Virgin Gaming

Virgin Gaming: Terms & Conditions

The Virgin Gaming promise is simple: to provide online console gamers of all skill levels with the chance to play the best games for the biggest prizes. In order to ensure fair play, and that every member is treated with the respect they deserve, these are the rules of the game. These are our terms and conditions of service (“T&Cs”). Abide, and we’ll keep you. Break them, and you’re out.

Binding Terms and Conditions

1.1 Terms and Conditions Binding

By registering for an account and becoming a member to participate in any game or tournament offered on VirginGaming.com ("the Site") you confirm your knowledge of and agreement to be bound by the most current version of these T&Cs. Virgin Gaming may modify these T&Cs at any time, without advance notice. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these T&Cs periodically for any modifications. As set out in more detail below, THE SITE RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM VIRGIN GAMING REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE TERMS AND CONDITIONS OF SERVICE, AT ANY TIME WITHOUT NOTICE. Please note that if a member’s account is closed due to a violation of the T&Cs, Virgin Gaming reserves the right to determine how the member’s account balance will be distributed.

1.2 Governing Law and Disputes

These Terms and Conditions will be governed and construed in accordance with the laws of Ontario, Canada, irrespective of any principles of conflicts of law.

You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the courts located in Ontario, Canada, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3. Entire Agreement

These T&Cs, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and Virgin Gaming and cannot be modified by you or any person affiliated, or claiming affiliation, with the Site.

1.4. Severability

If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

ELIGIBILITY AND RESTRICTIONS ON PARTICIPATION

2.1 Eligibility

In order to register and maintain an account on the Site, an individual must:

a) be a natural person, at least 18 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form;
b) be a citizen or resident of a country where skilled gaming is legal (as may applicable from state to state within a given country) (the “Territory”);
c) by physically located in a Territory in which participation in the tournament you select on or site is unrestricted by law; and
d) at all times comply with these T&Cs.

All registered account holders may play free or non-prizing tournaments on the Site. Members from certain Territories may choose to fund their accounts and also play entry-fee or cash tournaments. Virgin Gaming is under no obligation to, and does not, accept funded accounts from members in all Territories and may at any time refuse to permit the funding of a member’s account.

Additional Information for US Citizens and Residents The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, not by the federal government. As such, Virgin Gaming CAN NOT, and therefore DOES NOT, offer fee-based tournaments or games with prizes to residents of the following states: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament or game offered on the Site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these T&Cs, and subject to having your account suspended or terminated and all winnings (if any) voided.

2.2 Information Required

Upon registration and/or during the processing of transferring funds into your account, you are required to provide the following information:

• an alias that will be your username,
• a password
• your e-mail address
• birth-date
• full-name
• permanent residential address
• phone number
• credit card or other payment information

The information you provide must be a true representation of your credentials. If Virgin Gaming determines you are registering with purposely incorrect information, Virgin Gaming reserves the right to close your account. Virgin Gaming also reserves the right, in its sole discretion, to change and/or suspend/terminate offensive usernames. Make it fun if you like, but keep it clean. Please note that the minimum deposit is $20.

2.3 Legality and Taxes

You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Site, and are solely responsible for obeying those laws. You agree Virgin Gaming is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

2.4 Proof of Eligibility

Virgin Gaming may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by Virgin Gaming of any withdrawal request. Participants may, at their option, pre-register their identification at any time prior to submitting a withdrawal request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO VIRGIN GAMING, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER’S ACCOUNT. For accounts that are terminated due to non-eligibility, funds previously deposited to the account will be refunded to the account holder.

2.5 Accuracy of Information

You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes or winnings to which you may have otherwise been entitled.

2.6 Limitations on Participation

You are only permitted to have one active account on the Site. Virgin Gaming reserves the right to monitor any effort to establish multiple accounts; in the event it is discovered that you have opened more than one account, all accounts will be closed without notice. Virgin Gaming reserves the right to deny access to anyone, including, but not limited to, those members who use proxy servers and/or IP addresses residing in certain geographical areas.

The Site may impose dollar amount limitations on the transactions in which you engage to fund your activities on the Site. Virgin Gaming reserves the right to limit your activity on the site in any way it deems appropriate, in its sole discretion. The Site reserves the right to set expiration dates or other limits on all promotional or bonus funds or credits, including entry-fee bonuses or credits and prize credits, applied to your account.

2.7 Accounts for Individual Use Only

You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with these T&Cs, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under a member’s account will be deemed to have been done by that member.

2.8 Violation of the T&Cs and Abuse: Liability

Any member who displays behaviour which may be interpreted as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), harassment of other participants, posting of objectionable material, any breach of these T&Cs, or any breach or attempted breach of the security of your account or the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access, the voiding of any funds and winnings, in the case of money laundering, disclosure to the appropriate authority, and civil or criminal prosecution at the sole discretion of Virgin Gaming.

BY REGISTERING AND/OR PARTICIPATING IN ANY TOURNAMENT OR GAME OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD VIRGIN GAMING, ITS AFFILIATES, AND THEIR EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM OR FOR ANY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING LEGAL FEES) ARISING FROM ANY USE OF YOUR ACCOUNT BY ANY PERSON.

PRIVACY

3.1 Privacy Policy

Virgin Gaming will not intentionally disclose any personally identifying information about you (including information submitted during registration or ID checks, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to provide the services of the Site, comply with the law or other contractual provisions of the Site, or to enforce these T&Cs or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 3.2. Virgin Gaming reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Virgin Gaming utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- or game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences under the Edit Profile section of the website. View the Site's full Privacy Policy.

3.2 Express Consent for Business Purposes and Promotional Activities

By registering for an account, you agree that Virgin Gaming may display your username and tournament records and other information collected through the Site. By accepting any prize from Virgin Gaming or the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.

3.3 Third Party Payment Processors

Virgin Gaming uses third-party electronic payment processors and financial institutions ("Payment Processors") to process deposits and withdrawals into and from your Account. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize Virgin Gaming to instruct such Payment Processors to handle Account deposits and withdrawals from your Account as reasonably required to provide you the services of the Site and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the Virgin Gaming site, or via instructions to Customer Care. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these T&Cs and the Payment Processors' terms and conditions, then these Terms of Service shall prevail. You agree that Virgin Gaming is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Virgin Gaming site.

3.4 Submissions

If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

GAMES

4.2 Skilled Gaming for Prizes

Each member acknowledges that the outcome of the matches and tournaments offered on the Site are directly related to the number of members participating, and the skill levels of each member participating. Virgin Gaming does not comment or have knowledge of the probability of one member winning a match vs. another member, and makes no representations about an individual member’s chances of winning.

Prizes are generally cash amounts, which are deposited directly into winners' accounts. The cash value of prizes offered in Limited Entry tournaments will be disclosed at the beginning of such tournaments. If a Limited Entry tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will still be paid. Except where otherwise noted, in all tournaments with actual cash entry fees, the Site retains a predetermined portion of the aggregate total as a management fee.

4.3 Determination of Winners

The results and winners of each tournament offered on the Site will be determined by Virgin Gaming, and such determinations are final. By registering and/or participating in any tournament, you agree to be bound by these determinations.

4.4 Game play

The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game. You may not (a) gain unauthorized access to the Site's systems or any account (other than your own), interfere with the communications, procedures or performance of the Site or deliberately damage or undermine the Site, (b) affect the outcome of your online game play on your platform by means of or with the assistance of automatic, macro, bots, automated programs, screen analysis utilities, any type of mods, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Site, or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution. The Site, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek criminal and/or civil prosecution to the greatest extent possible.

4.5 Head to Head Play:

Posting a challenge: You agree to appoint Virgin Gaming as your agent for the communication of posted challenges; and for receipt of communications matching your challenges. Posting a challenge means that the challenge is open for acceptance by the Site's community.

You do not challenge the Site, you only challenge other users who are registered to use the Site's service. The Site does not accept challenges on our own behalf under any circumstances.

The Site will only allow you to post a challenge if you are in compliance with the T&Cs. If the Site allows you to post a challenge and subsequently suspects that you are in breach of this agreement, we may, at our absolute discretion, void any challenges outstanding to your account and terminate your account.

You are entirely responsible for the information that you provide us concerning the challenge you post. We will not inquire into the reasonableness of any challenge you may post. We will not be liable for incorrect entries made by you on the Site, including data input errors.

Once you have posted a challenge, you agree to leave that challenge open for acceptance, subject to termination of the offer by us or your valid cancellation/removal of the offer. The Site may determine, at our absolute discretion, when the Site is open for the posting of challenges and may close the Site at any time at our absolute discretion.

4.6 Accepted Challenges:

When you accept a challenge as posted on the Site, you are not challenging with the Site but with other registered users who use the Site. Once you have accepted a challenge, you constitute full acceptance of the challenge terms and your commitment to play in that game. You will have up to one hour prior to the scheduled match time to cancel the challenge. Virgin Gaming reserves the right to cancel your match and retain your entry if you fail to play your scheduled game. By accepting a challenge, you expressly state that you have read and understood the nature of the challenge and the terms under which each member will execute the challenge.

ACCOUNT FUNDS

5.1 Deposits

To participate in a cash-entry match or tournament, you must have funds in your account. You may use any funds that Virgin Gaming may have already awarded you for promotional purposes, or you can transfer funds into your account by any of the methods permitted by the site from time to time. Such funds will be deposited into your account upon actual receipt of funds by Virgin Gaming. Minimum and maximum limits may be applied to the payments into your account, depending upon your history with the site, the method of deposit, and other factors as determined solely by Virgin Gaming. Virgin Gaming reserves the right to impose or change these dollar amount limitations at any time. No interest is payable on amounts on deposit in your account. All payments into your account must be from a payment source on which you are the named account holder. Virgin Gaming also reserves the right to require you to confirm or validate any or all deposits previously made to your account. You acknowledge that in the case of a dispute, your validation may be used by Virgin Gaming as evidence of your deposits.

Any attempt to defraud the Site and/or Virgin Gaming through the use of Credit Cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.

5.2 Entry Fees and Prizes

When a member participates in a Cash Game, the entry fees for such Cash Games are immediately deducted from such member's account balance. These funds paid by the member represent a payment to the Company made solely for facilities provided by the Virgin Gaming site for the setting up and management of the Cash Game. By participating in a Cash Game and paying this fee to Virgin Gaming, each member acknowledges that these funds are held by the Company for such services and that the member grants an irrevocable authority to pay the winner of the Cash Game the prize associated with such Cash Game.

Members must also be aware that the total entry fees paid by members in any given Cash Game are not paid out as prizes as Virgin Gaming retains part of the entry fees as a service fee on all Cash Games played. This fee allows for the continued service and maintenance of the Virgin Gaming site and the development of additional features and content for the Virgin Gaming site in the future. The amount of the prize (or prizes) for each Cash Game is displayed in the "Jackpot" field of the challenge card and varies depending on the Cash Game being played, the size of the entry fees, the number of prizes and the number of people playing in the Cash Game or Tournament. At present, the cash prizes in each game or tournament represent 88% of the entry fees, although this is subject to change from time to time by the Virgin Gaming without notice to you.

5.3 Withdrawal Requests

Members may request a withdrawal of funds from their available cash account balance in their Account at any time. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. Withdrawing privileges will also be revoked for security purposes when account fraud is suspected.

The minimum withdrawal is $20 U.S. or the member's entire balance (if less than $20 U.S.). All withdrawals are subject to a withdrawal fee (“Withdrawal Fee”) of $3 USD for withdrawals requested via PayPal, and $6 USD for withdrawals requested via cheque.

Withdrawal of funds will be based on how you've deposited funds into your account in the past. If you have previously deposited via Credit Card, Debit Card, PayPal or ClickandBuy, your card(s) and/or account will be refunded in the amount of and order by which previous charges have been made. Any balance that exceeds your previous deposit amounts will be sent to you via your requested manner.

Please ensure that any prepaid MasterCards or prepaid Visas that you may use to make transfers to and from your Account are active.

Most withdrawal requests through Credit Card, Debit Card, PayPal, or ClickandBuy should be in your account within 5-10 business days. If you do not receive your withdrawal within 10 business days, please contact customer support at support@VirginGaming.com.

Cheques will be mailed within 10 business days. Members may also go to their Transaction History on the Virgin Gaming site to see the status of checks pending. All cheques will be mailed to the current address reflected on the member's account. If a check is returned to Virgin Gaming (due to an incorrect address or any other reason) the member's account will be suspended and the member will be contacted by email.

The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Virgin Gaming's members. In the ongoing pursuit of prevent fraudulent behaviour and account hijacking, Virgin Gaming reserves the right to require the account member or Credit Card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the member. Withdrawal payments will not be made until such verification is received; if Virgin Gaming has not received verification within 10 days, the withdrawal request will be cancelled, the account in question will be suspended, and the member will be contacted by email.

Your winnings are awarded to you in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded to you are your sole liability.

*Please note: Initial registration Bonus, withdrawal restrictions apply: (1) limit one bonus per household; (2) limit one bonus per PSN ID/gamertag; (3) must participate in a minimum of three tournaments and/or head-to-head matches totaling at least the bonus amount; (4) bonus not withdrawable for 45 days; (5) general site Terms and Conditions apply.

5.4 Inactivity Policy

For any account that has been dormant, Virgin Gaming reserves the right to assess a maintenance fee of $2.00 per month from the remaining balance on deposit. A dormant account is any account in which the member has not logged on to the Site in three consecutive months. The inactivity fee will commence on the day after becoming dormant until the player’s balance is depleted to zero

5.5 Currency

All references to dollars or "$" on the site are references to U.S. dollars (USD). All transactions (including entry fees, deposits and withdrawals) will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Virgin Gaming and we recommend that you contact your financial institution directly for more information.

INTELLECTUAL PROPERTY RIGHTS PROTECTED

6.1 Acknowledgment of Proprietary Rights

By registering for an account and/or participating in any tournament or game offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned or held by Virgin Gaming and third parties. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Virgin Gaming neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, Virgin Gaming makes no warranties or representations as to its accuracy. Virgin Gaming assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to Virgin Gaming by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and tournaments, are registered and unregistered Trademarks of Virgin Gaming and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Virgin Gaming or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Virgin Gaming will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.

SITE RULES OF CONDUCT

7.1 Chat, Message Board, and eMessage Policy

Rules of Conduct:

• The Site reserves the right to temporarily or permanently ban members who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas.
• The Site reserves the right to remove any posts for any reason.
• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
• Impersonating other members is not allowed.
• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
• Advertising or promotion of other companies or URLs is not allowed.
• Please limit posting to the subject of the Site's games, message board or site.
• Do not share personal information (your name, phone number, home address, password) with others on the site.
• No advertising of any kind is allowed in messages.
• No copyrighted materials are allowed in messages.
• Information disclosed in the Site chat rooms, message boards, or via eMessages becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.
• Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.

7.2 Member Feedback Policy

While using the Site, and as a continuing condition of your use of the Site, you agree to comply with the Site's policy on feedback. Abuse of the Site's feedback system undermines the integrity of the feedback system and decreases trust within the community. The Site is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback, therefore the member would be responsible for it. There are limited occasions when the Site will remove feedback comments. The Site will remove feedback ratings and comments if they meet the standard for feedback abuse or members mutually agree. Feedback that meets any of the circumstances below is feedback abuse and may be subject to removal. Feedback that doesn't meet any of the reasons outlined below will not be removed:

• Virgin Gaming is provided with a valid court order finding that the feedback is libelous, slanderous, defamatory or otherwise illegal.
• The feedback comment contains profane, vulgar, obscene, or racist language or adult material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed.
• The feedback comment contains personal identifying information about another member, including real name, address, phone number, or e-mail address.
• The feedback comment contains links or scripts.
• Feedback left by members who are indefinitely suspended for certain policy violations or are in violation of the Terms and Conditions.

If members suspect that feedback left for them is in violation of the Site's feedback policy and constitutes as abuse, they are encouraged to email feedback@VirginGaming.com to report this violation. The Site will also offer the opportunity to withdraw feedback if both members mutually agree to the removal of a specified comment or feedback rating. Both members must email feedback@VirginGaming.com.

7.3 Anti-Spam Policy

Virgin Gaming prohibits any activity commonly referred to as "Spam". Members who are reported and whose claims of "Spam" are validated by Virgin Gaming, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Virgin Gaming. Additionally, any winnings (if any) may be voided at the sole discretion of Virgin Gaming. Virgin Gaming defines "Spam" as:

• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
• Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);
• The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
• Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a "Final" warning and will prevent the member from continuing their abusive "Spamming" behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings. The Site reserves the right to lift the suspension of a member at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to feedback@VirginGaming.com. Please refer responsibly. Our legal team is quite busy and charges by the hour.

VIRGIN GAMING POINTS

8.1 Virgin Gaming Points (earning, winning & redemption)

Virgin Gaming Points (“VG Points”) are loyalty reward points awarded to members in good standing at Virgin Gaming. Points can be earned for completing a variety of member gaming and site activities VG Points may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of Virgin Gaming administrators for any behaviour they deem warranted at any time.

A member’s Virgin Gaming Points balance will appear on their personal home page.

The USD value of a Virgin Gaming Point is zero. The Virgin Gaming Points program and member balances can be cancelled at any time at the absolute discretion of Virgin Gaming.

Virgin Gaming Points are loyalty reward points awarded to members in good standing at Virgin Gaming. Points can be earned for completing a variety of member gaming and site activities. Here is the most recent list of earning opportunities:

Site Activity	Virgin Gaming Points
Register an Account	50
Make your first deposit	250
Each additional deposit of $30 or more	100
Add your first friend	5
Refer a cash player	50
Upload avatar	5
Play a game with a friend	5
Bounce back from a loss (three losses, same title)	25
Every additional game title played on the site	25

TERMINATION

9.1 Account Termination

The Site reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.

By registering for an account and/or participating in any tournament or game offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.

If applicable, all charged monies (deposits), less entry fees and withdrawals, will be returned to the member. All winnings (if any) may be voided at the sole discretion of the Site.

Any person whose access has been suspended or terminated may not re-register for, or re-access, the Site without our prior written consent. You are responsible for everything that is done on or through your account while you are a member of the Site.

9.2 Forfeiture and Account Suspension/Termination

As described in the Code of Conduct, the Company is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member. We are also committed to ensuring that the Virgin Gaming environment is an enjoyable place to work and play. We reserve the right to take immediate action in the event that we believe a member is failing to observe the terms of the Code of Conduct.

As described below, if you are found to be violating the Virgin Gaming Code of Conduct, we may suspend or revoke your account, or the funds in your Account, void your scores, change your feedback, seize funds in your Account to repay members who you have cheated against and/or commence civil and criminal legal proceedings against you. Virgin Gaming may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

Virgin Gaming reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term of these T&Cs; (ii) you are participating in any attempt to defraud Virgin Gaming or the Site through the use of Credit Cards or other methods of payment, regardless of the outcome; (iii) you have failed to honour legitimate charges or requests for payment, or you have 'charged back' or denied any of the purchases or deposits that you made to your Account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.

For breaches of the T&Cs (including the Codes of Conduct) that are deemed by Virgin Gaming, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their Account suspended at the discretion of Virgin Gaming. Repeat offenders will be deemed to be intentionally violating the Terms of Service.

If you are suspected of having violated the Code of Conduct, Virgin Gaming reserves the right to suspend your Account, including any access to the Virgin Gaming site, or freeze the funds in your Account and any Account balance or withdrawals pending for up to six months while an investigation shall occur.

9.3 No Waiver Implied

The failure of Virgin Gaming to enforce at any time any of the provisions of these T&Cs, or the failure to require at any time performance by you of any of the provisions of these T&Cs, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Virgin Gaming to enforce each and every such provision thereafter. The express waiver by the Virgin Gaming of any provision, condition or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

9.4 Termination

You are entitled to close your Account at any time by contacting Customer Support. Virgin Gaming will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been effected by us. Virgin Gaming is entitled to terminate these T&Cs immediately on notice (or attempted notice) to you at the email address you have provided Virgin Gaming.

LIMITATION OF LIABILITY

10.1 General Disclaimer

BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OR GAME OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT NEITHER VIRGIN GAMING NOR THE SITE IS LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

Virgin Gaming assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

10.2 No Warranty

ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

Although Virgin Gaming intends on making the site available 24 hours per day, seven days per week, there can be no assurance that the site will be available without interruption. Virgin Gaming reserves the right to cancel, terminate or suspend the site in whole or in part at any time.

10.3 Hacking, Tampering, or Unauthorized Access

By registering for an account and/or participating in any tournament or game offered on the Site, you agree that Virgin Gaming is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.

Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

Any attempt to participate in any tournament or game offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.

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