The following Terms and Conditions constitute an agreement between you and Everest Gaming Ltd. It is essential that you read and understand this Agreement. By installing House software, registering with Everest Gaming, opening a Player Account or choosing to play any game or place any wager, you are indicating your full understanding and complete acceptance of these Terms and Conditions.

1. 1.0 General

   1.1.

   Scope. These Terms and Conditions apply to your use of any and all Games, Software, Websites and/or Services provided by Everest Gaming LTD.

   1.2.

   Binding Agreement. These Terms and Conditions constitute a binding agreement between you and Everest Gaming LTD.

   1.3.

   Company Jurisdiction. Everest Gaming LTD is a limited liability company incorporated in Malta, and subject to Maltese law, having its registered address at Office 95, Suite A, Dolphin Court A Embassy Way Ta Xbiex XBX1071.

   1.4.

   Gaming License. Everest Gaming LTD operates under a provisional licence and is regulated by Malta's Lotteries and Gaming Authority, provisional licence number LGA/CL1/411/2007LGA/CL3/411/2007.

   1.5.

   Definitions:

   1.5.1.

   You are herein referred to as "you", "your", "Player" or "the Player";

   1.5.2.

   Everest Gaming LTD is herein referred to as "Everest Gaming", "House", "the House", "Management", "we", "us" or "our".

   1.5.3.

   Malta's Lotteries and Gaming Authority is herein referred to as "LGA".

   1.5.4.

   This Agreement is herein referred to as "the Agreement" or "Terms and Conditions" or "T&C" or "these T&C" or "these Terms".

   1.6.

   Player Acceptance. You must read this Agreement carefully in its entirety before accepting its terms.

   1.6.1.

   If you do not agree with any provision of this Agreement you must not use or continue to use any of the Websites, Software or Services provided by Everest Gaming.

   1.6.2.

   This Agreement comes into force as soon as you accept its terms, by doing which you signify to Everest Gaming that you have read all Terms and House policies and accept them in their entirety.

   1.6.3.

   By using any of the Everest Gaming Websites, Software or Services, you signify that you agree with these Terms and will abide by House policies.

   1.7.

   Modifications. Everest Gaming reserves the right to modify and/or amend this Agreement at any time.

   1.7.1.

   Everest Gaming is not obligated to provide advance notice of any modifications or amendments to this Agreement.

   1.7.2.

   When logging in you will be notified of any modifications and amendments to this Agreement. All modifications and amendments to this Agreement will become effective immediately upon being posted in the Policies section of the website. It is your sole responsibility to review this Agreement and its amendments each time you play.

   1.7.3.

   You fully understand and agree to be bound by the terms of this Agreement and as may be amended by Management from time to time.

1. 2.0 Eligibility to use House Websites, Software or Services:

   2.1.

   You may participate in any of the Games, Tournaments, Contests or Wagers if and only if:

   2.1.1.

   You are over eighteen (18) years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence; and

   2.1.2.

   It is legal for you to participate in the Games, Tournaments, Contests or Wagers according to applicable laws in the jurisdiction of your residence; and

   2.1.3.

   You are not resident in Malta. Residents of Malta are not allowed to participate in any game, tournament, contest or wager offered by Everest Gaming.

   2.2.

   It is entirely and solely your responsibility to inquire and ensure that you do not breach laws applicable to you by participating in any game, tournament, contest or wager.

1. 3.0 Player Account:

   3.1.

   Registration and Creation of Player Account

   3.1.1.

   Registration Required. In order for you to be able to place wagers using any of the Websites, you must first register with Everest Gaming and open a real money Player Account.

   3.1.2.

   One Account. You are allowed to have only one Player Account.

   3.1.2.1.

   If you attempt to open or use more than one Player Account, deposits and winnings in all Player Accounts associated with you may be frozen or forfeit and all your accounts are subject to closure.

   3.1.2.2.

   If you notice that you have more than one Player Account under different Login Names, you must notify Management through Player Support immediately.

   3.1.3.

   Identification. You must provide all mandatory information requested by the registration form, in particular, your identity, your address and contact details, including a valid e-mail address, your place of residence, and relevant payment information, all of which must be true and correct.

   3.1.3.1.

   It is your sole responsibility to ensure that the information you provide is true, complete and correct.

   3.1.3.2.

   You are hereby notified that Management carries out verification procedures and your Player Account may be blocked or closed if you are found to supply false or misleading information.

   3.1.4.

   Account Security. As part of the registration process you will choose your Login Name and Password for secure access real money gaming.

   3.1.4.1.

   You must not disclose your login details to anyone.

   3.1.4.2.

   It is your sole and exclusive responsibility to ensure that your login details are kept secure and confidential.

   3.1.4.3.

   Everest Gaming LTD is not responsible for any theft, abuse or misuse of your Player 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.

   Sufficient Funds. You may participate in real money games, tournaments, contests or wagers only if you have sufficient funds in your Player Account for such participation. The House shall not extend any credit whatsoever to Player for participation in any game, tournament, contest or wager.

   3.3.

   Deposit Methods. The House will provide various electronic or online payment methods for depositing funds into your Player Account. Not all payment methods will be available to all players. Refer to the Help section on House websites for details on available payment methods.

   3.3.1.

   No Cash or Deposits by Cheque. The House will not accept cash or cheques by mail for deposits to fund Player Accounts.

   3.3.2.

   Availability. The House reserves the right to add, modify, suspend or discontinue any deposit method at any time, without giving prior notice, on either a system-wide or individual-player basis.

   3.3.3.

   Deposit Limits. The House will impose transactional, daily and monthly limits on deposit amounts, depending on a combination of deposit method, Player transaction history, and Player Account status. See the Help section of House websites for details on deposit limits.

   3.3.4.

   Verification. The House reserves the right to request that Player verify ownership of any deposit method, either before or after a deposit is accepted, and Player agrees to comply with any verification request in a complete and timely manner.

   3.4.

   Withdrawals. The House will provide various paper, electronic or online payout methods for withdrawing funds from your Player Account. Not all payout methods will be available to all players. Refer to the Help section on House websites for details on available payout methods.

   3.4.1.

   No Cash Payouts. The House shall not payout funds from any Player Account in cash.

   3.4.2.

   Availability. The House reserves the right to add, modify, suspend or discontinue any payout method at any time, without giving prior notice, on either a system-wide or individual-player basis.

   3.4.3.

   Withdrawal Limits. The House will impose transactional, daily and monthly limits on withdrawal amounts, depending on a combination of deposit method, payout method, Player transaction history, and Player Account status. See the Help section of House websites for details on withdrawal limits.

   3.4.4.

   Verification. The House reserves the right to request that Player verify ownership of any deposit or payout method, either before or after executing any withdrawal request, and Player agrees to comply with any verification request in a complete and timely manner.

   3.5.

   Dormant Player Accounts.

   3.5.1.

   Inactive Account. A Player Account will be classified as Inactive if there has been no Login for 365 consecutive days. At that point the Account will be suspended and login will be disabled. Thereafter Player must contact Player Support to request reactivating the Account, and Player may be asked to verify his identify and account ownership in order to regain access.

   3.5.2.

   Abandoned Account. A Player Account that has been Inactive for 30 consecutive months shall be declared Abandoned. At some point during those 30 months, Everest Gaming will make a good faith effort to locate the Player. If the Player cannot be located and verified, the House will remit any remaining balance in the Account to the LGA in Malta.

1. 4.0 Declarations by Player. The Player declares and fully warrants the following:

   4.1.

   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.

   4.2.

   Legal Use. By use of House software, websites or services, Player is not contravening any laws of Player's local Jurisdiction. Player is not resident in the following countries: Malta, United States of America, Israel, Turkey.

   4.3.

   Acceptable Activity. Player does not find the Games, the House, or House software, websites or services to be offensive, objectionable, unfair or indecent.

   4.4.

   Accurate Information. All Player supplied information in the registration and account creation and management process is true and accurate. Player will immediately notify the House of any subsequent changes in Player contact or billing information through updates to the appropriate forms in the My Account section of the software.

   4.5.

   Personal Use. Player will use House software, websites and services 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 Player Account access to any other person, or sharing accounts between multiple people, is strictly prohibited and is grounds for account suspension or closure and forfeiture of all balances.

   4.6.

   Risk. Player is fully aware that there exists a risk of losing money when playing games or placing wagers for real money and entirely accepts this risk.

   4.7.

   Valid Funds. The source of funds used by the Player for wagering was not obtained illegally and is completely at the disposal of the Player, free and clear of all restrictions, obligations or encumbrances. Player agrees that Player has complete control and ownership of the funding sources Player uses, and that they are not owned or used by any other players at any Everest Gaming website, software or service.

   4.8.

   Reporting. Player understands that it is the 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.

   4.9.

   Taxes. Player understands Player is solely responsible for payment of any and all taxes, duties and fees on earnings from wagering or gaming activity.

   4.10.

   Safeguarding Account. Player is solely responsible for Player Account transactions and will keep Player Account information confidential. Player will not divulge Player Account Login Name or Password to any third party. Player agrees that under no circumstances will the House be liable for any Player Account activity, regardless as to whether or not such activity was authorized by Player.

   4.11.

   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 contact information section, 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.

   4.12.

   Optional Communication. Player agrees to receive occasional email correspondence from Management for promotional or survey purposes. This optional correspondence can be stopped by Player with an opt-out request. However, if Player opts-out, Player acknowledges that Player is ineligible to receive the promotions, bonuses and rewards that are offered through these emails.

   4.13.

   Fair Play. Player agrees to participate in games, tournaments, contests and wagers in a fair and honorable manner. Player will not be involved in any fraudulent, collusive, or unlawful activity in relation to Player's or any third parties' participation in any game, tournament, contest or wager. Player will not use any hardware- or software-assisted methods or techniques to gain an unfair advantage over the House or other players, or otherwise play in an unfair or dishonorable manner.

   4.14.

   Courteous Play. Player agrees to participate in any and all Everest Gaming venues and environments in a courteous and respectful manner. Player will refrain from making rude, obscene or offensive comments to other players or Everest Gaming personnel.

   4.15.

   Acceptance of the Terms. Player fully understands the terms, rules, procedures, conditions and policies related to use of House software, websites and services. Furthermore, Player shall not participate in wagering activity, open, use or reuse a Player Account, use House software, websites or services, 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.

1. 5.0 Responsible Gaming

   5.1.

   Our Commitment. Everest Gaming is committed to safe, enjoyable online entertainment. However, we recognize that a minority of players can develop unhealthy gambling habits. While problem gambling is not easily detected, we have implemented a number of measures to help address the problem.

   5.2.

   Player Responsibility. To keep online gaming a fun, entertaining form of recreation, Everest Gaming urges all players to:

   • Establish what constitutes an acceptable loss before starting to play games for real money.
   • Never wager with real money if:
     • They are younger than the legal gambling age;
     • It interferes with work or other responsibilities;
     • They are in recovery for addictive disorders or dependencies;
     • They are under the influence of alcohol or other substances;
     • They are attempting to make up for prior gaming losses.
   • Make sure online gaming is something they want to do, rather than need to do.
   • Stop playing when it stops being fun.

   5.3.

   Setting Limits. For instructions on setting time and loss limits, please refer to the Help section of House websites, or click here.

   5.4.

   Contact Player Support. Players who suspect they may have a gambling problem must contact Player Support immediately so we may work together on a course of action, which may include anything from setting tighter deposit or loss limits to banning of deposit methods and closure of Player Account.

   5.5.

   Players may send a written notice or electronic notice to Player Support.

   5.5.1.

   Set a limit on the amount the player may wager within a specified period of time.

   5.5.2.

   Set a limit on the losses the player may incur within a specified period of time.

   5.5.3.

   Set a limit on the amount of time the player may play in any one session.

   5.5.4.

   Exclude the player from playing for a definite or indefinite period of time.

   5.6.

   Players who have set a limit or exclusion may change or revoke the limit or exclusion by written notice or electronic notice. A notice increasing or revoking a limit or decreasing the exclusion has effect only after seven days after the licensee has received the notice. A notice reducing a limit or increasing the exclusion has effect immediately after it is recieved by the licensee.

   5.7.

   A licensee shall not accept a wager from a player contrary to a limit or exclusion set by the player under this regulation.

1. 6.0 Participation in Real-Money Gaming Activities.

   6.1.

   Right of Refusal. The House reserves the right to refuse to allow any person to participate in any gaming activity.

   6.2.

   Payment Default. In the event that a Player's authorized payment should subsequently be dishonored in any way, any wagers placed by the Player are void, and any winnings or Account balance to which Player might otherwise be entitled shall be forfeit and will not be paid.

   6.3.

   Individuals Only. Player must play as an individual.

   6.3.1.

   Each Player is only allowed to have one player account with Everest Gaming, encompassing all House software applications, websites and services.

   6.3.2.

   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 any other player will be banned, all winnings will be void, all funds in Player's Account and all associated accounts will be forfeited, and all Player financial obligations (such as credit card charges) will still be due and collectable.

   6.4.

   Player Misconduct. Management may, at its sole discretion, ban any Player it determines is violating or abusing any House Policies, promotions or privileges.

   6.4.1.

   Fraudulent activities which violate House Policies include, but are not limited to, use of stolen or falsified credit cards or account numbers, chip dumping, forgery, collusion, and false representation of age.

   6.4.2.

   House software, websites and services are for use by humans only. Players who use or attempt to use any computer, software or process which either constitutes an unfair playing advantage or automates game play in any way are subject to immediate forfeiture of their Player Account.

   6.4.3.

   Furthermore, abusive or disruptive language in chat windows or any other House medium or forum is strictly forbidden.

   6.5.

   Use of House Software, Websites and Services. House software, websites and services are licenced and distributed solely for the purpose of enabling legitimate players to participate fairly in the games, tournaments, contests and wagers offered by Everest Gaming.

   6.5.1.

   Player may use House software and websites for online play only on House servers.

   6.5.2.

   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 or websites.

   6.5.3.

   Furthermore, use of House Software, Websites or Servers for the recording of player activity (data-mining) for the purposes of resale or redistribution is strictly prohibited.

   6.6.

   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 House 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 Gaming sites and the account in question will be immediately closed and all funds, chips, Summit Points, tournament tokens and bonuses will be forfeited.

   6.7.

   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 or Websites through the user interface provided by the Software or Websites. 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.

   6.8.

   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.

   6.8.1.

   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.

   6.8.2.

   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.

   6.8.3.

   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 or Websites.

1. 7.0 Modification, Suspension or Cancellation of Games or Tournaments.

Management reserves the right to modify, cancel or suspend any game, contest, wager or tournament at any time. Any effected wagers, buy-ins or fees paid in advance of cancellation will be refunded.

1. 8.0 Participation in Promotions.

   8.1.

   In accepting any bonus or promotional offer, Player agrees to abide by and comply with the 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.

   8.2.

   Abuse or misuse of bonuses, points or other promotion offers are grounds for closing Player Account and forfeiture of any balances or winnings.

   8.3.

   Management reserves the right to selectively offer promotions, bonuses and special invitations to a subset of players. Management is not obligated to disclose the criteria by which players are selected for such offers, nor to extend the offer to any player outside the chosen subset.

1. 9.0 Telecommunications Service Provider.

   9.1.

   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, websites and software.

   9.2.

   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.

   9.3.

   Regardless as to the quality of Player's telecommunication service, participation in any game, contest, tournament or wager is subject to the Disconnection Policy as outlined in the Policies sections of House websites.

1. 10.0 Reviews and Releases.

   10.1.

   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.

   10.2.

   To facilitate these security reviews, Player agrees to provide supplemental information and identifying documentation as requested.

   10.3.

   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 contact information section for the purposes of this communication.

   10.4.

   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.

1. 11.0 Other Rules and Policies.

   Everest Gaming has additional rules and policies which are by reference included as part of this Agreement, and to which the Player is subject and will faithfully abide. These include the following:

   11.1.

   Game and Betting Rules. Refer to the Official Rules section of any House website for details on that website's game and betting rules.

   11.2.

   Bonus Terms and Conditions. Refer to the Bonus Terms section of House websites for details.

   11.3.

   Privacy Policy. Refer to the Privacy Policy section of any House website for details.

1. 12.0 Disputes and Complaints.

   12.1.

   Notification. Player with a complaint, dispute or claim must notify Management via contact with Player Support within 14 days of the action causing the issue.

   12.1.1.

   Player must provide complete and accurate details along with Player identity and contact information.

   12.1.2.

   Everest Gaming will use its best efforts to resolve a reported matter promptly.

   12.2.

   Invalid Data. Management reserves the right to treat, at its option, any data received from Player which is incomplete and/or corrupted as invalid.

   12.3.

   Data Discrepancy. Player accepts that the House random number generator ("RNG") software will determine the outcome of any deal, spin or other wager action not predicated on live events. 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 or websites and the record of the data as it appears in the House database, the record in the House database data shall prevail.

   12.4.

   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.

   12.5.

   Regulatory Body. If Player is not satisfied with the resolution offered by Everest Gaming, Player may contact LGA for a review of the issue:

   Lotteries and Gaming Authority
   La Concorde, Abate Rigord Street
   Ta' Xbiex MSD 12, Malta
   Telephone: +356 21316590/1/3/4
   Email: complaints@lga.org.mt

1. 13.0 Limitation of Liability.

   13.1.

   Player Assumes All Risks. You enter the Websites and participate in the games, tournaments, contests and wagers at your own risk. The Websites, Software and Services are provided without any warranty whatsoever, whether expressed or implied.

   13.2.

   House Limitations. Without prejudice to the generality of the preceding provision, Everest Gaming LTD, its employees, officers, directors, licensees, service providers, distributors, wholesalers, affiliates, subsidiaries, partners, advertising, promotion or other agencies, media partners, agents and retailers:

   13.2.1.

   Do not warrant that the Websites, Software and Services are fit for their purpose;

   13.2.2.

   Do not warrant that the Websites, Software and Services are free from errors;

   13.2.3.

   Do not warrant that the Websites, Software and Services will be accessible without interruptions;

   13.2.4.

   Shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to Player's use of the Websites, Software and Services or participation in any game, tournament, contest or wager.

   13.3.

   Indemnity. Player hereby agrees to fully indemnify and hold harmless Everest Gaming LTD, its employees, officers, directors, licencees, service providers, distributors, wholesalers, affiliates, subsidiaries, partners, advertising, promotion or other agencies, media partners, agents and retailers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to Player's:

   
   

   • entry, use, or reuse of House software, websites or services;
   • participation in any House promotion or offer;
   • entry, use, or reuse of House servers;
   • participation in any game, contest, tournament or wager; or
   • the acceptance of any prize, payout or winnings.

1. 14.0 Termination.

   14.1.

   Breach. If Player should breach any provision of this Agreement or if Management has reasonable grounds to suspect that Player has breached them, Everest Gaming reserves the right to block, suspend, or close Player's Account, withhold payment of any winnings and apply such funds on account toward any damages or financial obligations incurred by the Player.

   14.1.1.

   Player acknowledges that Management shall be the final decision-maker of whether Player has violated House policies or this Agreement in a manner that results in Account suspension or permanent barring from participation in all games, tournaments, contests or wagers.

   14.2.

   Termination by Player. 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.

   14.3.

   Termination by Management. At its sole discretion, Management may terminate this Agreement and the Player's ability to use House software, website, services 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.

1. 15.0 Severability.

   If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be severed from the Agreement and all other provisions shall remain in force unaffected by such severance.

1. 16.0 Assignment.

   16.1.

   Everest Gaming LTD reserves the right to assign or otherwise lawfully transfer this Agreement.

   16.2.

   Player shall not assign or otherwise transfer this Agreement to any other player or entity.

1. 17.0 Applicable Law and Jurisdiction.

   This Agreement is governed by the Laws of Malta and the parties submit to the jurisdiction of the Maltese courts.

1. 18.0 Language Discrepancies.

   This Agreement is published in a number of languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between the Player and Everest Gaming LTD. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.

1. 19.0 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 or participating in any contest, tournament or wager.

Last Modified: 2008-12-29