Please pay careful attention to these Terms and Conditions of  Use  when using the Site.


The Site is edited by Visiware, a public limited company, with a capital of 2,530,154.58 Euros, registered with the Registre du Commerce et des Sociétés in Nanterre number RCS B 395132947], head office based at 2, rue Troyon, 92310 Sèvres France (hereafter referred to as " Visiware ").

1. Definitions

The terms and expressions identified with a capital letter in the Terms and Conditions have the following meaning, whether used in the singular or plural.

"Terms and Conditions" refers to the current terms and conditions for using the Site ;

"Bonus" : refers to a bonus credited by Visiware to the account of the Player in the conditions as described in article 3.7 ;

"Account " refers to the account assigned to a Player, using the Services in the conditions defined in article 3 below, enabling the Player to play all Games on offer on the Site, including Games involving money. The Account keeps track of the participations and winnings from Games as well as associated bank transactions.

"Content " refers to all information, data, words and contents which may be subject to protection by intellectual property laws, in particular copyright, rights over drawings and models, rights over brands, that the Player makes available to other Users on the Site, in particular in discussion forums;
 
" Game" refers to games offered on the site enabling the player to play alone or against one or more other Players including against one or more players from partner sites. The Games are skills-based requiring Player ability and the outcome of which is not totally dependent on a prize draw or a similar operation ;

"Player"  refers to a person using the Site after having read and accepted the Terms and Conditions  in compliance with with article 2 or article 3 ;

"Participation" refers to any sum committed to by a Player, including that referring to winnings put back into the game, except the Bonus ;

"Game Rules " refers to the specific conditions governing Games, accessible on the Site.;

"Services " refers to services proposed by Visiware directly or via its partners on the Site, including in particular the Games offered and a discussion and social networking service ;

"Site" refers to the Internet site accessible at www.PlayinStar.com and/or any other address with a different extension.

2.Using the Site and Services without setting up an Account

The Player can access the Site without having previously set up an Account on the Site. Browsing the Site and/or using the Services available on the Site signifies acceptance of the Terms and Conditions.

The Player guarantees they are able to contract debt, and in particular that they do not live in a Country where the law prohibits any participation in games such as those proposed on the Site. To this effect, it is the Player"s responsibility to ensure the laws of the Country they live in do not prohibit participation in such Games.

If the Player is under 18 years of age, they must read and understand the Terms and Conditions with a parent or guardian. To participate in Games involving money, the Player must be aged 18 and over or be deemed an adult in terms of the laws of their country and set up an Account in compliance with article 3.1 below.

The Player, having accepted previously the Terms and Conditions, can access a part of the Services and their operations and participate in Games for free, within the limit of a number of games per day and per Player and/or a maximum duration of a game (demo mode). This way, the Player can not participate in Games involving money.

In the event of disagreement with the terms and conditions of the Terms and Conditions, the Player must not use the Site and the Services.

3. Use of the Site and Services by setting up an Account

3.1 Setting up an Account

The Player may only use all the functions and Services proposed on the Site, and in particular participate in Games involving money, after having set up an Account and fully accepting the Terms and Conditions and by providing the information required in the registration form.

The Player guarantees they can contract debt, and in particular that :

• the Player does not live in a Country where the laws prohibit participation in games such as those proposed on the Site. To this effect, it is the Player"s responsibility to ensure the laws of the Country they live in do not prohibit participation in Games ;
• the Player is aged 18 or over  is deemed an adult in terms of the law of their country;
• the Player is not prohibited from playing due to their inclusion on the register, held by the Interior Minister, of persons prohibited from accessing casinos and gambling circles ;
• the Player is not an employee of Visiware, a company of the group Visiware belongs to or an employee of a Visiware partner supplying the Site and Services.

The Player guarantees that the personal details provided by them are complete, accurate and honest and enable accurate identification of the Player. Any personal details which are inaccurate, slanderous, deformed, unlawful, are likely to result in the Player"s Account being closed.
In the event of a change to their personal details (e.g. : change of address, phone number etc.), the Player is required to update their personal details within thirty (30) days following the change.
When registering with the Site, the User selects a username and a password which enable them to access their Account.
The Player is responsible for keeping their username and password secret . The Player is responsible for all actions taken using their username and password. Under no conditions can Visiware be held responsible for any losses suffered by the Player as a result of use of their Account by a non-authorized person, whether this use be fraudulent or not.
The Player is responsible for activating a single Account and being the only person to deposit funds in that Account.

3.2 Withdrawal

The Player disposes of a period of seven (7) clear days from the date their Account was set up to exercise their right of withdrawal without having to justify a reason or pay penalties, except if the Player started using the Services before the end of this period of seven (7) days.
To exercise their right of withdrawal, the Player must follow the procedure to close the Account as described in article 3.8 below.

3.3 Paying into the Account

A secure area enabling the Player to credit their Account is available on the Site. Payments to an Account are done using the services of reliable and reputable companies including ClickandBuy or Paypal
The amounts on the Player Account are in part the Participation and do not gain interest.

3.4 Participations and winnings

The Player must not participate in Games with money which does not belong to them or which may be the result of criminal, illegal, fraudulent or money-laundering activity.
The Player recognizes and accepts that in the context of certain Games, they are likely to lose the amount of money that is their Participation.
The amount of the Participation required to play certain Games is defined in the applicable Game Rules, although this amount must nor exceed twenty (20) Euros. The Player can not lose an amount in excess of the amount of their starting Participation .
The amount of the Participations is capped. To this effect, The Player can not credit their Account with an total amount exceeding two hundred (200) Euros per month.
The Player is advised to fix the maximum amount of their monthly Participation in advance, as well as the amount of losses they deem acceptable.
The amount of winnings depends on the number of Players taking part in the Game. The winnings are credited to the Account of the winning Player within a maximum of twenty four (24) hours after the end of the Game.

Visiware reserves the right to debit the Account of the Player of any amount credited by error to their Account as winnings which are not dueû to the Player.
The Player may view the balance of their Account as well as the history of past Participations and winnings on the Site.

3.5 Commissions

In return for the provision of Services to Players, Visiware charges a commission of between 15 and 25 % (based on the game and the times of year) on the total amount of Participations placed by each Player in the context of a Game.

3.6 Withdrawal of Participation

The Player may withdraw from their Account, at any time, at no cost and without justification, all or part of their Participation, by accessing the Site at the section Home > Profile > Credit my bank
The maximum time allowed for validating withdrawal of the Participation is 5 days.

3.7 Bonus

When a Player opens an Account, Visiware may, depending on the special offers, credit the Bonus of a Bonus amount enabling the Player to participate in Games, with the reserve that this sum may not be withdrawn by the Player.

The Bonus is valid over a limited and defined period. The Player must use their  Participation before being able to use the Bonus.

When the Player withdraws all or part of their Participation, their Bonus is reset to zero.

When a Player participates in the number, or more, of games attached to this Bonus, they have the option of converting this Bonus into Participation.

3.8 Closing an Account

The Player may close their Account at any time, at no cost and without justification, by accessing the Site and going to  the following section : Home > Profile > Credit my bank

The Player is informed that Visiware may close the Account of any User who (i) does not respect the Terms and Conditions, after Visiware contacts the Player by E-mail to resolve the issue and this remains unanswered during a period of ten (10) days from the date the E-mail was sent or, (ii) the Player is prohibited from playing because they are present on the register held by the Interior Minister, prohibiting persons from accessing the services of casinos and gambling circles.

When the Account is closed, Visiware will return to the Player the amounts credited on their Account, except if it is established that these sums are the result of an activity of a criminal, illegal, fraudulent or money-laundering nature. These amounts will be returned to the Player within a maximum period of two (2) weeks from the date the Account was closed. Visiware reserves the right to request any additional information from the Player to confirm their identity.

3.8 Account inactivity

The Account of a Player shall be deemed inactive (i) if the Player does not connect to the Site over a period of at least nine (9) consecutive months or (ii) if there is no financial activity on the Account by the Player over a period of at least six (6) consecutive months. For the requirements of the present article, a financial activity consists of a deposit, withdrawal or Participation.

Visiware reserves the right to close the inactive Account of a Player after first informing them by issuing two (2) terms of notice of a minimum of fifteen (15) days, by E-mail.

Fees for closing an inactive Account are ten (10) Euros or the balance of the Player"s Account if less than ten (10) Euros.

The Player whose inactive Account has been closed by Visiware and whose balance exceeds ten (10) Euros may send a request to Visiware to return amounts deposited on their Account by confirming their identity. This request must be made by E-mail or letter to Visiware. Visiware reserves the right to request any additional information from the Player to confirm their identity. If no request is received by Visiware after a period of two (2) months following the date the Account was closed, Visiware will charge an administration fee of ten (10) Euros per month. In addition, without being an obligation, Visiware shall confirm the Account is closed by sending a message to the Account holder.

4. Technical conditions

Until advised otherwise, the Site is accessible from any location, providing the minimum technical conditions are respected, in particular in terms of access to the Internet network, mobile phone network, to technical compatibilities of the material used. On account of the global nature of the Internet, the Player accepts to comply with all public regulations concerning user behaviour of the Internet and applicable in the country from where the Site is accessed.

The Player is reminded that proper functioning of Services and Games depends on the configuration and performances of the material used by the Player to access the Site and Services and its technical compatibility with the Site. Under no circumstances can Visiware be held responsible for the configuration, performances or technical compatibility of the Player"s material with the Site.

Information on the technical conditions are available in the " Help " section on the Site.

5. Game Rules

All Games available on the Site are subject to Game Rules. Before participating in a Game, the Player must read the applicable Game Rules carefully. In the even they disagree with the terms and conditions of the Games Rules, the Player must not use the Game.

Visiware may modify the Game Rules at any time and will make every effort to inform the Player beforehand via an announcement on the Site. In the event the ù Player does not accept the modifications made to the Game Rules, the Player must not use the Game and they may, if required, terminate their subscription under the conditions contained in article 3.8 of the Terms and Conditions .

6. Results

At the end of each Game, the results are made public on the Site and the Players are informed by E-mail. The results are also available in the section: Home > Profile > My games
The result of a Game depends on the number of Players participating. The Game is finished, and the winner determined, when the last Player participating in the Game has finished playing.

7. Player Commitments

The Player shall use the Site and the Services in compliance with the provisions of the Terms and Conditions.
The Player must use the Site and Services fairly and, in particular, is prohibited from:

• sending unsolicited E-mails of a commercial nature to other users of the Site who have made public their E-mail address, for publicity reasons ;
• using any program, software or codes other than those proposed by Visiware to use Services in view of facilitating the Games, disrupting or preventing the proper functioning of the Site and Services
• carrying out " reverse engineering  ", decompiling, modifying applications or IT codes  in relation to the Site and Services ;
• modifying the Site to introduce viruses, worms, Trojan horses or any IT folder or program designed to interrupt, destroy or limit the functions of any computer or IT network closely, or even remotely, linked to the Visiware activities  ;
  
• any usurpation of identity or any fraudulent action, in particular intentionally losing or making others lose a Game with the aim of gaining a competitive advantage.
  

 If a Player receives an unsolicited E-mail of a commercial nature form another Player, this Player can alert Visiware.

 Visiware reserves the right to inspect the Player"s use of the Site and Services and may, to this effect, put in place tools enabling any attempt at fraudulent or non-authorized activity to be detected.

8. Content Publishing

The Player is responsible for the Content they make available to the public on the Site. Visiware does not check any Content published by the Players.
Every time Contents are displayed, the Player shall respect the applicable legal and regulatory conditions. To this effect, the Player shall display Contents, regardless of type or form on the Site of the following nature:

• those which may seek to justify crimes against humanity or war crimes, Nazism, denials of the existence of recognized crimes against humanity or genocides, violating human dignity 
• of a violent, pornographic or  paedophiliac nature or which are an affront to minors  ;
• an affront to public order or moral ;
• of a defamatory, offensive, extreme, untruthful or slanderous nature towards a third party, an individual or legal entity ;
• constituting an act of counterfeit, unfair competition or parasitism  ;
• of a racist, xenophobic, revisionist nature or damaging the honour or reputation of another, inciting discrimination, hatred or violence towards a person or group of persons due to their origin, sex, marital status, physical appearance, patronymic, state of health, disability, genetic characteristics, morals, true or alleged sexual disposition, age, political dissuasion, unionist activities, true or alleged affiliation to an ethnic group, a nation, race, or religion ;
• violating privacy, or the right to the image of the person ;
• containing viruses, worms, Trojan horses or any IT file or program, intended to interrupt, destroy or limit the operation of any computer or IT network closely or even remotely linked to Visiware activities;
• threatening a person or group of persons ;
•  inciting a criminal act or act of terrorism  ;
•  violating the secrecy of correspondence  ;
•  enabling a third party to obtain, directly or indirectly, pirated software, software enabling acts of piracy and intrusion in IT and telecommunication systems, viruses and other logic bombs and, generally speaking, any software tool or any other designed to harm, in particular, Visiware, its partners, employees, and in general rights of others and the security of persons and property  ;
• not complying with the applicable legal dispositions.

By publishing Content on the Site, the Player authorizes Visiware, its partners, the Players and any third party to use, reproduce and represent the aforementioned Content, in its entirety or part thereof, by all procedures and on all media. This right to use, reproduce and to represent the Content includes the right to modify, adapt, compile or decompile, translate, subtitle, assign sub-licences, and this, not exclusively for the requirements of Visiware, its partners, Players or third parties, for the duration of legal protection conferred on intellectual property and for the whole world.


The Player publishing Content on the Site guarantees Visiware, its partners and other Players the enjoyment and the peaceable exercise of all rights associated with the Content. In particular, the Player guarantees that they are the holder of the rights on the Content made available on the Site or that they have obtained, on behalf of the holders, the rights to all authorizations or rights required to publish the Content on the Site and a use of the Content in the conditions stipulated in the Terms and Conditions.


The Player guarantees Visiware, its partners and other Players against any problems, action, complaint, opposition, claim and eviction of any kind from a third party which would deem that one of the Contents violates their rights, as well as against damage or responsibility incurred while exercising the rights associated with the Contents.

 
If the Player identifies illicit Content on the Site, and wishes to see this Content withdrawn or stop its distribution, the Player is encouraged to draw Visiware"s attention to the matter by sending an E-mail to  : abuse@PlayinStar.com
 
Visiware reserves the right to withdraw any Content including that which has been flagged as being expressly illicit. In the event of notification alerting Visiware of Content constituting justification of crimes against humanity, incitation to racial hatred, or relating to child pornography, Visiware shall inform the relevant public authorities.

In the event a Player presents Content to Visiware as being illicit with the aim of having this Content withdrawn or its distribution stopped while being aware that this information is erroneous, this may incur legal proceedings.

9. Intellectual property

The Player recognizes that the Site and Services are the exclusive property of Visiware or have received prior authorization before being used.

The Player also recognizes and accepts that the Site and its Content, in particular and not limited to, texts, logos, software, music, sounds, photographs, videos, drawings, graphics, or other elements present on the Site, are likely to be protected by intellectual property rights (brands, copyright, drawings and models or patents).

The Player is not authorized to copy, reproduce, distribute all or part of the Site and/or its content or create by-products from all or part of the Site and/or its content without receiving formal and prior consent from Visiware.

The fact that the Player uses the Site and Services in compliance with the Terms and Conditions may not be interpreted as conferring any kind of right associated with intellectual property associated with the Site and Services to the Player.

The Player is prohibited from infringing, directly or indirectly the intellectual property rights of Visiware or its partners.

10. Protection of personal data

In the interest of providing its Services, Visiware collects and processes the Player"s personal data. The conditions of this collecting and processing, as well as the rights of the Player to this effect, are defined in the Charter on the protection of personal data accessible on the site.

11. Responsibility

UNDER NO CIRCUMSTANCES CAN VISIWARE BE HELD RESPONSIBLE FOR THE CONTENT DISPLAYED ON THE SITE BY THE PLAYERS AND WHICH IT HOSTS.

VISIWARE CANNOT BE HELD RESPONSIBLE FOR ANY NON-COMPLIANT USE OF THE CONTENTS BY PLAYERS OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES CAN THE RESPONSIBILITY OF VISIWARE BE CALLED INTO QUESTION DUE TO CONTENTS AVAILABLE ON THE OTHER SITES, PARTNER SITES OR INTERNET SOURCES ACCESSED VIA HYPERLINKS INSERTED ON THE SITE (AND IN PARTICULAR DUE TO PUBLICITY, PRODUCTS, SERVICES OR ANY OTHER INFORMATION).

VISIWARE shall only be held responsible for financial consequences of damages both (i) direct and (ii) foreseeable in the context of the Contract.

VISIWARE shall, under no circumstances, be held responsible for indirect or unforeseeable damages incurred in context of the SITE AND SERVICES as stipulated in articles 1150 and 1151 of the Code Civil (common law), which includes in particular, but not limited to, any lost earnings, loss of turnover or profit, customer losses OR DATA LOSSES.

Visiware is dependant on the quality of the Internet network. Therefore, Visiware does not guarantee a continuous Service and does not ensure the correction of defects observed on the Internet. This way, Visiware cannot be held responsible for any unavailability on the Site, interruption of Games, or any problem connecting or interruption of the connection when using the Site or, more generally, of any disruptions to the Internet, affecting the use of the Service.

Due to the fact that Visiware has no control over the sites of its partners, Visiware informs the Player that Visiware cannot be held responsible for any content, publicity, products, services or any other material available on or from these sites.

12. Suspension of access to the Site or Services

Visiware reserves the right to suspend or permanently refuse a Player"s access to all or part of the Services if the Player does not respect the Terms and Conditions, in particular in the event false, erroneous, outdated or incomplete information is supplied, or, in the event of non-authorized or fraudulent use of Services, without engaging the responsibility of Visiware, after Visiware has contacted the Player by E-mail to try and resolve the issue and this E-mail remains unanswered for a period of ten (10) days from the date this E-mail was sent. Visiware shall inform the Player concerned by E-mail of the suspension of their Account or of their access to the Site and the reasons for this suspension.

13. Modifications

Visiware reserves the right (i) to modify any part of the Services and (ii) to modify the stipulations on the Terms and Conditions and Game Rules.

Visiware shall inform the Player of any modifications made to the Services and/or Terms and Conditions and/or Game Rules by E-mail or by publication on the Site.

In the event the Player does not accept these modifications, the Player may stop using the Site and Services and may close their Account in the conditions stipulated in article 3.8 of the Terms and Conditions .

In the event of a contradiction between the stipulations of the Terms and Conditions and any modification applied, the modifications applied to the Terms and Conditions shall prevail.

14. Warnings

14.1 Precautions to be taken when participating in Games.

The Player shall respect the following rules when using a Game :

• avoid playing if tired or lacking sleep ;
• ensure they play in a well-lit room and turn down the screen"s brightness settings ;
• play at a proper distance from the screen (and as far away as the cable length will allow) ; and take ten to fifteen minute breaks every hour.
  

 In addition, when the Player is taking part in a Game:

•  the Player is advised not to play under the influence of alcohol or medication  ;
•  the Player is advised not to play in a depressed state of mind  ;
  
• or the Player must be aware that they may lose sums of money.
  

14.2 Epilepsy warning

Certain persons are prone to epileptic fits which may involve loss of conscientiousness at the sight of, in particular, certain types of strong lighting: rapid succession of images or repetition of simple geometric figures, flashing lights or explosions.
 
These persons risk suffering a fit when they play certain video games involving such stimulations, even if they have no medical history or have never been prone to epileptic fits themselves.

If the Player or a member of their family has already presented such symptoms linked to epilepsy (fit or loss of consciousness) in the presence of light stimulations, the Player must seek medical advice before use.

Parents must also be particularly attentive to their children when they play video games. If the Player or their child presents one of the following symptoms: dizziness, blurred vision, tight eyes or contracted muscles, loss of orientation, involuntary movements or convulsions, temporary losses of consciousness, they must immediately stop playing and seek medical advice.

 

14.3 Assistance Help with addiction

Visiware provides a prevention and assistance service for the Player, available during office hours. This service can be accessed  via the Chat Hotline or by phone (number available on the site).

The Player is encouraged to contact associations which help fight addiction, if necessary, such as www.adictel.com

 

15. Various

15.1 Agreement of proof

Parties agree they may exchange information required for carrying out the Terms and Conditions on an electronic medium. All electronic communication between the parties is presumed to have the same force of conviction as on paper.

15.2 Tolerance

The fact that one of the parties does not exercise a breach by the other party for any one of their obligations defined in the Terms and Conditions , shall not be interpreted as a waiver of the obligation in question.

15.3 Partial invalidity

In the event of invalidity of a stipulation in the Terms and Conditions or if this stipulation was deemed unwritten, in its entirety or part thereof, in the application of a law or a regulation or following a definitive jurisdictional decision, the other stipulations shall remain in force and preserve their full mandatory force between the parties.

16. Requests for information

For all requests for information about the Site and Services, the Player may contact Visiware. Either by phone during office hours, or via Internet, as indicated on the Site, or by letter to 2, rue Troyon, 92316 Sèvres cede.