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Perrie Juran wrote:


First of all, see all comments between mine and yours.

But since you asked,

"Affidavits may be written in the first or third person, depending on who drafted the document. If in the first person, the document's component parts are:
  • a
    commencement
    which identifies the "affiant of truth",
    generally stating that everything is true, under penalty of perjury, fine, or imprisonment;
  • an
    attestation
    clause, usually a
    , at the end certifying the affiant made oath and the date; and
  • signatures of the author and witness.

If
an affidavit is notarized or authenticated, etc, etc"

Pay attention to that big word "if" in the last line.  It does not say "required."

Now can you show me a source that says, "All affidavits in the U.S. must be "notarized?"  And even if you found one that still wouldn't answer what form the affidavit must take for International users.

So it is again a question that Linden Lab needs to answer IF there is a required format for the affidavit.

 

disclaimer: IANAL

 

eta:shpellling

First off, I hope you are not using Wikipedia as your legal source and guideline. Here are a few (of the many) legal-oriented sites and articles that state that a "sworn affidavit" should or preferably be notarized:

http://homeguides.sfgate.com/legal-difference-between-affidavit-declaration-3194.html

http://research.lawyers.com/depositions-and-affidavits.html

http://formswift.com/affidavit

 

Quoting from one of those links it says:

"Notarization is another legal consideration pertaining to these affidavit forms.  In most cases, an affidavit is only considered legally valid if it is notarized, meaning that is must be authenticated by a licensed notary public.  This means that the affiant will need to sign the document in the presence of a notary, and the notary’s signature and stamp will need to be applied to the affidavit.  Otherwise, the legal weight of the document could be called into question."

With that said, it means it's in the best interest to get the affidavit also notarized, which is why I erred on the side of saying yes they should be notarized in their best interest legally. To notarize means it ensures the authenticity of the signatures on the document and gives it more legal credibitlity if you have to end up getting legally challenged.

For you to give people the idea they can or may be able to go without notarization is not wise, as if they do skip it and end up in court they are in real serious trouble.

 

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daisybloomer wrote:


<snip>

For you to give people the idea they can or may be able to go without notarization is not wise, as if they do skip it and end up in court they are in real serious trouble.

 

</snip>

 

 

I never advised anyone that they shouldn't nor would I ever advise someone of that.

What I said is that this is a question for LL to clarify the answer to.

Absent an answer from LL, a persons next best course of action is to follow the advice of an Attorney.

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Ok if you can just answer this one question:  if something gives away money I put in it MYSELF, and accepts no money from anyone else (say a contest board or a raffle at my club, where I give away my money randomally or in a vote and no one pays for anything) is that subject to these rules?  A lot of us use these things as premiums for guests at clubs, and I can't see where they would fall afoul of these TOS changes.  Still, a straight answer rather than "You have to figure it out yourself" and some boilerplate would be appreciated.  Thank you!

--VC

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I apologize if this question has been asked before... plz link me to the answer if it has. But after reading 44 pages of questions and answers my eyes are all fuzzy and I may have missed it.

 

My question is this:

I like many others own a private piece of land and have 'employed' one of the many ppl who rez games for me and split the profit of said games with me. I am willing to rent a gaming parcel designated for skill gaming, and I am willing to have a licensed 'operator' come and rez their licensed skilled games (once those are determined) on my land. Do I have any liability here? Like, are there any licenses I need, is there anything other then renting gaming land and having a licensed operator rez approved games tht I need to do? Many gaming halls do this split profit way of running their gaming halls, and I dunno bout them, but I'm concerned because this scenario has yet to be discussed (as far as I know).

 

Thank you.

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Vannesh Cannoli wrote:

Ok if you can just answer this one question:  if something gives away money I put in it MYSELF, and accepts no money from anyone else (say a contest board or a raffle at my club, where I give away my money randomally or in a vote and no one pays for anything) is that subject to these rules?  A lot of us use these things as premiums for guests at clubs, and I can't see where they would fall afoul of these TOS changes.  Still, a straight answer rather than "You have to figure it out yourself" and some boilerplate would be appreciated.  Thank you!

--VC

the best you will get off LL is: submit your application and we will inform you:

a) as described by you in your application this game does need a license and must be placed on a games region.

b) as described by you in your application this game does not need a license. As such it can be played and can be placed on any sim

c) as described by you in your application this game cannot be given a license and cannot be placed anywhere in world

+

the best you will get off anyone else is an opinion. Is my opinion that the board you are describing is b)

+

as a owner of some little club then to save the $100 application fee which is not refundable (seems like) 

then if was me I would leave my own board as described out in my club and I would put it thru the AR process in August. Meaning I would AR it myself, fully describing what the board does. If is in breach of policy then LL will take it down

 ETA: Befor AR myself then I make absolutely sure that I have correct PIOF on my account. Start ARing yourself without this gets complicated really fast

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Question for Linden Lab:

The definition of a Skill game for purposes of licensing specifies that it accepts/allows AND pays out L$. If a skill game does not accept or pay L$, but uses US Dollars or another currency and does not in any way involve L$, would it be permitted a) at all, and b) on a non-gaming region?

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This thread has prompted more questions than even the Lindens themselves have answers for, hence it appears to have been abandoned by the Linden Bot quite a while ago.  

As just a punter its stopped me having any ideas of going to the gaming region (I dont really mind as it will save me buying lindens to play) until I know that any linden I lose or win is not (or otherwise) going to be reported to my Inland Revenue..   To me that was a clear question that just required a yes or no.  

For those wishing to operate or create it must be a total nightmare trying to understand what's required.   From what I can determine its a case of:  Do A...but dont do A until you can answer B but answer B wont be available until C is completed, which cant be completed until you do A.   I think all questions have had valid points and are pertinent and really need answering, especially the one that asks after all the costs, possibly a few thousand RL dollars, will it transfer to SL2?.  

It appears that the new TOS valid as of 1st August 2014 will only be workable on that day for the "barons" who have the wealth and contacts to make their paths easier because although its been asked a few times if there could be a delay in its implementation, I highly doubt that will happen.   Yes, its rapid, and as has been shown, appears almost hastily put together in a panic and scrambled, but that date for whatever reason, is important to Linden Labs so therefore it will probably stand as is. 

For me personally, it feels the fun element just had its guts ripped out but as we're talking about Second Life...is prepared to be amazed and hope it all ends up as an improved and positive experience.

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Starfire Desade wrote:

 

 

From what I understand of the rules, the contest board can't be able to accept payments from the residents, even if you don't use that option.  This was the concensus when they were discussing the Greedy Greedy tables.

It's not the consensus of opinion. The LL rep who answered the question here specifically stated it, as does one of the pages he linked to. It may have been altered to say it since this thread started, but it does say it now.

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Ayesha Lytton wrote:

Question for Linden Lab:

The definition of a Skill game for purposes of licensing specifies that it accepts/allows AND pays out L$. If a skill game does not accept or pay L$, but uses US Dollars or another currency and does not in any way involve L$, would it be permitted a) at all, and b) on a non-gaming region?

Ayesha, I think Linden already answered it in the Skill Gaming Policy & Wagering Policy:

for Part A of your post -

"4. Creators

  1. Should you wish to create a Skill Game for use in Second Life, you represent and agree that you: (i) have received, and paid for, a Creator License from Linden Lab through the Skill Gaming application process; (ii) will only offer Skill Games that have been approved by Linden Lab through the Skill Gaming application process; (iii) will abide by, and remain in full compliance with, the Skill Gaming Program Terms and Conditions; and (iv) will maintain accurate, current and complete information about yourself and your Skill Games through your Second Life account and the Skill Gaming application process.
  2. Each Creator shall:
    1. Ensure that “[slgaming]” will be included as a prefix in the root object name field of each Skill Game;
    2. Ensure that the “llTransferLindenDollars” Linden Scripting Language function will be used for all outgoing Linden Dollar transactions for each Skill Game; and
    3. Verify that each purchaser of its approved Skill Games has been approved by Linden Lab as an Operator through the Skill Gaming application process. Linden Lab will maintain a list of Operators."

 

for Part B of your post -

"By operating, accessing, using, or participating in Skill Gaming in Second Life (including permitting others to operate Skill Gaming in a region in which you control), you agree to and accept this Skill Gaming Policy, including all policies and terms linked to or otherwise referenced herein. If you do not so agree, you decline this Skill Gaming Policy, in which case you are prohibited from operating, accessing, using, and participating in Skill Gaming."

"7. General Terms and Conditions

  1. Skill Gaming is not permitted in the Second Life area in which Linden Lab is the estate owner (the “Mainland”).
  2. It shall be a violation of this Skill Gaming Policy to create, operate, or offer Skill Games in Second Life without a License or outside an approved Skill Gaming Region, or to circumvent the prohibitions set out in Section 6."

Going outside of that would then be a violation of the policy and subject to the actions they would take for violations.

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I read a thing with title "Coming Soon: Skill Gaming."  Which is funny because skill gaming is here now.  But that not my question.

In article I see this:

" However, you are responsible for knowing which jurisdictions are prohibited and the requisite ages of participation and not attempting to access a Skill Gaming Region if you do not qualify.  Attempts to circumvent our controls will constitute a violation of our Skill Gaming Policy and Terms of Service."


So okay.  I don't want ever to go to a skill gaming region.  Just because.  Also I don't want to have to do research every time I am in a new place.  So how can I?   If someone offers a TP will the message warn  me that it is skill region?   What is my process to avoid attempting to enter a skill region?

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blues 1.JPG

 


Qwalyphi Korpov wrote:

I read a thing with title "Coming Soon: Skill Gaming."  Which is funny because skill gaming is here now.  But that not my question.

In article I see this:

"
 However, you are responsible for knowing
and not attempting to access a Skill Gaming Region if you do not qualify.  Attempts to circumvent our controls will constitute a violation of our
and
.
"


So okay.  I don't want ever to go to a skill gaming region.  Just because.  Also I don't want to have to do research every time I am in a new place.  So how can I?   If someone offers a TP will the message warn  me that it is skill region?   What is my process to avoid attempting to enter a skill region?

I'm wondering if they will add another rating icon because the FAQ tells us to "Check the setting of the region to verify that it is a Skill Gaming Region?"  I don't know how else we could know prior to attempting to go.

For "skill regions" it would be nice if the "You do not have access to this location" message explained why.

It would be nice to those who do qualify but don't want to go to be able to 'pre-filter' in their content rating choices as well as to have a pop up that warned, "you are about to TP to a Skill region."

It might be nice also if the pop up included phone numbers to 'gambling help hot lines.'

 

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Why is it that Kentucky is on the non enter zone list? I have done some research and spoke with some law offices. It is showing yes that it is not legal for casino's to be in KY but there are some websites were you are able to play poker an such being in the state of kentucky. 

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OhanaGaming wrote:

Why is it that Kentucky is on the non enter zone list? I have done some research and spoke with some law offices. It is showing yes that it is not legal for casino's to be in KY but there are some websites were you are able to play poker an such being in the state of kentucky. 

I'd guess it's because we've got some wierd laws here.

And the poker sites themselves aren't sure.  Some of them are risking it but many are not:

http://www.legaluspokersites.com/state-laws/kentucky/

But I've never been to a Derby Party that didn't have a Bookie there complete with his lap top (to keep track of odds, etc)  and his cell phone taking bets over it.

We do love our horse races!

 

ETA to add KY Gambling statutes:  http://www.lrc.ky.gov/statutes/chapter.aspx?id=39396

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My newest question concerning the 'Skilled Games'  episodes unfolding, feel free to direct me to another Linden ... My partner and I run a competition Horse Show, using breedable Horses with horse 'owners' competing for BEST IN SHOW, where prizes & Lindens are given to the best, much like a beauty pageant of horses.

An entry fee of $L x amount of lindens is required and most or all are dispensed to a few dozen winners of original entries ... question is this ... Is it a 'Skilled Game' following under the new LL rules?  Local attorneys in Oklahoma look at Second Life as one big GAME and can not assess the question of this Beauty Pageant being skilled. Lindens, ribbons and prizes are dispersed by one individual and not paid by a 'Skilled Game' ...

Any advice, direction or opinions from others or a Linden is much welcomed!

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Perrie Juran wrote:

blues 1.JPG

 

Qwalyphi Korpov wrote:

I read a thing with title "Coming Soon: Skill Gaming."  Which is funny because skill gaming is here now.  But that not my question.

In article I see this:

"
 However, you are responsible for knowing
and not attempting to access a Skill Gaming Region if you do not qualify.  Attempts to circumvent our controls will constitute a violation of our
and
.
"

 

So okay.  I don't want ever to go to a skill gaming region.  Just because.  Also I don't want to have to do research every time I am in a new place.  So how can I?   If someone offers a TP will the message warn  me that it is skill region?   What is my process to avoid attempting to enter a skill region?

I'm wondering if they will add another rating icon because the FAQ tells us to "Check the setting of the region to verify that it is a Skill Gaming Region?"  I don't know how else we could know prior to attempting to go.

 

 

For "skill regions" it would be nice if the "You do not have access to this location" message explained why.

It would be nice to those who do qualify but don't want to go to be able to 'pre-filter' in their content rating choices as well as to have a pop up that warned, "you are about to TP to a Skill region."

It might be nice also if the pop up included phone numbers to 'gambling help hot lines.'

 

Yes, I also wonder.  For the premium only regions the LL employs the 'try and fail if not qualified' process.  Now they threaten me and I have no information how to avoid.  Maybe an answer comes within 17 days now.  Is a scary place this second life.  If you want to make the mesh  you must have payment on file.  Then you might try to go to skill region and you are violator for attempting.  And... now another problem... once you have payment information on file is no way to remove.   I don't like to think about it.

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I have spoke to the attorney general kentucky, the common wealth attorney, and even the kentucky state police head quarters on this. They have told me that yes there are some sights that can be played from kentucky online and that not sure why there is a issue upon this game second life. I have read also in several articals of how online is fine just as there no casino's physically built in real world. I am going to continue to look into it. I know they said it is something that has not been completely decided upon. I just do not see how this whole time it was fair for all to enter and play and now they put a restriction and ban on certain states. 

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Stormie Windlow wrote:

As just a punter its stopped me having any ideas of going to the gaming region (I dont really mind as it will save me buying lindens to play)

 

 I'm on the same page. I don't think I'll bother going to the skilled gaming regions since I don't have any payment information on file (see, like the 2nd page of this thread) and I'm too cheap to spend my hard earned lindens on silly games of chance. I'll keep it all

*grabs his handfuls of Lindens and goes running off into the night...laughing maniacally*

"Mine!!! They're all MINE, I tell you!! HA! HA! HA!"

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OhanaGaming wrote:

I have spoke to the attorney general kentucky, the common wealth attorney, and even the kentucky state police head quarters on this. They have told me that yes there are some sights that can be played from kentucky online and that not sure why there is a issue upon this game second life. I have read also in several articals of how online is fine just as there no casino's physically built in real world. I am going to continue to look into it. I know they said it is something that has not been completely decided upon. I just do not see how this whole time it was fair for all to enter and play and now they put a restriction and ban on certain states. 

I don't know how they came to the current list of prohibited jurisdictions so far and I imagine that is not the final list, but they do have the full right to limit access to their service based on the general Linden Lab Terms Of Service. So doesn't matter what we think or what the local laws say in our areas, we waved that power to dispute it when we agreed to the TOS signing up for SL.

Here's where it states it in the TOS:

 

"11. GENERAL PROVISIONS

11.1 The Service is a United States-based service.

Linden Lab controls and operates the Service from its offices in the United States. Linden Lab makes no representation that any aspect of the Service is appropriate or available for use outside of the United States. Those who access the Service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Service and/or any content, program, product, service or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide."

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Qwalyphi Korpov wrote:

 

In article I see this:

"
 However, you are responsible for knowing
and not attempting to access a Skill Gaming Region if you do not qualify.  Attempts to circumvent our controls will constitute a violation of our
and
.
"

 

So okay.  I don't want ever to go to a skill gaming region.  Just because.  Also I don't want to have to do research every time I am in a new place.  So how can I?   If someone offers a TP will the message warn  me that it is skill region?   What is my process to avoid attempting to enter a skill region?

Hm... what I read in the link below is this:

Linden Lab Official - Second Life Skill Gaming Approved Participants

"... access to skill games offering Linden Dollar payouts will be limited to Second Life users who are of sufficient age and are located in a jurisdiction that Linden Lab permits for this type of online gaming activity."

... and further down in the same document:

 

"Authorized Participants:

Only users that meet the criteria for Skill Gaming are permitted to access Skill Gaming Regions and participate in Skill Gaming in Second Life. Participation is limited to residents who are at least 19 years of age and do not reside in a prohibited state. Please review the list of prohibited states below to see if you can participate. For more information about why you may not be able to access Skill Gaming Regions in Second Life, please see the FAQ."

From that I guess that the system will automatically take care who can enter and who cannot enter to Skill Gaming regions, no need for the users check anything. Just like M and A regions have system enforced limits for entering, so will the skill gaming regions.

(I hope).

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moe33 Darkfold wrote:

so are the contest boards and sploders concidered gaming? and if so why contest boards if people do not pay to enter

 

It's really quite simple, but the threads are quite long now and things to hard to find.

If it's largely a game of chance, such as sploders, and people have to pay into it, and the game pays out to winners, then it's gambling and is disallowed. To be disallowed, a game must include paying in and receiving out, and be largely down to chance.

The only pay-in/receive-out games that are allowed under the new Skill Gaming rules are those that are largely down to skill and not chance.

I don't know about contest boards. The only ones I've ever seen are free to enter, so they don't come under either gambling or this new Skill Gaming. For contest boards that you have to pay to enter, you'll need to either comb the thread looking for the answer or wait for someone who knows the answer to post it.

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    1. Ensure that the “llTransferLindenDollars” Linden Scripting Language function will be used for all outgoing Linden Dollar transactions for each Skill Game; and
    2. Verify that each purchaser of its approved Skill Games has been approved by Linden Lab as an Operator through the Skill Gaming application process. Linden Lab will maintain a list of Operators."

 But if a game neither accepts nor pays L$ it wouldn't have this function.

 

  1. Skill Gaming is not permitted in the Second Life area in which Linden Lab is the estate owner (the “Mainland”).
  2. It shall be a violation of this Skill Gaming Policy to create, operate, or offer Skill Games in Second Life without a License or outside an approved Skill Gaming Region, or to circumvent the prohibitions set out in Section 6."

Yes but they define a skill game as accepting and paying out L$, so any game that doesn't would not fall under the definition. See what I mean?

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