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The following terms and conditions constitute an agreement between Players and Everest Poker (herein called House or Management). It is essential that Players read and understand these terms. By installing the House software, registering with the House, opening a Player Account or choosing to play any of the Games, you (herein called Player) are indicating your full understanding and complete acceptance of these terms and conditions.
1.0 Declarations by Player. Player declares and fully warrants the following:
1.1 Legal Age. Player is at least of Legal Age in the jurisdiction in which Player resides or is presently visiting physically (i.e. not "virtually"), and is of not less than 18 years of age.
1.2 Legal Use. By use of House software, Player is not contravening any laws of Player's local Jurisdiction.
1.3 Acceptable Activity. Player does not find the Games, the House, or House websites or software to be offensive, objectionable, unfair or indecent.
1.4 Accurate Information. All Player supplied information in the registration and account management process is true and accurate.
1.5 Personal Use. Player will use House software and Player Account only for Player's own private, personal use and not for any business or commercial use, and not for use by others or as part of a professional or coordinated syndicate. Granting access to your account to any other person, or sharing accounts between multiple people, is strictly prohibited and is grounds for account suspension.
1.6 Risk. Player is fully aware that there exists a risk of losing money when playing games for real money and entirely accepts that risk.
1.7 Valid Funds. The source of funds used by Player for wagering was not obtained illegally and is completely at the disposal of Player, free and clear of all restrictions, obligations or encumbrances. Player agrees that he has complete control and ownership of the funding sources he uses, and that they are not owned or used by any other players.
1.8 Reporting. Player understands that it is Player's responsibility to report any personal income from wagering activity to local tax authorities and that the House will neither make such reports nor withhold any portion of Player earnings to cover tax liabilities.
1.9 Taxes. Player understands Player is solely responsible for payment of any and all taxes, duties and fees on earnings from wagering activity.
1.10 Indemnity. Player shall hold the House, its employees, officers, directors, licencees, service providers, distributors, wholesalers, affiliates, subsidiaries, partners, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of Player's;
- entry, use, or reuse of House websites and software,
- participation in any House promotion or offer,
- entry, use, or reuse of House servers,
- participation in any Games, or,
- the acceptance of any prize, payout or winnings.
1.11 Safeguarding Player Account. Player is solely responsible for his Account transactions and will keep his Account information confidential. Player will not divulge his Account username or password to any third party. Player agrees that under no circumstances will the House be liable for any authorized or unauthorized Account activity.
1.12 Customer Service Communication. Player agrees to receive as-needed email correspondence from Management for the purposes of managing Player's Account and resolving technical or financial issues. These emails will be to address items relating to Player specifically and, occasionally, to address issues concerning the general Player community. Player will maintain in Player Account information an accurate, up-to-date email address for receiving such notices, and acknowledges that it is Player's responsibility to frequently check that email account for messages from Management.
1.13 Optional Communication. Player agrees to receive occasional email correspondence from Management for promotional or survey purposes.
1.14 Acceptance of the Terms. Player fully understands the terms, rules, procedures, conditions and policies related to use of House software and games. Furthermore, Player shall not participate in wagering activity, open, use or reuse a Player Account, use the software, or accept any prize or payout if Player does not fully understand, agree to, become a party to, and shall abide by all policies, rules, regulations, terms and conditions of the House as contained herein and in the Policies sections of House websites.
2.0 Participation in Gaming Activities.
2.1 Right of Refusal. Management reserves the right to refuse to allow any person to play games or make use of the software or servers without giving any reason for so refusing.
2.2 Payment Default. In the event that a Player's authorized payment should subsequently be dishonored in any way, any games placed by the Player are void, and any winnings or Account balance to which he might otherwise be entitled shall be forfeit and will not be paid.
2.3 Individuals Only. Player must play as an individual. Each Player is only allowed to have one account. Any Player determined to be playing as part of a professional or coordinated syndicate, playing on multiple accounts, or in any way in collusion with another Player will be banned, all winnings will be void and all funds in Player's Account will be forfeited.
2.4 Player Misconduct. Management may, at its sole discretion, ban any Player it determines is violating or abusing any House Policies, promotions or privileges. Fraudulent activities which violate our House Policies include, but are not limited to, use of stolen credit cards, chip dumping, forgery, collusion, and false representation of age. The Everest Poker software is for use by humans only. Players who use or attempt to use any process which automates gameplay in any way are subject to immediate forfeiture of their player account. Furthermore, abusive or disruptive language in chat windows or any other House medium or forum is strictly forbidden.
2.5 Use of House Software. House software is licenced and distributed solely for the purpose of enabling legitimate players to participate fairly in the games. Player may use House software for online play only on House servers. Player agrees not to modify, adapt, translate, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of House software or any part thereof or to create, publish or distribute derivative works from the software. Furthermore, use of the House Software for the recording of player activity (data-mining) for the purposes of resale or redistribution is explicitly prohibited.
2.6 Resale Forbidden. Player may not sell or attempt to sell his player account, free chips, Summit Points, tournament tokens, bonuses or any other aspect of his player account to another individual either through the Everest Poker software or through any other online or offline marketplace. Any Player who attempts to sell their player account will lose their ability to participate at Everest Poker and the account in question will be immediately closed and all funds, chips, Summit Points, tournament tokens and bonuses will be forfeited.
2.7 Automated Play. The use of any software, script or other process (such as "robots" or "bots") which automates, attempts to automate, or replaces a human action in any way is strictly prohibited. Player must explicitly indicate each and every action within the Software through the user interface provided by the Software. In the event that Management determines a Player is violating this condition, the account in question will be immediately closed and all funds, chips, Summit Points, tournament tokens and bonuses will be forfeited.
2.8 Unethical External Assistance. Players are prohibited from utilizing an external resource which is designed to provide the Player with an Unfair Advantage over other players. These external resources include third-party software applications and databases as well as websites, web-based databases, subscriptions services and the assistance of any other person regardless of whether or not that person is also a Player. Management defines "Unfair Advantage" to mean the obtaining and/or compilation of any information about other players other than that which the Player has personally observed through Player's own gaming activity. Furthermore, the Player agrees to allow Management to actively pursue the detection and prevention of Unethical External Assistance including, but not limited to, the identification and reporting of software applications running concurrently with the Software.
3.0 Modification, Suspension or Cancellation of Game or Tournaments.
Management reserves the right to modify, cancel or suspend any game or tournament at any time, without giving advanced notice and without providing a reason.
4.0 Telecommunications Service Provider.
The House shall not in any way be held responsible for acts or omissions made by Player's telecommunications service provider through whom Player has gained access to House servers and software. The House shall not be a party to any dispute between Player and any service provider, nor shall any such dispute have any effect on the obligations of Player under this Agreement. Regardless as to the quality of Player's telecommunication service, participation in any game is subject to the Disconnection Policy as outlined in the House Rules.
5.0 Disputes.
5.1 Notification. Player with a dispute or claim must notify Management via email to Player Support within 14 days of the action causing the dispute.
5.2 Invalid Data. Management reserves the right to treat, at its option, any data received from Player which is incomplete and/or corrupted as invalid.
5.3 Data Discrepancy. Player accepts that the House random number generator ("RNG") software will determine the outcome of any deal. The House database documents each and every transaction and game function that takes place on House servers. In the event of any alleged discrepancy between the data which a Player believes has been provided to the House through the client software and the record of the data as it appears in the House database, the record in the House database data shall prevail.
5.4 Decisions. In the event of any dispute regarding a Player's alleged entitlement to receive any winnings or pay any financial obligations, the decision of Management will be final and binding in all respects.
6.0 Participation in Promotions.
In accepting any bonus or promotional offer, Player agrees to abide by and comply with the Standard Bonus Terms and Conditions as defined in the Policies sections of House websites, as well as with any promotion-specific terms outlined in the offer.
7.0 Reviews and Releases.
Management reserves the right to conduct a security review at any time to validate Player's identity, verify financial transactions and further document consent to this Agreement. To facilitate these security reviews, Player agrees to provide supplemental information and identifying documentation as requested. Player will be notified of any such verification request by electronic mail and it is Player's responsibility to maintain an accurate, up-to-date email address in the Player Account information section for the purposes of this communication. Failure to sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization by the specified date may, at Management's discretion, result in Account closure and forfeiture of balances.
8.0 Termination.
Player may terminate this Agreement at any time by notifying Management in writing, provided that Player owes no money to the House for any reason. Upon receipt of termination notice, Player's Account will be closed and the terms of this Agreement shall remain in force for an additional 180 days.
At its sole discretion, Management may terminate this Agreement and the Player's ability to use House software and servers at any time and for any reason, and in particular in case of any activity that may harm the House or other Players including, but not limited to: fraud; abuse of promotions or privileges; misuse of House websites, software or services; or frivolous or unsubstantiated claims.
9.0 Language Discrepancies.
In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.
Acceptance.
This Agreement is deemed accepted and signed by virtue of Player's installation of House software and/or registering with the House to open a Player Account and/or playing any game.
Last Modified: 2008-5-22 |
