This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of FANTAPOKAS's service or products. This Agreement is a legal contract between you and FANTAPOKAS (“FANTAPOKAS”) and governs your access to, and use of, the FANTAPOKAS website located at www.FANTAPOKAS.com and the game software (the “Site”). In addition to the terms and conditions of this Agreement, please review our Privacy Policy, the Site Rules, and the other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site. By using FANTAPOKAS, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using FANTAPOKAS.

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

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

1.2. The Software is licensed to you by FANTAPOKAS for your private personal use.

1.3. You must be age 13 or older to use the Service. If your are between the ages of 13 and 18, you must have your parent or legal guardian's permission to use the Service, as well as have then read and agree to the Terms.

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

(a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
(b) sell, assign, sublicense, transfer, distribute or lease the Software;
(c) make the Software available to any third party through a computer network or otherwise;
(d) export the Software to any country (whether by physical or electronic means);
(e) use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an "Unauthorized 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 Unauthorized Use. You shall notify FANTAPOKAS immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide FANTAPOKAS with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.4. The terms "FANTAPOKAS", and any other trade marks, service marks and/or trade names used by FANTAPOKAS on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of FANTAPOKAS 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, character goods, stories, scripts, and text (the "Site Content") belongs to FANTAPOKAS 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 FANTAPOKAS's prior written consent.

2. NO WARRANTIES

2.1. FANTAPOKAS 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. You agree that FANTAPOKAS will not be liable for any interruption of the Service, delay or failure to perform, and you shall not be entitled to any refunds of fees for interruption of service or failure to perform.

2.4. FANTAPOKAS 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 FANTAPOKAS in this regard.

3. AUTHORITY

FANTAPOKAS retains authority over the issuing, maintenance, and closing of Users' accounts at FANTAPOKAS. The decision of FANTAPOKAS's 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 (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.

4.3. 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.

5. CHARGES FOR SERVICES

5.1. Current fees for using the Service are published on the Site. All fees are stated in U.S. Dollars. FANTAPOKAS may change its fees and billing methods at any time effective immediately after notice of the changes are posted on the Site. All changes will be posted on the Site and you are responsible for reviewing the Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use or our service. Your continued use of the Service after posting of the changes on the Site will deems you accept such change.

5.2. You understand and agree that you are fully liable for all charges under your account and once you authorize us or other designated payment service to charge your selection of payment method for a certain amount, such amount shall under no circumstances be refundable in whole or in part, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of the item mall and/or the discontinuation of the service.

5.3. If your use of the Service is subject to use or sales tax then FANTAPOKAS may also charge you for such taxes, which will be in addition to the rates and charges published on the Site.

5.4. PAYMENT METHOD. If you pay for the Service by the payment method of your choice, you represent to FANTAPOKAS that you are the authorized account holder of that payment service used to pay Service charges. You agree and reaffirm that FANTAPOKAS is the authorized vendor to charge payment method of your choice. You agree to promptly notify FANTAPOKAS of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify us if your payment method expires or is cancelled for any reason.

5.5. USE OF FANTABALL. You will receive a certain amount of FantaBall by completing your payment through the billing section of the Web Site. You may use FantaBall to purchase cash items or paid services. Use of purchased FantaBall or cash items for any purposes other than those authorized on the Site, whether online or offline, is a violation of These Terms. You agree that FANTAPOKAS has the absolute right to manage, regulate, control, modify and/or eliminate such FantaBall or cash items as it sees fit at its sole discretion and that FANTAPOKAS will have no liability to you based on its exercise of such right. FantaBall are not subject to refund, nor do they have "real cash" value.

5.6. Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.

6. Virtual Goods

You agree that FANTAPOKAS reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects of including but not limited to, game characters, items, points, chips, and FantaBalls (collectively, "Virtual Goods") therein. All Virtual Goods remain property of FANTAPOKAS. You acknowledge that FANTAPOKAS may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the terms of this Agreement, and do not have "real cash" value. Accordingly, they are not redeemable for any sum of money or monetary value from FANTAPOKAS at any time, and you may not sell the Virtual goods for "real" money, or exchange them for value outside of the Game.

7. PROHIBITED USES

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

7.2. PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to use the Service for his/her personal entertainment. The User must provide full and truthful information in respect of all details and information provided by the User to FANTAPOKAS and the User is obligated to update such details in the event of any change thereto. A User may only have one account with FANTAPOKAS 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.

7.3. COLLUSION. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. FANTAPOKAS 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, FANTAPOKAS reserves the right to consider any collusion between players (including Users) as a material breach of this Agreement and accordingly FANTAPOKAS 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.

7.4. EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). FANTAPOKAS prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. FANTAPOKAS defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). FANTAPOKAS 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.

7.5. 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.

7.6. You agree that FANTAPOKAS 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 FANTAPOKAS Software on the User's computer.

7.7. 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 face the account suspension or termination immediately.

7.8. FRAUDULENT BEHAVIOR. In the event that FANTAPOKAS 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, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, FANTAPOKAS shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User's account with FANTAPOKAS, seizing all the account balances held in the User's FANTAPOKAS account, disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information, and/or taking legal action against such User.

8. 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 while using the Service, including without limitation, Profile, Chat, Message, Friend, Team, Group, and Community Forum, or in correspondence with FANTAPOKAS's staff. Further, Users shall not make statements about FANTAPOKAS or the Service that are untrue or would reasonably be considered to be derogatory or critical.

9. BREACH

9.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, FANTAPOKAS 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 FANTAPOKAS, seizing all account balances held in the relevant FANTAPOKAS account and any privileges associated with the account, and/or taking legal action against such User.

9.2. In the event that FANTAPOKAS suspends or terminates your Account, you agree that you shall receive no refund or exchange for any unused time on a subscription, any subscription fees, any content or data associated with your Account, or for anything else and forfeit all account balance and any privileges associated with the account.

9.3. You agree to fully indemnify, defend and hold harmless FANTAPOKAS 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:

(a) your breach of this Agreement, in whole or in part;
(b) violation by you of any law or any third party rights; and
(c) 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.

10. LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall FANTAPOKAS 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 FANTAPOKAS had prior knowledge of the possibility of such damages.

11. SECURITY AND YOUR ACCOUNT

11.1. Each User account shall be accessible through the use of a combination of a unique account name, and a unique and secret password ("Password") (the Account Name, and Password together being referred to as the "Login Credentials"). The User is obligated to choose his/her own Account Name and Password in accordance with the rules relating thereto.

11.2. 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.

11.3. 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.

11.4. You are fully responsible for paying all monies owed to FANTAPOKAS. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse FANTAPOKAS for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

11.5. FANTAPOKAS 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.

11.6. FANTAPOKAS 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.

12. Termination

Either you or FANTAPOKAS may terminate your Account at any time without further obligation to the other. Furthermore, FANTAPOKAS reserves the right to terminate the Service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees, unused access time or unused FantaBalls; (2) you will lose any characters developed, items and chips accumulated or purchased through the Item Mall (this is its tentative name); (3)you will forfeit all account balances and any privileges associated with the account; (4) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, FANTAPOKAS may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account.

13. OTHER

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org).

14. DISPUTES

The User accepts that the historical data of each game shall be as recorded on the FANTAPOKAS servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the FANTAPOKAS’s server the latter shall prevail.

15. AMENDMENT

FANTAPOKAS reserves the right to update or modify this Agreement at any time 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 Service shall be deemed to attest to your agreement to any amendments to the Agreement.

16. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. Each party irrevocably agrees that the relevant courts of California, the United States 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.

17. 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.

18. ASSIGNMENT

FANTAPOKAS 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.

19. MISCELLANEOUS

19.1. No waiver by FANTAPOKAS of any breach of any provision of this Agreement (including the failure of FANTAPOKAS 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.

19.2. 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.

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

19.4. 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.