Terms and Conditions for vsjack

1 May 2012

Please read these terms of use carefully before using this website.

1. General

1.1 These terms and conditions are a legally binding agreement between you and Scope Pay LTD (vsjack, or we, or us, or our) in respect the websites and games accessible from the domain names www.vsjack.com and www.vsjack.net (Websites) and by participating in any of the games on these Websites you confirm that you agree to these Terms and Conditions.

1.2 vsJack is owned and operated by Scope Pay LTD with official office at Stron House, 100 Pall Mall, London, UK through its wholly owned subsidiary In Scope NV with its official office at E-Commerce Park, Vredenberg, Curacao

1.3 The Software and Games are offered by In Scope NV, a company incorporated in the Netherlands Antilles, having its registered office being at E-Commerce Park, Vredenberg, Curaçao. It operates the games under the license number 8048/JAZ and is regulated in the Netherlands Antilles.

1.4 Adult users of all skill levels who are situated in a jurisdiction where online games involving skill are permitted by applicable laws can use our proprietary gaming software to participate in online interactive games for play money or for real money from the Websites.

1.5 Your use of the Websites constitutes your agreement to be bound by these terms and conditions in full. If you do not accept these terms of use in full, you must leave the Website you have accessed immediately.

1.6 These terms and conditions apply to any information or content posted by you in our Websites or on the forum at forum.vsjack.com (Postings) and your use of proprietary gaming software (Software);

1.7 You may not play any of the games available at the Websites unless you confirm that each time you access any of the Websites:

1.7.1 You are at least 18 years of age, or of at least the minimum permitted age for participating in such activities if you are situated in a jurisdiction that stipulates a minimum age restriction that is greater than 18 years;

1.7.2 It is legal to do so from the jurisdiction where you are situated.

1.7.3 You are not resident in Curacao, Italy, France, Spain or U.S.A. or any jurisdiction where your participation would be in conflict with any applicable law;

1.8 You acknowledge and agree that:

1.8.1 You play the games offered at the Websites entirely at your own risk;

1.8.2 You may only access our servers to participate in and to play the Games using a unique player ID (Player ID) and password (Password) chosen and to be kept secret by you;

1.8.3 we may amend or vary these terms of use at any time and with immediate effect by updating this web page and it is your responsibility to check this web page each time you visit a Website to review the then current terms of use which you agree to be bound by;

1.8.4 We may seize and you may forfeit any money standing in or owed to your account if we suspect that money credited to your account is or may become subject to a chargeback or if you engage in any form of cheating, collusion with others, or fraud of any kind.

1.8.5 All decisions regarding opening, maintaining and closing players’ accounts rests with us and any decisions we take regarding any aspect of the Software, your participation in or the playing of the Games or any aspect of a player’s account (including without limitation whether you have engaged in any prohibited activities) is final.

1.9 We reserve the right to remove or censor in any way we see fit any content or material you have added to our forum, found at forum.vsjack.com

2. Intellectual property rights

2.1 You acknowledge that all intellectual property rights in the Content, Software and the Games anywhere in the world are owned by us or the relevant licensors and are or may be protected by copyright, trademarks, service marks, patents and other proprietary rights and protections.

2.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

3. Your account

3.1 Registration

3.1.1 In order to participate in vsjack’s games you must first register an account with vsjack.

3.1.2 We have the right to appoint payment solution providers to act, receive and/or pay funds on behalf of us.

3.1.3 You are only allowed to have one account on the Website. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.

3.1.4 You can open an account by filling out the registration form and submitting it to vsjack online. vsjack reserves the right to refuse to open an account for whatever reason.

3.1.5 It is your sole responsibility to ensure that the information you provide is true, complete and correct and you hereby represent and warrant to us that the information provided is true, complete and correct. You may be requested to provide vsjack with documents, such as a copy of Your passport or other identification documentation. Your account may be blocked or closed if you do not provide requested information or documents or if such information or documents you provide is/are found false or misleading.

3.1.6 vsjack is not responsible for any abuse or misuse of Your Member Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.

3.2 Deposits into your account

3.2.1 You may participate in real money games when you have sufficient funds in your account for one buy in at a table.

3.2.2 You can only use the payment methods we have provided to fund your account. All information you enter during this process you verify is true and that you have the rights to use any funds you deposit in your account at vsjack.

3.2.3 Depending on the method selected for deposits, such deposits can incur charges. We reserve the right to pass these charges on to you. Your bank or other payment service provider may independently charge you for bank wire transfers and other methods of payment.

3.2.4 All payments made to vsjack will be credited to your account in Euros. Please note that any exchange premiums or charges are payable by You.

3.2.5 When using a credit or debit card for depositing funds, Your funds only be available to you when we have received an irrevocable approval and authorisation code. Should we not receive such approval and code your account will not be credited with those funds.

3.2.6 Credit balances in your account will not bear interest.

3.2.7 You confirm that the money you deposit into your account is not tainted with any illegality and, in particular, does not originate from any illegal activity.

3.2.8 You understand that by participating in the games at vsjack you take the risk of losing money deposited into your account.

3.3 Account administration

3.3.1 Any deposit made by you into your account will be held for you until you select to buy in at a table on vsjack. vsjack will then hold that amount until you leave the table and adjust your balance based on the result from your hands played at that table.

3.3.2 Your funds are always kept separate from any operational funds so as to be available to you for playing at vsjack or for cashing out. They are kept in a separate account.

3.4 Cash outs from your account

3.4.1 You may withdraw any amount up to the “Available to Withdraw” balance in your account by requesting to do so on the Website.

3.4.2 vsjack products are consumed instantly when playing. Thus, vsjack can not provide returns of goods, refunds or cancellation of your service when playing. If you play with real money the money will be drawn from your account instantly.

3.4.3 For your protection in any twenty-four hour period You may only withdraw the maximum amount of EUR 2 000 unless a larger amount has been agreed with vsjack.

3.4.4 We reserve the right to credit your account using the same method you deposited with and may request identification documents for any withdrawal.

3.4.5 Before any withdrawals are processed, your play may be reviewed in order to identify any fraud, collusion or cheating surrounding your, or any players related to your, play while at vsjack. We reserve the right to freeze and confiscate any funds earned through such methods of play.

3.4.6 If vsjack by mistake credits your account with funds that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain the property of vsjack and the amount will be removed from your account. If prior to vsjack becoming aware of the mistake you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available by law or otherwise, the amount paid by mistake will constitute a debt owed by you to vsjack. In the event of an incorrect crediting, you are required to notify vsjack immediately by email.

3.4.7 In relation to deposits and withdrawals of funds into and from Your Member Account, You shall only use funds, credit card and other financial instruments that are valid and lawfully belong to You.

3.5 Closing your account

3.5.1 You may close your account at any time and we will return any and all funds from your account subject to the deduction of relevant withdrawal charges.

3.5.2 The method of repayment will be at our absolute discretion.

3.5.3 We reserve the right to close your account and to refund your "Available to withdraw" balance, subject to the deduction of relevant withdrawal charges, at our absolute discretion and without any obligation to state a reason or give prior notice.

4 While playing on vsjack

4.1 Where we consider there to have been a system failure affecting a tournament or a hand which prevents the tournament or hand from completing, we will declare that tournament or hand void and any outstanding bets will be returned to your account.

4.2 The following uses of vsjack are prohibited 

4.2.1 Collusion between players by any method is strictly forbidden. We reserve, in addition to other measures, the right to restrict seating and/or to prohibit you from participating in a particular tournament or playing at a particular table, including restricting two or more players from playing together at the same table or in the same tournament.

4.2.2 We prohibit the use of external player assistance programs which are designed to provide an "unfair advantage" to players. These programs include computer software (other than the game client provided by us), and non-software-based databases or profiles (e.g., web sites and subscription services). In this clause an "unfair advantage" is gained where a player accesses or compiles information on other players beyond that which the player has personally observed through the player’s own game play.

4.2.3 The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with vsjack and our Software. All actions taken in relation to the games offered by vsjack by you must be executed personally by you through the user interface accessible by use of the Software.

4.2.4 In the event that we suspect or discover that you have breached these terms of use, cheated or otherwise engaged in fraudulent, unlawful, dishonest or improper activity while using the Software, including without limitation, engaging in any of the activities described above or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, we shall be entitled to take such action as we see fit. This might include denying you access to the games at vsjack, terminating your account with us, seizing and forfeiting all monies held in the relevant account held with us, disclosing such information (including your identity) to banks, credit card companies and/or any person or entity that has the legal right to such information, and/or taking legal action against you.

4.2.5 You are prohibited from submitting to us or making any unlawful, obscene, libelous, defamatory, threatening, or other comments, content or material that would violate any law, via the Software (online chat), online forums or in correspondence with our staff. We reserve the right to deal with such behavior as we see fit.

4.2.6 You are prohibited from impersonating any person or entity, including, but not limited to an official of our company or from falsely stating or otherwise misrepresenting your affiliation with a person or entity.

4.2.7 You are prohibited from posting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" or any other form of solicitation via the Software, online chat, online forums or in correspondence with our staff or other players.

4.2.8 You are prohibited from posting, via the Software (online chat), online forums or in correspondence with our staff, agents or sub-contractors any material that contains (or provides links to) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scams).

4.2.9 You are prohibited from begging for money (real or play) while playing at or observing any of our tables. Violation may result in the suspension or termination of your account.

4.2.10 You are prohibited from harassing any player on our site. Such harassment may result in the suspension or termination of your account. Harassment includes, but is not limited to, following a player across multiple tables, using threatening language, and making racial or sexual comments.

4.2.11 All conversation at an active ring game or tournament table must only be conducted in English. Conducting chat conversations with other players or observers in a language other than English may result in the suspension of your chat privileges.

4.2.12 User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

4.3 The Website and the games found therein are intended solely for your personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances are you permitted to use your real money account at vsjack for any purpose other than for playing our games. Before you play at vsjack you are responsible to verify the laws on gambling which govern your use of the Software in order to determine restrictions and act in accordance thereto. You must provide full and truthful information regarding your legal name and identity when such information is requested by us. Youmay not have more than one account with at the Website. Violators of this rule are subject to an account review, which may result in the suspension or termination of all accounts.

5 No warranties

5.1 The Content, Software, the Games and all Third Party Content is provided on an “as is, as available” basis and without any guarantees, representations, conditions or warranties of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, conditions and warranties (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for these terms of use, might have effect.

5.2 We shall not be obliged to correct nor shall we be liable for any errors, omissions or defects that may from time to time be present or manifest themselves on the Content, Software or Games or any other content, materials, information, advertisements, services and software accessible from or made available on any of the Websites (including without limitation any Postings).

5.3 Whilst we endeavour to ensure that the Websites are normally available 24 hours a day access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable if this is the case.

5.4 We reserve the right to decline access to the Websites from certain IP addresses.

6 Liability

6.1 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive, special, consequential or incidental loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use, inability to use or the results of use of the Content, the Software, the Games or the Third Party Content, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or any third party links available from the Websites or from your downloading any Content or Third Party Content.

6.2 To the extent that we shall fail to limit our liability under clause 6.1, our maximum liability shall be no greater than €100.

6.3 Nothing in these terms of use shall exclude or limit our liability for:

6.3.1 death or personal injury caused by negligence, or

6.3.2 fraud, or

6.3.3 misrepresentation as to a fundamental matter, or

6.3.4 any liability which cannot be excluded or limited under applicable law.

6.4 If your use of Content, Software, the Games or Third Party Content results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

7 Anti-money Laundering Reporting

7.1 If You become aware of any suspicious activity relating to any of games on the Website, you must report this to vsjack immediately.

7.2 vsjack may suspend, block or close Your Member Account and withhold funds if suspicions of money laundering occur in accordance with any applicable Prevention of Money Laundering Act.

8 Applicable Law and Dispute Resolution

8.1 vsjack is operated under the laws and regulations of Netherlands Antilles. Users agree that the courts of Netherlands Antilles will have the exclusive jurisdiction over any dispute or claim relating to these T&C.

9 Severability

9.1 If any part of this Agreement is held to be invalid by law, the remaining parts of this Agreement shall remain in force unless the deletion of such invalid part results in a fundamental change to the rights or obligations of a party.

10 Assignment

10.1 vsjack reserves the right to assign or otherwise lawfully transfer this Agreement. You will not have the right to assign or otherwise transfer this Agreement without vsjack’s prior written consent.

11 Entire Agreement and Admissibility

11.1 This Agreement constitutes the entire agreement between you and vsjack with respect to the Website, save for the case of fraud, it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and vsjack with respect to the Website.

11.2 A printed version of this Agreement and of any notice given in electronic form shall 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.