Terms of Service for Real Money Play

TERMS OF SERVICE AND END USER LICENSE AGREEMENT FOR REAL MONEY PLAY

This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of South Point Poker LLC ( Real Gaming ) service or products. Please note that the Agreement constitutes a legally binding agreement between you and South Point Poker LLC (referred to herein as "Real Gaming", RealGaming.com, "us" or "we") which owns and operates the Internet site found at www.realgaming.com (the "Site"). In addition to the terms and conditions of this Agreement, please review our Privacy Policy, the House 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, you consent to the terms and conditions set forth in this Agreement, the Privacy Policy, the House Rules as each may be updated or modified from time to time in accordance with the provisions below and therein.

1. GRANT OF LICENSE/ INTELLECTUAL PROPERTY

1.1. Subject to the terms and conditions contained herein Real Gaming grants the User a non-exclusive, personal, non-transferable right to install and use the Real Gaming poker software ("Software") in order to access the Real Gaming 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 Real Gaming for your private personal use. Please note that the Software is not for use by (i) individuals under 21 years of age, (ii) individuals connecting to the Site from jurisdictions from which it is illegal to do so.

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.

1.4. The Software's code, structure and organization are protected by copyright, trade secrets, intellectual property and other rights. You may not: 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; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); without the prior written consent of Real Gaming; or 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 Real Gaming immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Real Gaming with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5. The terms "Real Gaming", "RealGaming.com", "South Point", South Point Poker, SouthPointPoker.com, SouthPointPoker.net, SouthPointPoker.us, SouthPointCasino.com, and any other trade marks, service marks and/or trade names used by Real Gaming on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of Real Gaming or one of its group companies, affiliates 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 and text (the "Site Content") belongs to Real Gaming 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 Real Gaming's prior written consent.

2. NO WARRANTIES

2.1. Real Gaming 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. Real Gaming 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 Real Gaming in this regard.

3. AUTHORITY

Real Gaming retains authority over the issuing, maintenance, and closing of Users' accounts at Real Gaming. Any dispute or situation not covered by these rules will be resolved by the Real Gaming management in a manner decided by them to the fairest to all players. If the player is not satisfied with the result of such decision, he/she will have the option to seek/dispute resolution with the Nevada Gaming Control Board.

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 there is a risk of losing money when using the Service and that Real Gaming has no responsibility to you for any such loss.

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 any applicable taxes which may be payable on winnings paid to you. In addition, if you are a US Citizen (even if you reside outside the US), and win over $5000.00 in a poker tournament (minus the buy-in or any wager), you will be required to return the following: a copy of your government issued identification (i.e. driver's license) a signed W-2G Form and a completed and signed W-9 Form. You agree and accept that your tournament winnings will not be released to you until you email back a copy of your government issued identification (i.e. driver's license), a signed W-2G Form and a completed and signed W-9 Form. At this time, non US Citizen are not able to play for real money.

4.5. 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 "real money account" with Real Gaming 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 Real Gaming and the User is obligated to update such details in the event of any change thereto. A User may only have one account with Real Gaming 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.

5.3. REAL MONEY TRANSFERS. The Real Gaming real money transfer facility is accessed via the "Lobby". User acknowledges that they will not be allowed to transfer funds to another player or another person's account for any money deposited or withdrawn to their wagering account. Limits on deposits and withdrawals will be set by Real Gaming per User. As part of Real Gaming's licensing agreement and in compliance with anti money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their transfer of funds to be processed. This allows Real Gaming to help protect the Users and prevent Real Gaming being used as a vehicle for money laundering or fraud. The following terms and conditions also apply to the real money transfer facility: Real Gaming reserves the right to decline any account transfer requests or to overturn any account transfer upon suspicion of breach of any of the terms of this Agreement by the sender or receiver. Any request for withdrawal will be completed within a reasonable period of time and reviewed in accordance with Real Gaming's internal controls, policies and procedures.

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

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

5.6. 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.

5.7. You agree that Real Gaming 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 Real Gaming Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.

5.8. 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 be permanently banned from using the Service and their account may be terminated immediately. In such circumstances Real Gaming will be under no obligation to refund to you any monies that may be in your Real Gaming account at such time.

5.9. FRAUDULENT BEHAVIOR. In the event that Real Gaming 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 in this section five 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, Real Gaming shall be entitled to take such action as it sees fit, including, but not limited to: immediately blocking or suspending a User's access to the Service; terminating a User's account with Real Gaming; seizing the funds within a User's 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 a User.

6. CASH OUT POLICY AND REAL MONEY TRANSACTION PROCESSING

Real Gaming reserves the right to use additional eligibility criteria to determine the cash out options Users may be offered at any given time. The User agrees and acknowledges that:

6.1. Real Gaming will make reasonable efforts to ensure that deposits and withdrawals are processed in a timely manner. We give no warranties regarding the amount of time needed to complete processing. We cannot be held responsible for delays in the banking networks, failures on part of the processor or actions of other parties involved in the processing of funds that may result in processing delays, reprocessing or reversal of transactions or the seizure or freezing of funds, nor will we be liable for any actual or consequential damages arising from any claim of delay or seizure.

6.2. We will not be liable for any actual or consequential damages arising from any claim of delay or loss as a result of invalid, incomplete or erroneous financial or personal data provided by the User with their deposit or withdrawal request.

6.3. As part of Real Gaming's licensing agreement and in compliance with anti money laundering legislation, Users need to be aware they may be required to produce personal documentation (such as Government issued ID, bank statements and utility bills) upon request in order for their deposit or withdrawal to be processed. This allows Real Gaming to help protect the Users and prevent Real Gaming being used as a vehicle for money laundering or fraud.

6.4. Real Gaming does accept deposits by a checking account, savings account, credit card or by cash at the Real Gaming casino cage. The User will be required to provide the necessary information as requested by our processor or cage attendant to process the transaction.

6.5. Any withdrawal requested that was deposited by a checking or savings account will be returned to the same checking or savings account unless the account has been closed by the User. The User is responsible to notify Real Gaming if any User checking, savings or credit card account is closed. The User will notify the Real Gaming if any credit card is stolen or lost and the Real Gaming is not responsible for any funds deposited to any account by a stolen or lost credit card. In other cases, withdrawals will be done through a check process requested online by the User or by cash at the Real Gaming cage in person.

6.6. Real Gaming is not a bureau de change (currency exchange). We only pay in U.S. Dollars.

7. DECEASED, INCAPACITATED, PRESUMED DECEASED, OR ESTATE REQUEST ACCOUNT BALANCE TRANSFER TO RELATED PARTY

The beneficiary of a User may request to receive the funds in the User accounts or transfer the funds from the User Account to their account as a result of Death, Incapacitation, Power of Attorney appointment of Guardianship of User's Account provided all required documents as determined by the sole discretion of Real Gaming are submitted to SPP Customer Services and SPP General Counsel for review and approval. Please contact Customer Service via the Help menu on the website to inquire about this process.

8. INACTIVITY BY USER

If the User fails to login to their Real Gaming Poker account after two years, Real Gaming will email the user weekly twice before forfeiting the funds in the player's account. If player fails to respond to the second email within five days be deemed abandoned property. The Real Gaming will then issue a check to the State for this abandoned property.

9. 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 Real Gaming's 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 Real Gaming. Further, Users shall not make statements about Real Gaming or the Service that are untrue or would reasonably be considered to be derogatory or critical.

10. BREACH

10.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Real Gaming reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking or suspending access to the Service to such User, terminating such User's account with Real Gaming, seizing all monies held in the relevant Real Gaming account and/or taking legal action against such User.

10.2. You agree to fully indemnify, defend and hold harmless Real Gaming and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: your breach of this Agreement, in whole or in part; violation by you of any law or any third party rights; and 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. In addition, you agree to fully indemnify, defend and hold us and South Point Poker LLC ( Real Gaming ), the respective parents, subsidiaries and affiliates, and the respective officers, directors, employees, agents, contractors and suppliers of each of the foregoing (Indemnified Parties), harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising in whole or in part out of any breach of this agreement by you, and any other liabilities arising in whole or in part out of your use of the Website and/or Software. You further agree to full indemnify, defend and hold the Indemnified Parties harmless immediately upon demand, from and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising in whole or in part from any legal action taken either by or against any other user arising from any and all interaction with the Website and/or Software or Poker Room.

11. LIMITATION OF LIABILITY.

Under no circumstances, including negligence, shall Real Gaming 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, personal injury, bodily injury or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Real Gaming had prior knowledge of the possibility of such damages.

12. SECURITY AND YOUR ACCOUNT

12.1. 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 other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features 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.

12.2. Each user consents to the monitoring and recording by the operator and the Board of any wagering communications and geographic location information.

12.3. 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.

12.4. 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.

12.5. Please note that any money held in your Real Gaming account does not accrue interest.

12.6. You will not be able to place any bets using the Service in an amount greater than the total amount of money in your Real Gaming account.

12.7. You are fully responsible for paying all monies owed to Real Gaming. 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 Real Gaming for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

12.8. Real Gaming reserves the right to run credit and/or identity checks on a User, with third party credit reference agencies or services, using the information provided to us by a User on registration with the Service. The third party credit reference agencies or services may retain a record of the information but they will not use the information for any other purpose.

12.9. Real Gaming 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.

12.10. You acknowledge and agree that monies deposited by you in your Real Gaming account are held in a trust account on your behalf.

13. DISPUTES

The User accepts that the historical data of each game shall be as recorded on the Real Gaming servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Real Gaming's server the latter shall prevail. The User accepts that the "Hand History" and "Hand Replayer" features of the Software shall not be considered as the official historical record of any hand. Any dispute or situation not covered by these rules will be resolved by the Real Gaming management in a manner decided by them to the fairest to all players. If the player is not satisfied with the result of such decision, he/she will have the option to seek/dispute resolution with the Nevada Gaming Control Board.

14. AMENDMENT

Real Gaming 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 24 hours 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.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. If the player is not satisfied with the result of such decision, he/she will have the option to seek/dispute resolution with the Nevada Gaming Control Board. If User attempts to have their case heard in any court arising out of this agreement, User agrees their case shall be litigated in, and only in courts located in Las Vegas, Nevada and all parties agree to submit to the exclusive jurisdiction of these courts and further agree that Las Vegas, Nevada Courts are a convenient forum for the parties.

16. 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.

17. ASSIGNMENT

Real Gaming 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.

18. MISCELLANEOUS

18.1. No waiver by Real Gaming of any breach of any provision of this Agreement (including the failure of Real Gaming 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.

18.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.

18.3. 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.

18.4. 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.

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

18.6. 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.