VisualPoker TERMS & CONDITIONS

These Terms and Conditions (T&Cs) constitute and govern the contractual relationship between VisualPoker, a licensee of EVERLEAF GAMING LTD. (hereinafter "VisualPoker" or "the Company"), and the You (hereinafter "Client", "Subscriber", "Account Holder", "Player" or "User", as the case may be).

VisualPoker operates under remote gaming license No LGA/CL1/230/2005 from the Malta Lotteries & Gaming Authority (LGA or Governing Authority) issued to EVERLEAF Ltd, a company duly registered in Malta (C-37136).

These T&Cs are composed of the following main sections:
·    General
·    Software
·    Game Rules
·    Security Rules
·    Disclaimer & Limitation of Liability
·    Miscellaneous Provisions

1.    Use of the VisualPoker site, https://www.visualpoker.com ("the Site") and the information, materials and links in it, is solely upon the terms and conditions set out below (the "Terms and Conditions" or "T&Cs") which constitute the entire agreement between the User and VisualPoker for the use of the Site.

2.    By making use of the Site, Users do not play with VisualPoker via EVERLEAF but with one or more of the registered participants to the Site or to other Sites operating within the Everleaf Gaming network by entering into a Gaming Contract with such participant/s. The sole function of VisualPoker is to endeavour to facilitate for players the entering into Contracts with each other by using the Site and in no circumstances does VisualPoker enter into a Gaming Contract via EVERLEAF with User.

3.    A "Gaming Contract" refers to all gaming activities and actions carried out by a player with another one or more participant(s) of the Site when playing and using the VisualPoker tables.

General

4.    References in these T&Cs to a "Game" is to any gaming activity presented by VisualPoker via EVERLEAF on its Site for the benefit of the Users and as approved by the Governing Authority.

5.    The User must read the T&Cs before making use of this Site. Mere use of Site and / or opening of an account with EVERLEAF for VisualPoker is an acknowledgement that the User has read, understood and agrees to be bound by the T&Cs. EVERLEAF Ltd reserves the right to change, amend or add to these rules as it deems fit by giving no further notice other than posting the most update and current rules on the Site. Any changes shall be deemed effective as soon as they are accepted by the Governing Authority and posted on the Site and User shall be deemed to have consented to them by continuing to use the services on the Site after such effective date. If User does not agree with the T&Cs (including any changes) User must not use the Site.

6.    The rules herein are effective as of 28.11.2005. The subscriber must be familiar with all the rules herein and confirms unreserved acceptance of said rules upon account registration. All games played on the VisualPoker Site are duly subject to the rules as specified in this document.

7.    These T&Cs apply to everyone to whom EVERLEAF Ltd provides Services. In conjunction with these T&Cs, certain Rules specific to individual games as well as Software Use Agreements may be applicable and any such rules shall be published on the Site and shall be deemed incorporated into our T&Cs.

Opening of Accounts

8.    A "Player's Account" means a record kept by EVERLEAF for VisualPoker, which record shall at all times be accessible to the player, which shows the player's credit, taking into account all wagers placed and all prizes won by such player and any other debits or credits as may be permitted by law or approved by the LGA.

9.    No person shall be allowed to participate as a Player in an authorized game conducted by EVERLEAF for VisualPoker unless that person is registered as a player and holds an account with VisualPoker.

10.    VisualPoker may register a person as a Player only if VisualPoker has received from that person an application for registration through a remote gaming terminal operated by  VisualPoker.

11.    Through the application process the Player shall submit details on his age, identity, place of residence and a valid e-mail address.

12.    To be able to play on the VisualPoker Site, a deposit account must necessarily be opened. Upon opening an account, the Account Holder will be assigned code numbers and/or passwords that are required to access the account. The account subscriber is responsible for ensuring that said codes and/or passwords are kept secret. By registering with the Site, Subscriber agrees to maintain an account with EVERLEAF for VisualPoker registered in his name, and to provide to VisualPoker details of his debit or credit card from which funds will be credited to Player's account as Player may from time to time decide.

13.    If VisualPoker or EVERLEAF becomes aware that a Subscriber has provided false information in this respect, EVERLEAF shall not register such person and where that person has already been registered, EVERLEAF shall immediately cancel that person's registration as a player.

14.    No person under eighteen years of age may be registered as a player and any funds deposited or any money won by any such persons shall be forfeited to the LGA.

15.    No person who is resident in Malta may open an account, play, or in any other way participate in the VisualPoker offerings and/or services.

16.    Before opening an account or playing Games with VisualPoker, it is each Player's responsibility to ensure that they comply with their own local laws regarding gaming, access to and use of gaming sites, payment of taxes and other general laws and regulations involved in Player's act of gaming. Internet gambling may be illegal in the jurisdiction in which Player is located and in such case, Player is not authorized to use any payment method to undertake transactions related to gaming in general.

17.    Subscribers that open a VisualPoker Player's Account are knowledgeable of and accept all the definitions and conditions as specified in these rules. It is the account subscriber's responsibility to read all the policies, messages, news and other material posted by VisualPoker and EVERLEAF management on the main VisualPoker Site [and any associated Sites], or any updates.

Maintenance & Termination of Accounts

18.    VisualPoker shall, at all times, keep a secure list of all registered players.

19.    Each player is allowed to open only one account with EVERLEAF GAMING NETWORK. VisualPoker and EVERLEAF retain the right to close a player account at any time and to cancel all the transactions pertaining to any player that has registered more than one account in his own name or under different names, in the event that VisualPoker or EVERLEAF have reason to suspect that the registration of said multiple accounts has been undertaken with the intent of defrauding or cheating.
By opening an account with VisualPoker, the subscriber implicitly gives his authorization to the processing of any personal data in compliance with the privacy laws in force in Malta. The processing of personal data is exclusively managed to the end of account maintenance for use of the services as offered by EVERLEAF for VisualPoker.

20.    It is the client's responsibility to ensure that their records with VisualPoker are kept up to date, especially address, telephone number and payment/bank details.

21.    It is the client's responsibility to ensure they keep their username and security details confidential and game made on-line under Player's username and security details will be regarded as valid, irrespective of who participates in the game. In the event that there is concern that the secrecy of such details is no longer the case, Player should notify VisualPoker immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void.

22.    A VisualPoker Account does not accrue interest. All payments to and from the player's Account must be paid in the currencies available on the Site from time to time and all payments into Player's Account must be from a payment source on which Player is the named account holder.

23.    If the Account Holder does not access the Account by "logging in" using his Account name and security details for a period of four calendar months, his account shall be deemed to be "Inactive". At the discretion of EverLeaf, an inactive account may have its username and nickname recycled. EverLeaf is not obliged to give any further justification for this action or notification to the player prior to the account being made inactive.

24.    Winnings will be credited to the Player's Account following confirmation of the final result.

25.    Any expense related to withdrawal requests shall be charged to the receiver. In the event that a subscriber has increased his gaming account by sending a fax copy of the transfer receipt related to a postal money order or bank transfer, the date shown on the receipt must coincide with the payment date into the EVERLEAF bank account on behalf of VisualPoker, otherwise it shall not be possible to withdraw any wins. Withdrawals from an EVERLEAF account can only be addressed strictly to the person registered on the account and as per the conditions specified on the VisualPoker Site.

26.    The taxes due on a Player's gaming will be paid by EVERLEAF for VisualPoker within the Republic of Malta, however any other taxes due by the Player on winnings will be payable by the Player in accordance with the rules and regulations of the country where he is bound to pay tax.

27.    Should funds be credited to a Player's Account in error, it is the client's responsibility to notify VisualPoker of the error without delay. Any winnings subsequent to the error and prior to the notification of VisualPoker, whether linked to the error or not, shall be deemed invalid and returned to VisualPoker.

28.    Players may only use their own credit / debit card in their own account. Any deposits made using another individual's credit / debit card will be refunded and any games played with funds from such card will be deemed void.

29.    VisualPoker and/or EVERLEAF reserve the right to close down any account without notice or reason. In these cases the balance on the account shall be returned to the player. The same applies to any amounts won by the Account Holder on any running games.

30.    Any Account Holder is entitled to close his Account and terminate this Agreement at any time via email or LiveChat with VisualPoker and VisualPoker will respond within a reasonable time. Provided that the Account Holder shall be responsible for activity on his Account until such closure has been effected by VisualPoker. VisualPoker and/or EVERLEAF are entitled to terminate this Agreement immediately on notice (or attempted notice) to the Account Holder at the email address that was provided to the Company. Where the Company has terminated the Account as a result of a failed Security Review, any Account Balances in the player's Account are non-refundable and deemed forfeited.

31.    Player understands and accepts that neither VisualPoker nor EVERLEAF is unable to provide them with any legal advice or assurances and that it is their sole responsibility to ensure that at all times they comply with the laws that govern them and that they have the complete legal right to play the games. Any participation in the games is at their sole option, discretion and risk. By playing the games, they acknowledge that they do not find the games or services to be offensive, objectionable, unfair, or indecent in any way.

 Contracts

32.    A Player enters into a Gaming Contract with another one or more participant(s) of the Site or other Sites operating within Everleaf Gaming network on such terms and conditions as the Player and such other participant(s) agree through the Site and so long as the Player has sufficient funds in his VisualPoker account.

33.    Each time the Player enters into a Gaming Contract, the terms thereof will be recorded on the Site. Once a Gaming Contract is entered into neither Player not the other party or participant thereto will be able to change any of its terms and each one of them agrees that such information as is recorded by EVERLEAF for VisualPoker shall constitute the terms of each Gaming Contract.

34.    Each offer made by a Player to enter into a Gaming Contract will be open for acceptance by another participant(s) up to the earlier of :

35.    When a Player posts on the Site his willingness to enter into a Gaming Contract or by indicating on the Site his acceptance of the offer of some other participant to enter into a Gaming Contract, Player irrevocably authorizes EVERLEAF to effect each such Contract on the basis that Player will be supplied with no details of the identity of the participant(s) who is the other party to each Contract nor will such participant receive any details about Player.

Software end-User License

36.    The Account Holder may install and use the computer programs EVERLEAF makes available for VisualPoker ("Software") on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for the Account Holder's own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which the Account Holder is the primary user and in accordance with and acceptance of the "End-User License Agreement" to  which is incorporated in the software installation process and which is to be accepted by any User prior to downloading of the software.

True Random Number Generator

37.    The Account Holder accepts and agrees that the true random number generator ("TRNG") determines the outcome of every game. In the event of a discrepancy between the result showing on the software and the gaming server, the result showing on the gaming server shall be the official and governing result of the game. Account Holder understands and agrees that EVERLEAF and  VisualPoker records shall be the final authority in determining the terms of his participation in the games, the activity resulting from there and the circumstances in which they occurred.

Intellectual Property

38.    The Software's structure, organization and code are the valuable trade secrets of the Company and/or its group of Companies and/or its licensors. The Account Holder obtains no rights to the Software except to use it in accordance with this Agreement. Save as expressly permitted by law, the Account Holder is strictly prohibited from, and agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. The Account Holder agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

Other

39.    The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the Games by a User must be executed personally by players through the user interface accessible by use of the Software. Player agrees that EVERLEAF may take steps to detect and prevent the use of prohibited Automatic Programs at VisualPoker.

Gaming Rules

Disputes

40.    Neither EVERLEAF nor VisualPoker will consider any claims or disputes on games to be valid unless said games are directly registered in the EVERLEAF database files or records.

Objections

41.    Objections or complaints concerning the operation of games have to be presented before the starting of the game that is subject to said objections or complaints.

Results

42.    Once games have finished, their result cannot be changed nor cancelled. EVERLEAF and VisualPoker retain the right to accept, to not accept or to partially accept games results.

Winnings

43.    The printout of a game that has been played is not considered to be a receipt of the winnings. A game shall be considered as having been won if it is listed on the player's games list.

Chatting Rules

44.    VisualPoker does realize that chatting can be carried out by players outside the VisualPoker Chat window. Therefore, players may use any language they desire for communicating in the Chat window.

Offensive behavior & Reporting

45.    The VisualPoker Experience is aimed to be fun and pleasant, therefore any abusive and obscene language is not tolerated and Players who insist on using offensive language will have their Chat blocked.

Game Integrity

46.    Only the player can see the cards that he holds during a game.  None of the officers or managers in the VisualPoker and EVERLEAF back-office can monitor live playing hands and the hands and histories can only be checked after they have been played. Ensuring game integrity is top priority for VisualPoker and therefore state of the art technology is employed to guarantee this.

Anti-Collusion Measures

47.    By playing on VisualPoker tables at EVERLEAF, or downloading the software, the Account Holder agrees with the above rules and any other rules mentioned on VisualPoker. This includes the terms listed in the license agreement, available during installation of the company's Client software. VisualPoker and EVERLEAF are committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") to play on VisualPoker Services such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that VisualPoker deems that enables Player to have an unfair advantage over other players. The Account Holder acknowledges that the Company will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and the Account Holder agrees not to use any AI Software and/or any such programs.

48.    Collusion between players is strictly forbidden. VisualPoker and EVERLEAF reserve, in addition to other measures, the right 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.

Fraudulent Activity

49.    The Company has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in the Company's sole determination, the Account Holder is found to have cheated or attempted to defraud the Company or any other user of any of the Games in any way including but not limited to game manipulation or payment fraud, or if the Company suspects the Account Holder of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to suspend and/or close the player's Account and to share this information (together with his identity) to other online gaming Sites, banks, credit card companies, and appropriate agencies.

Company Employees

50.    Neither EVERLEAF nor VisualPoker employees are allowed to play on VisualPoker  Site.  EVERLEAF or VisualPoker employees, or anyone else having access to inside information (for example: complete hand histories, playing histories, money transaction histories, and similar) are not allowed to play in money games or tournaments. This is to prevent any potential abuse of inside information at the tables.

Competitions and Promotions

51.    Parts of the Site may from time to time contain competitions, promotions, tournaments or similar and related activities offered by EVERLEAF, VisualPoker or by third parties. Any specific additional terms and conditions for participation in any such competitions, promotions, tournaments or similar and related activities will be specified on the relevant part of the Site from time to time ("Terms of Participation"). By entering or participating in the relevant competitions, promotions, tournaments or similar and related activities, Player agrees to be bound by those Terms of Participation in addition to these Terms and Conditions and in the event of any conflict or inconsistency, the Terms of Participation will prevail. VisualPoker and EVERLEAF specifically retain the rights, at any time and without notice, to remove, alter or add to competitions, promotions, tournaments or similar and related activities on the Site without liability to Player.

Disclaimer & Limitation of Liability

52.    VisualPoker and /or EVERLEAF Ltd shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by its website or its content, including, without limitation, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Site or it's content, or any errors or omissions in content.

Content of the Website

53.    VisualPoker and/or EVERLEAF make every effort to maintain the accuracy of the information on this website but cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information.

54.    No responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:

55.    Therefore it is hereby being specified that neither VisualPoker nor EVERLEAF makes representation, pledge or warranty (either explicit or implicit, including but not limited to warranties for accuracy, fitness of purposes or non-infringement) that the Content is accurate and/or suitable for any particular purpose other than in so far as those warranties which cannot be expressly excluded under the governing law of these Terms and Conditions.

56.    Use of this Website is entirely at the Account Holder's risk. The Website and its Content is provided on an ‘as is' basis.

Legal Compliance

57.    Account Holders are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. VisualPoker accepts no responsibility for any action taken by any Authority against any account holder.

Limitation of Liability before a Court of Law

58.    In the event that VisualPoker or EVERLEAF is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over EVERLEAF, then EVERLEAF's liability is limited to the amount recorded in the VisualPoker Account or the amount transferred into or out of the VisualPoker Account, whichever is the lesser.

Miscellaneous Provisions

Intellectual Property

59.    The VisualPoker Site is intended solely for use by Account Holders. In any event, no one is authorized to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the Content of the Site.

60.    The display of any trademarks, including the VisualPoker or EVERLEAF TM (registered Community Trademark No 004576088) does not grant any user of the Site a license of any kind to use it.

61.    Any unauthorized downloading or copying of any material contained in VisualPoker as well as the design of the Website itself may be considered as a violation of applicable intellectual property rights within the European Union.

62.    The Site may only be used for lawful purposes. Use of the Site for transmission, distribution, publication or storage of any material on or via the Site which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Site or the transmission, distribution, publication or storage of any material on or via the Site in a manner or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law. It is solely for you to establish whether your registration with VisualPoker and use of the Site and/or your entry into a Gaming Contract with other Players (or your offering so to do) is lawful. It is also solely your responsibility to ensure that use by you of your credit or debit card for such purposes is lawful.

General

63.    These T&Cs are not intended to create any partnership, agency or joint venture between VisualPoker or EVERLEAF and "Client", "Subscriber", "Account Holder", "Player" or "User".

Severability

64.    If any provision contained in these T&Cs shall be held by any court or other competent authority to be void or unenforceable in whole or in part, these T&Cs shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

Headings

65.    Headings are intended for clarity and to facilitate reading of these terms and conditions. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind VisualPoker or EVERLEAF in any manner whatsoever.

Waiver

66.    Any waiver by VisualPoker or EVERLEAF of any breach by any User of any provision of these T&Cs shall not be considered as a waiver of any subsequent breach of the same or any other provision of these terms and conditions.

Contact Information

67.    VisualPoker can be contacted by email at support@visualpoker.com.

Law & Forum