losses or damages resulting from real money play under any condition. Play at NewYorkPoker.com is at the sole option, discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account passwords and other personal security information. NewYorkPoker.com is not responsible for the unauthorized use of your, the Player's, account or any losses that may result, of such unauthorized use.

NewYorkPoker.com also has the right to hold any and all of a player's funds indefinitely if it is found, determined at the sole discretion of NewYorkPoker.com, that the player has been involved in fraudulent activity on NewYorkPoker.com. Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information.

You may only use the Software in accordance with the rules posted on the NewYorkPoker.com site, as may be modified from time to time. In cases where disputes arise between players, you agree that judgments of NewYorkPoker.com are final, binding and conclusive in all matters. All taxes, duties and fees applicable in connection with any money or prizes awarded to a Player are the Player's sole responsibility. Violation of any NewYorkPoker.com policy or rule may result in suspension or termination of the player's NewYorkPoker.com account.

4. LIMITED WARRANTY

NewYorkPoker.com does not warrant that the player's use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. NewYorkPoker.com does warrant to Player that the Software will operate for purposes of normal use for a period sixty (60) days from the date of this Agreement. In the event that this warranty is breached, NewYorkPoker.com's only obligation under this Agreement and Player's sole remedy is, at NewYorkPoker.com's option, to either (a) have NewYorkPoker.com replace your Software with new Software supplied by NewYorkPoker.com; or (b) terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee will not include any costs resulting from your real-money play.

5. LIMITATION OF LIABILITY

NewYorkPoker.com is not responsible for any losses incurred by you in real money play. The Software is provided "AS IS." THERE ARE NO WARRANTIES OF ANY KIND AS TO THE SOFTWARE'S IMPLIED MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE, EVEN IF NewYorkPoker.com HAS BEEN ADVISED OF THAT PURPOSE. NewYorkPoker.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF NewYorkPoker.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

6. HOLD HARMLESS AND REMEDY

You agree to hold harmless, indemnify and defend NewYorkPoker.com, its officers, directors, employees and contractors, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) resulting from your violation of any of the terms of this Agreement.

7. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us as follows:

A. You have read and you understand this Agreement.

B. The execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.

8. SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable any other part of this Agreement, but the Agreement will be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

9. INFORMATION COLLECTION

NewYorkPoker.com will collect information from browsers through using ‘cookies'. The information will be, for example, the type of browser you use, your I.P. number etc. This information is collected for security reasons, and with the aim of constantly improving our Web site to better meet your needs.

NewYorkPoker.com uses a session-cookie to authenticate our customers after login. This cookie is terminated as soon as you log out from your account. NewYorkPoker.com will always strive to no unnecessary use of cookies.

10. E-MAILS

NewYorkPoker.com reserves the right to use your email address to send you information regarding NewYorkPoker.com. Your email address will never be sold or shared with any third parties. At any time you can choose to be removed from further mailings.