End User License Agreement - English

Last Updated: April 9, 2025

Pipeworks, Inc. thanks you for your interest in accessing and using the Pipeworks Studios website at https://www.pipeworks.com, including, without limitation, all subpages thereto, including social media pages and accounts (i.e., Facebook, X (formerly known as Twitter), Instagram, YouTube, Discord, TikTok, Reddit, Threads, Mastodon, Bluesky, and HIVE) (collectively, the “Website”), as well as our Game (as defined below) offered through digital storefronts such as the PlayStation Network, Xbox network, Steam, and other platforms (herein “Digital Storefronts” or “Platforms”). 

In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following Terms of Service and End User License Agreement (collectively, the “Agreement”).  This not only helps us preserve a healthy and fun environment or all of our players, it also allows us to continuously improve your player experience.

Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we may collect from you.  We provide our Privacy Policy to you separately because it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate or practices and your rights with respect to those practices; and your privacy rights are important to us and deserve your undivided attention.  Please take the time to review our Privacy Policy here: https://www.pipeworks.com/privacy-policy/.

By accessing, downloading and/or using the Game, Website or Services, you represent that you are (i) at least thirteen (13) years of age or the age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Game. If you are at least thirteen (13) years of age or the age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this End User License Agreement on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICS BY THE CHILD.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO ACCESS, DOWNLOAD, INSTALL, COPY, OR USE THE GAME OR WESBSITE.  TO THE EXTENT APPLICABLE, IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOUR PURCHASE OF A GAME FROM ANY DIGITAL STOREFRONT, YOU MAY ONLY INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME FROM THE APPLICABLE DIGITAL STOREFRONT AND YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE APPLICABLE DIGITAL STOREFRONT’S RETURN POLICY. IF YOU PURCHASED THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.

Pipeworks reserves the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion.  We may provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you at the time you attempt play the Game; however, you agree you will periodically check the Website for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement.  Your continued use of our Website, Game, or Services following our making available any revised version of this Agreement shall constitute your assent and acceptance of the revised version.  If you do not agree to any changes made to the Agreement, you may not access or use the Game.

If you have any questions regarding this Agreement, please contact Pipeworks at: poker@pipeworks.com.

Definitions

The following terminology applies to the Terms of Service and End User License Agreement, and any or related agreements referenced herein:

                “Game” means our interactive entertainment product entitled, “Prominence Poker”, including the game software client and all versions thereof across all playable platforms, and also refers to all expansions, updates, upgrades, patches, revisions, new versions, supplements, add-on components, and all content and Intellectual Property embodied therein. 

“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions. 

“Services” mean all of the products and services offered by Pipeworks, Inc., including but not limited to our Game, our Website, community and social media accounts, customer support, technical support, and all others means by which you interact with us and our products and services.

“End User”, “you” and “your” refers to you, the person accessing the Website or Game and accepting the Company’s terms and conditions.  “Pipeworks”, “Company”, “we”, “our” and “us”, refers to Pipeworks, Inc.  “Party” or “Parties”, refers to both the End User and Pipeworks, or either the End User or Pipeworks. 

Terms of Service

We seek to ensure that our Game and Website remain fun, healthy, and safe environments for you to enjoy.  By accepting this Agreement, you understand that the following terms and conditions apply to your use of both the Game and Website, as well as any and all social media channels (including but not limited the Digital Storefronts, Discord server, Facebook and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with the Game (collectively herein the “Community”).  Your failure to comply with any part of this Agreement, including the Community Guidelines, may result in your Account termination, to the extent applicable, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.

Furthermore, you accept sole and complete liability for any content shared by you to our Community.  As such, you agree to indemnify and hold harmless Pipeworks, its licensors, licensees, and/or service providers, and their respective officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community. 

                Playing our Game

You must have, and where applicable pay for, the following to play our Game: a downloaded copy of or access to the Game from a Platform; required Platform hardware or minimum computer system requirements; and an internet connection.  You may also be required to create a user account for the Digital Storefront through which you access our Game in order to purchase, download, and use the Game. Each Platform’s account registration procedure may vary; please see the applicable Platform’s documentation or website for instructions.

We retain the right to monitor and/or record your communications sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.  

Your use of the Services and your ability to access the Game and interact with other players is governed all times to the terms and conditions of this Agreement, as well as any other applicable policies, terms and conditions set forth in-game that we may from time to time deploy or enforce at our sole and absolute discretion, and any third-party Platform terms and conditions.  In the event of a conflict between the terms and conditions of this Agreement and any of the other foregoing terms and conditions, the terms and conditions of this Agreement shall control with regard to your access, download and use of the Game.  Your use of the Game on any Platform also is subject to the Platform’s terms and conditions.  

Pipeworks reserves the right to interrupt, modify (including, without limitation, adding or removing servers), update, suspend, cancel or terminate the Game with or without prior notice for any reason or no reason.  Updates may require you to update your system to play the Game.  You agree that neither Pipeworks (nor its licensors, licensees, and/or service providers, if applicable) will be liable for any interruption, delay and/or failure of the Game to perform, and you understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform.

                User Comments and Feedback

                Our Community offers various opportunities to share your opinions and thoughts with us and other End Users either through our Website, via our social media pages (including Discord, Facebook, Twitter and Instagram), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.  

We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. In accordance with this Agreement, by sharing User Comments, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation. 

You retain ownership in your User Comments and all Intellectual Property rights contained therein, provided such User Comments do not contain Feedback (as defined below).  We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials.  You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of the Game. 

We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us.  By submitting Feedback to us, you hereby assign all right, title, and interest in and to such Feedback, including but not limited to the Intellectual Property rights therein. To the extent that any such rights cannot be assigned under applicable U.S. or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback. 

User Generated Content

We encourage our End Users to create and share fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”).  We also encourage streaming and recording your Game play and sharing it with the Community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”. You represent that you have the right to post any User Generated Content which you post to and/or in relation to the Game, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. 

However, User Generated Content shared with the Community must comply with these Community Guidelines and our End User License Agreement.  You agree that neither Pipeworks, nor any Platform on which you access and/or use the Game is liable for User Generated Content that is provided by you or others. Pipeworks has no duty to pre-screen User Generated Content, but has the right to refuse to post, edit, or deliver submitted User Generated Content. Pipeworks reserves the right to remove User Generated Content for any reason, but is not responsible for any failure or delay in removing such material. Pipeworks also reserves the right to block any End User’s access to any content, website or webpage that Pipeworks provides in our sole discretion. Failure to comply with any of the terms contained therein may result in our utilizing any legal remedies that may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein. 

We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to use your User Generated Content including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon “moral rights” (as that term is commonly understood) or any rights of attribution or integrity in connection with content submitted to us hereunder. This license grant, and the above waiver of any applicable moral rights, survives any termination of this License.

Infringements

To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Generated Content or User Comments shared with the Community.  However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any Platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the Platform).  If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material.  We require the following information before we are able to investigate your claim:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at: 

Georg Langer

Pipeworks Studios

133 W Broadway

Eugene, OR 97401

Phone: (541) 393-3500

Email: glanger@pipeworks.com

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the registered DMCA agent identified above before we can investigate your claim or re-post your content:

1. Your physical or electronic signature;
2. Your name, address, and phone number;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Pipeworks in connection with the written notification and allegation of copyright infringement.

Community Guidelines

                By entering into this Agreement, you agree to comply with the following Community Guidelines:

• Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the Intellectual Property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or any other right of any third-party; 
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will NOT harass other End Users.  Harassment includes but is not limited:
  1. Publicly disclosing personally identifiable information of another End User or member of the Community;
  2. Stalking, “doxing”, or otherwise infringing on the privacy of any member of the Community;
  3. Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
  4. Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
  5. Making false claims, tickets, or reports about events or any third-party, regardless of their standing with the Community or the Company; or
  6. Using exploits, hacks, or third-party tools to obtain an unfair advantage against other members of the Community in-game;
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion;
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Game that you dislike.  Your sole remedy for that is to stop playing that Game;
• You will not engage in solicitation or advertise other products or services to the Community without our prior consent; and
• You may not distribute, sell, or exploit User Generated Content (including video streaming), commercially or otherwise, without our prior consent. 

Failure to comply with the Community Guidelines set forth above will result in the revocation of all rights set forth herein.  Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with this Agreement.

Website

                To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of the Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).  Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this Agreement: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

Trademarks

All trademarks and service marks in the Game and Website not owned by us are the property of their respective owners.  Except as expressly set forth in these Terms of Service, you may not use our trade names, trademarks or service marks under any circumstances, including, without limitation, using our trade names, trademarks or service marks for any commercial purposes, in connection with any product or service that is not our product or service, in any manner that is likely to cause confusion or that, in our sole opinion, is unlawful, deceptive, misleading, defamatory, obscene, infringing, harmful, tortious, disparaging, abusive, or otherwise objectionable or inappropriate, or that implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing. You agree and acknowledge that this list is not exhaustive.

End User License Agreement 

This End User License Agreement describes the terms and conditions by which Pipeworks offers you: (i) the right to download, install and/or use the Game and related documentation, and Game content offered by Pipeworks; and (ii) the right to use the Game in conjunction with your registered account on your chosen Platform (“Account”).  This Agreement does not grant you any rights to use any third-party products or services.

1. LICENSE

The Game is licensed, as opposed to being sold or assigned to End Users, and your continued legal use of the Game is contingent upon your compliance with the terms and conditions of this Agreement, including the limitations on the license and your responsibilities set forth in Section 3 (below).

Subject to and conditioned on your continued compliance with the terms and conditions of this Agreement, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to: access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account.    

To be clear, we consider the creation of an Account to access the Game in order to understand, analyze, decompile, reflect, alter, adapt, vary, reverse engineer, copy, reproduce, or transmit such authorized Game or do anything similar or equivalent, falls outside the scope of “personal and non-commercial use” and constitutes a material breach of the terms of this License.

When downloading and accessing the Game, or uploading content from the Game, standard network and/or broadband charges may apply. You may incur additional data charges from your network operator according to your contract with your relevant internet provider, for which you are solely responsible.

1. OWNERSHIP  

1. Pipeworks Property.  Pipeworks and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Game and all copies of our Game, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other Intellectual Property and proprietary rights embodied in or derived from our Game.  We strictly prohibit the copying, reproduction, and circumvention of technology of our Game beyond the terms of this Agreement.  Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Pipeworks.  All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF THE PIPEWORKS PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

1. Independent Origin.  All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any User Generated Content or third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.

1. LIMITATIONS ON LICENSE; RESPONSIBILITY OF END USER

The license granted to you in Section 1 is limited.  Any use of the Game, or any portion thereof in violation of this Agreement is beyond the scope of the license granted to you and, therefore, infringes Pipeworks’ copyrights and other Intellectual Property rights in and to the Game.  You shall not, without express advance written permission from Pipeworks:

1. modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game on or through any medium. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game;  
2. exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned or operated by us or our authorized distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-game services for other End Users in exchange for payment outside of the Game;

1. use, cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game or End User experience;

1. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the Game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;

1. modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;

1. provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, as part of content aggregation networks, or any location-based gaming site;

1. create, facilitate, or maintain any unauthorized connection to the Game or the Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Game or Service; and (b) any connection using programs or tools not expressly approved by us;

1. incorporate the Game or any portion thereof into any product or service;

1. remove, alter, or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the Game; 

1. violate any applicable law or regulation in connection with your use of the Game or Services;

1. upload, post, send, submit, publish or transmit material that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

1. upload, post, send, submit, publish or transmit any unsolicited or unauthorized advertising or promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of a commercial endeavor;

1. impersonate any person or entity without their consent;

1. attempt to gain access to another End User's Account or password;

1. otherwise exploit the Game for any commercial purpose; or

1. disrupt or assist in the disruption of: (i) any computer used to support the Game (each a “Server”); or (ii) any other End User’s Game experience.  ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 

1. VIRTUAL CURRENCY

1. Generally. In certain instances, and in certain locations, Pipeworks permits End Users a license to use Virtual Currency to the extent that the Game permits End Users to earn or purchase any such Virtual Currency as part of the Game. For purposes of this Agreement, “Virtual Currency” shall be defined as simulated currency of no actual value outside of the Game in the form of “chips”, gained or used by End Users through purchase or playing the Game to obtain certain access or virtual goods available as part of the Game. For the avoidance of any doubt, Virtual Currency only permits you certain limited rights or licenses, as set forth herein.

To the extent that you remain in compliance with the terms and conditions of this Agreement and reside in an area where Virtual Currency is available, Pipeworks grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Currency obtained in the course of using the Game strictly for non-commercial use and solely within the Game. You shall not acquire any title or ownership in or to Virtual Currency and nothing in this Agreement, or otherwise, shall be construed as the sale or purchase of any such Virtual Currency between you and Pipeworks.

As permitted by law, Pipeworks retains the right to modify or otherwise affect the perceived value of or purchase price for any Virtual Currency at any time and may also modify the fees or charges (if any) assessed to you in order to access or use Virtual Currency, at its sole and exclusive discretion. Although Pipeworks does not assess or charge any fees for non-use of Virtual Currency, you acknowledge that the license granted to you with respect to Virtual Currency related to the Game will terminate in accordance with the terms and conditions of this Agreement at any time that Pipeworks elects to stop permitting access to the Game, or this Agreement is otherwise terminated.

You may purchase Virtual Currency only within the Game, or through an authorized platform or third-party online or application store or related authorized retailer (collectively, “Currency Provider”), at which time the value of the purchased Virtual Currency will be credited to your Account. You acknowledge and agree that your purchase and/or use of any Virtual Currency purchased through a Currency Provider subjects you to said Currency Provider’s Terms of Service and User Agreement, and you agree to abide by the same in your purchase and use of said Virtual Currency. You further acknowledge that any discounts and promotions that may be offered by a Currency Provider relating to Virtual Currency for the Game may be changed or discontinued at any time without notice to you.

Pipeworks retains the right to credit Virtual Currency to End Users through promotions, as well as to set limits on the amount spent by any End User to purchase or obtain Virtual Currency in any given transaction or time-period, including but not limited to limits on the total amount of Virtual Currency that may be purchased or credited to any given End User.

1. In-Game Use. You understand that the rules of the Game shall dictate the nature, amount and timing with which any Virtual Currency obtained by you may be consumed. For clarity, Virtual Currency may only be used within the Game, and all times, Pipeworks retains the right to limit your use of the Virtual Currency at any time.

Your Account will reflect any unused and available Virtual Currency. You must have sufficient available Virtual Currency in your Account in order to complete a transaction. The amount of Virtual Currency in your Account may be reduced at any time without notice to you in the event of certain occurrences, including events related to gameplay (e.g., elimination of character or simulated goods).

Pipeworks disclaims any liability or responsibility for misuse of unauthorized use of your Virtual Currency by third parties through your Account. You remain responsible to notify Pipeworks immediately if you discovery any unauthorized use of your Virtual Currency. Any such reporting or requests for support should be made at: https://www.pipeworks.com/prominence-poker-support.

Virtual Currency is non-redeemable and non-transferable. You acknowledge and agree that you may not convert, sell, lease, license, rent or otherwise commercialize the Virtual Currency under any circumstance. Virtual Currency is only redeemable for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Pipeworks or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. Virtual Currency has no cash value, and neither Pipeworks nor any other person or entity has any obligation to exchange your Virtual Currency for anything of value, including, but not limited to, real currency. Your purchase of any Virtual Currency is final and non-refundable, non-transferable, and non-exchangeable. To the fullest extent permitted by law, Pipeworks retains the right to modify, suspend, eliminate or otherwise alter Virtual Currency in its sole and exclusive discretion without any liability to your or any third party. Any unauthorized use of Virtual Currency by you, including but not limited to, the unauthorized transferring, sale or exchange of Virtual Currency, is strictly forbidden. Pipeworks reserves the right, in its sole discretion, to terminate, suspend, or modify your Account, access to Virtual Currency and/or to terminate your right and license to continue using the Game should you participate in any such unauthorized actions. You further acknowledge that, in the event of any such suspected or actual unauthorized action, Pipeworks may seek the suspension or reversal of any such action via any Currency Provider, without any further liability to you.

1. CONSENT TO DATA USAGE

1. Neither Pipeworks, nor any authorized agent on behalf of Pipeworks, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent, except as may be compelled by operation of law or to enforce our legal rights. In using the Game, You acknowledge that Pipeworks may collect and store data from your computer or device or console, including but not limited to, technical and related information regarding your computer (or device, or console) and operating system (including gamertags, platform/device type and device ID(s). Additional usage information such as the installation and/or removal of the Game, gameplay and usage statistics, system interactions and peripheral hardware may also be collected. Personally Identifiable Information may be collected at any time you access online features and/or services.

1. The use of Personally Identifiable Information collected by Pipeworks is predominately used to analyze and improve our Games and features offered to consumers or for marketing communications as well as to provide leaderboard services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing pleasure and experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT, YOU ARE STRONGLY URGED NOT TO INSTALL OR USE THE GAME. For more information, please visit our Privacy Policy here: https://www.pipeworks.com/privacy-policy/.

1. TERM AND TERMINATION

1. Term.   This Agreement is effective upon your first use of our Services and shall remain in effect until it is terminated or superseded by a new or updated version of this Agreement, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to cease providing the Services, or license to a third-party the right to provide the Services, we are not required to provide notice to you.  Neither the Services nor our agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.

1. Termination by Pipeworks.  We reserve the right to terminate this Agreement (including, without limitation, your licenses to the Game and/or suspend your access to the Game at any time for any reason, or for no reason, immediately and with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are the result of violations of this Agreement.   

1. Termination by You.  You are entitled to terminate this Agreement at any time by terminating your Account, deleting the Game, or notifying us via email at poker@pipeworks.com.

Upon termination of this Agreement, all licenses granted herein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination of this Agreement.

1. U.S. GOVERNMENT END USERS

                The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. ' 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

1. EXPORT LAW ASSURANCES

                You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Game, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

1. DISCLAIMER

ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS.  TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.  PIPEWORKS MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY.  PIPEWORKS MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION.  PIPEWORKS HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.

1. NO WARRANTIES

PIPEWORKS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR DEVICE YOU USE TO OPERATE THE GAME.  NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS FIRE, NATURAL DISASTER, ACCIDENT, ACT OF GOVERNMENT, SHORTAGES OF MATERIAL OR SUPPLIES, POWER OUTAGE, STRIKE, WAR, EMBARGO, OR ANY PANDEMIC, BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE, OR ANY OTHER CAUSE REASONABLY BEYOND OUR CONTROL).  NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS OR OTHER DEVICES THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER OR DEVICE AS A RESULT OF YOUR USE OF THE GAME.

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.

TO THE EXTENT THAT THE SOFTWARE IS ACCESSED VIA OR DOWNLOADED FROM A THIRD-PARTY PLATFORM, THE DISCLAIMERS OF WARRANTIES SET OUT IN THIS PARAGRAPH 10 ARE REPEATED ON BEHALF OF THE THIRD-PARTY OPERATOR AND ITS AFFILIATES, AND REFERENCES TO “WE” SHOULD BE CONSTRUED ACCORDINGLY. SUCH THIRD-PARTY OPERATORS AND THEIR AFFILIATES SHALL HAVE NO OBLIGATION TO PROVIDE SUPPORT OR OTHER SERVICES IN CONNECTION WITH YOUR USE OF THE SOFTWARE UNDER THIS LICENCE.

1. LIMITATION OF LIABILITY

YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK.  WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE.  IN NO EVENT WILL PIPEWORKS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE PURCHASE, DOWNLOAD OR USE OF THE GAME OR INABILITY TO USE THE GAME.  IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR ANY PURCHASES MADE IN CONNECTION WITH THE GAME.  

The Game is provided to you under the terms of this License. To the maximum extent permissible by law our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages shall not exceed (in the aggregate) an amount equivalent to the fees, whether subscription, one-off or otherwise, relating to the Game, actually paid by you to Pipeworks during the twelve (12) months prior to the date of the cause of action first arising.

1. GOVERNING LAW; JURISDICTION; Waiver of Class or Consolidated Actions

This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Oregon, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. End Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.  The Parties further agree that any controversy, claim or dispute arising out of or relating to this Agreement shall be exclusively brought in a state or federal court in the State of Oregon, and you and the Company each submit and consent to the personal jurisdiction of, and venue in, the state courts located in the State of Oregon, and to the federal courts of the United States for the District of Oregon, located in Portland.  You hereby waive your right to participate in a class or consolidated action against Pipeworks and agree that ANY JUDICIAL PROCEEDING INVOLVING THIS AGREEMENT MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND CLAIMS OF MORE THAN ONE END USER CANNOT BE BROUGHT JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER END USER.

1. GENERAL TERMS

1. Assignment.  You may not assign, delegate and/or transfer this Agreement and/or any of your rights or obligations hereunder without our prior written consent.  Your assignment of this Agreement without our prior written consent shall be void.  Pipeworks may assign, delegate and/or transfer this Agreement and/or any of its rights or obligations hereunder without restriction.

1. Severability.  If any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement shall be given full force and effect.

1. Waiver.  Any failure of Pipeworks to enforce or exercise any right or power under any provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you remain obligated to comply with that waived provision in the future, so long as this Agreement is in effect.

1. Force Majeure.  Pipeworks shall not be deemed to be in breach of this Agreement, nor shall you hold Pipeworks responsible for, any cessation, interruption or delay in the performance of Pipeworks’ obligations hereunder due to causes beyond Pipeworks’ reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, pandemic, epidemic, accident, explosion, casualty, act of God, lockout, strike, labor controversy or threat thereof, riot, rebellion, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, terrorism, cyberattack, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of Pipeworks’ business, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.

1. Provision of Service.  Except as expressly set forth in this Agreement, Pipeworks has no obligation to furnish any maintenance and/or support services with respect to the Game.

1. Notices.   Notices to you may be made by posting a notice (or a link to a notice) through the Game, by email, or by regular mail, at our sole and absolute discretion.  Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1. Headings.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

1. Entire Agreement. This Agreement, along with Pipeworks’ other policies referred to herein and incorporated herein by reference, constitutes the entire agreement between you and us relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  

1. Survival.  All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement for any reason.