TERMINI E CONDIZIONI 
These Terms and Conditions (T&Cs) constitute and govern the contractual relationship between Raider Poker, a licensee of EVERLEAF GAMING LTD. (hereinafter "Raider Poker" or "the Company"), and the You (hereinafter "Client", "Subscriber", "Account Holder", "Player" or "User", as the case may be).
Raider Poker 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 Raider Poker site, https://www.raiderpoker.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 Raider Poker (EVERLEAF) for the use of the Site.
2. By making use of the Site, Users do not play with Raider Poker via EVERLEAF but with one or more of the registered participants to the Site by entering into a Gaming Contract with such participant/s. The sole function of Raider Poker is to endeavour to facilitate for players the entering into Contracts with each other by using the Site and in no circumstances does Raider Poker enter into a Gaming Contract vie 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 Raider Poker (EVERLEAF)
tables.
General
4. References in these T&Cs to a "Game" is to any gaming activity presented by Raider Poker 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 Raider Poker
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 Raider Poker
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 Raider Poker, 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 authorised game conducted by EVERLEAF for Raider Poker unless that person
is registered as a player and holds an account with Raider Poker.
10. Raider Poker may register a person as a Player only if Raider Poker
has received from that person an application for registration through a remote
gaming terminal operated by EVERLEAF for Raider Poker.
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 Raider Poker 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 Raider Poker registered in his
name, and to provide to Raider Poker 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 Raider Poker 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 Raider Poker offerings and/or services.
16. Before opening an account or playing Games with Raider Poker,
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 authorised to use any payment card to
undertake transactions related to gaming in general.
17. Subscribers that open a Raider Poker 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 Raider Poker and EVERLEAF
management on the main Raider Site [and any associated Sites], or any
updates.
Maintenance & Termination of Accounts
18. Raider Poker shall, at all times, keep a secure list of all registered players.
19. Each player is allowed to open only one account in one's
own name. Raider Poker 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 Raider Poker 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 Raider Poker, the subscriber
implicitly gives his authorisation 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 Raider Poker.
20. It is the client's responsibility to ensure that their
records with Raider Poker 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 user-name and security details confidential and game made on-line under
Player's user-name 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 Raider Poker
immediately whereupon new details may be forwarded and any future transactions
under the previous details would be considered void.
22. A Raider Poker 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 Raider Poker,
otherwise it shall not be possible to withdraw any wins. Withdrawals from a
EVERLEAF account can only be addressed strictly to the person registered on
the account and as per the conditions specified on the Raider Poker Site.
26. The taxes due on a Player's gaming will be paid by
EVERLEAF for Raider Poker 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 Raider Poker for EVERLEAF of the
error without delay. Any winnings subsequent to the error and prior to the
notification of Raider Poker, whether linked to the error or not, shall be
deemed invalid and returned to Raider Poker.
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. Raider Poker or EVERLEAF reserves 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 Raider Poker and
Raider Poker 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 Raider Poker. Raider Poker or EVERLEAF is 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 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 Raider Poker
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 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 Raider Poker 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 Raider Poker 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) on the Site up to the earlier of :
- the conclusion of a Game;
- player's withdrawal of the offer prior to its acceptance by another participant
- any decision by the Player to suspend and/or cancel his offer if in its absolute discretion EVERLEAF considers it appropriate to do so, having regard to any happening in the course of the Game in question.
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 Raider Poker ("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, Raider Poker and the company 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, organisation 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 Raider Poker.
Gaming Rules
Disputes
40. Neither EVERLEAF nor Raider Poker 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 Raider Poker 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. Raider Poker does realise that for a number of players using the Raider Poker services, English is not their first language and it appreciates the effort made in using the English language as the only language for chatting.
Offensive behaviour & Reporting
45. The Raider Poker Experience is a fun and pleasant experience, 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 Raider Poker 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 Raider Poker and therefore state of the art technology is employed to ensure this.
Anti-Collusion Measures
47. By playing on Raider Poker tables at EVERLEAF, or downloading the software, the Account Holder agrees with the above rules and any other rules mentioned on Raider Poker. This includes the terms listed in the license agreement, available during installation of the company's Client software. Raider Poker and EVERLEAF are committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") to play on Raider Poker Services such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that Raider Poker 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. Raider Poker 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 Raider Poker employees are allowed to play on our Site. EVERLEAF or Raider Poker 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, Raider Poker 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. Raider Poker 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. 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. Raider Poker and 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:
- Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical hazard, registration error, manifest error, Force Majeure and/or any other similar mistake/error;
- Violation of the Raider Poker Rules;
- Criminal Actions;
- Advice, in whichever form this is provided, provided by Raider Poker;
- Financial risk and loss, including, but not limited to variances in exchange rates; and/or
- Legal actions and/or other remedies.
55.
Therefore it is hereby being specified that neither Raider Poker 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. Raider Poker 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 Raider Poker 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 Raider Poker Account or the amount
transferred into or out of the Raider Poker Account, whichever is the lesser.
Miscellaneous Provisions
Intellectual Property
59. The Raider Poker
Site is intended solely for use by Account Holders. In any event, no one is
authorised 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 Raider Poker
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 unauthorised downloading or copying of any material
contained in Raider Poker 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 libelous 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 Raider Poker
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 Raider Poker 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 Raider Poker or EVERLEAF in any manner whatsoever.
Waiver
66. Any waiver by Raider Poker 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. Raider Poker can be contacted by email at support@raiderpoker.com.
Law & Forum
68. This
agreement shall be governed by and construed in accordance with the laws of the
country of Malta
without giving effect to conflicts of law principles. The parties submit to the
exclusive jurisdiction of the country of Malta for the settlement of any
disputes arising out of concerning this agreement. This agreement will not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If any part of
this agreement is found void and unenforceable, it will not affect the validity
of the balance of the agreement, which shall remain valid and enforceable
according to its terms.
69. Raider Poker reserves the right to change the terms and
conditions as it deems fit.
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