Terms and conditions
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Terms and Conditions
1. INTRODUCTION:
1.1. By using and/or visiting any section of Happyorca casino (hereinafter referred to as the "Website") or by opening an account on the Website you agree to be bound by: Terms and Conditions, the Privacy Policy, any game rules, any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time. All of the terms and conditions listed above shall together be referred to as "the Terms". Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms please do not open an account, and/or continue to use the Website. Your further use of the Website will constitute your acceptance of the Terms. The Terms will come into effect on the 1st of November 2012.
GENERAL TERMS AND CONDITIONS
2. PARTIES
2.1. The information at the web-site is provided by the web-site operator - Pomadorro N.V. under the license of the Pomadorro N.V., the parent company that fully owns Darklace Ltd. Pomadorro N.V., a Curacao, Netherlands Antilles (Pomadorro N.V. E-Commerce Park Vredenberg / Landhuis Groot Kwartier Groot Kwarierweg 12, Curacao) based company which is fully licensed and regulated by the laws of that country. References in the Terms to "us", "our," "we" or the “the Company” are references to the relevant company who you are contracting with, as specified above. Please address all your queries to [email protected].
3. CHANGES TO THE TERMS
3.1. The Company reserve the right to amend, modify, update and change any of the Terms for a number of reasons, including commercial, legal (to comply with new laws or regulations) or customer service. The most up-to-date Terms and their effective date are available on the Website. We will notify the player of any such amendment, modification or change by publishing the new version of the Terms on the Website. It is the responsibility of the player to make sure that he is aware of the current terms and conditions of the Terms and the Company advises the player to check for updates on a regular basis. The Company reserves the right to modify the Website, services and software and/or change the system specification requirements necessary to access and use the services at any time and without prior notice.
3.2. If any change is unacceptable to you, you may either cease using the Website, and/or close Your Account by complying with paragraph 12 of the Terms. Your continued use of any part of the Website after the date on which the Terms are stated to come into effect will be deemed to be your binding acceptance of the revised Terms, including (for the avoidance of doubt) any additions, removals, substitutions or other changes to the identity of the Company in paragraph 2.1 of the Terms, whether or not you have had notice of, or have read, the revised Terms.
4. LEGAL REQUIREMENTS
4.1. No-one under the age of 18 or the age of legal consent for engaging in the activities included in the services under the laws of any jurisdiction, whichever is higher ("Legal of Age") may use the services under any circumstances and any person not Legally of Age who uses the services will be in breach of the terms of this Terms. The Company reserves the right to request proof of age at any stage to verify that persons not Legal of Age are not using the services. The Company may cancel a person's account and exclude a person from using the services if proof of age is not provided or if the Company suspects that a person using the services is not Legal of Age.
4.2. Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Use the services on the Website are at your sole option, discretion and risk, and you are solely responsible for ascertaining whether it is legal in your jurisdiction.
4.3. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use Website services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Website services by you.
4.4. The Company does not permit accounts to be opened by, or make any deposits nor used from, customers located or domiciled in United States of America, Spain, Italy, France, United Kingdom, Ukraine, Turkey. This list of jurisdictions may be changed by the Company from time to time with or without notice. You agree that you are not allowed to open an account, nor attempt to use Your Account, if you are based in this (these) jurisdiction (-s).
4.5. You are fully responsible for any applicable taxes and fees resulting from proceeds gained from the use of the Website. If winnings are taxable in your jurisdiction, you are required to keep track and report the winnings to the appropriate authorities.
5. OPENING YOUR ACCOUNT
5.1. In order to open an account (“Your Account”) to use the Website services, you should provide your e-mail address, choose a password and fill-out the information required to complete the registration by providing us with the personal information, including your name, date of birth and phone number.
5.2. Your name on Your Account must match your true and legal name and identity. To verify your identity, the Company reserves the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used). Failure to supply such documentation may result in suspension of the account.
5.3. You certify that you have provided accurate, complete and true information about yourselves upon registration and will maintain the accuracy of your information by promptly updating any registration information that may have changed. Failure to do so may result in account closure, account limitations or voiding of any transactions (bonus, winnings).
5.4. If you have any questions or if you encounter any problems during registration, you can contact Support Service by sending an email to [email protected]
5.5. You may only open a single account at the Website. In all cases, only one account per customer, per household, per address, per shared computer and per shared IP address will be allowed to sign up and make use of Casino. Any other account you open on the Website will be considered as the "Duplicate Account". All Duplicate Accounts may be immediately closed by us and:
5.5.1. all transactions made from the Duplicate Account will be made void;
5.5.2. all stakes or deposits made using that Duplicate Account will be returned to you; and
5.5.3. any returns, winnings or bonuses which you have gained or accrued during the time the Duplicate Account was active will be forfeited from you and may be reclaimed by us, and any funds withdrowned from the Duplicate account shall be returned to us on demand.
6. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
6.1. In consideration of the rights granted to you to use the services, you represent, warrant, covenant and agree that:
6.1.1. You are not under the age of 18 or any legal age required for gambling or gaming activities under the law or jurisdiction that applies to you;
6.1.2. You are the rightful owner of the money in Your Account and all details provided by you to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in your account.
6.1.3. You are fully aware that there is a risk of losing money when gambling by means of the services and you are fully responsible for any such loss. You agree that your use of the services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company.
6.1.4. You fully understand the methods, rules and procedures of the services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.2. By agreeing to the Terms you authorize us to undertake any verification checks we may require or that may be required by the third parties (including, regulatory bodies) to confirm your identity and contact details (the "Checks").
6.3. During these Checks we may restrict you from withdrawing funds from Your Account.
6.4. If any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the services, in addition to any other action that we may choose to take.
6.5. If we are unable to confirm that you are at the Legal Age then we may suspend Your Account. If a fact that you were under the Legal age at the time you made any gambling or gaming transactions, then:
6.5.1. Your Account will be closed;
6.5.2. all transactions made during that time will become void, and all related funds deposited by you will be returned;
6.5.3. any stakes or bets made during that time will be returned to you; and
6.5.4. any winnings which you have accrued during that time will be forfeited from you and you will be required to return to us all funds that were withdrawn from Your Account.
7. USERNAME, PASSWORD AND SECURITY
7.1. After opening Your Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Account details you may recover your password by clicking on the “Remind Password” link below the login window.
7.2. You are entirely responsible for maintaining the confidentiality of your password and you have sole responsibility for any and all activities that occur under your account. You remain liable for losses incurred by yourself or a third party on Your Account.
7.3. You must notify The Company immediately of any unauthorized use or theft of Your Account or any other breach of security. If requested you agree to provide The Company with evidence of such theft or unauthorized use. The Company will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge.
8. DEPOSITS AND WITHDRAWALS TO/FROM YOUR ACCOUNT
8.1. If you wish to participate in betting or gaming using the Website, You must deposit money into Your Account.
8.2. You undertake that:
8.2.1. all money that you deposit in Your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source; and
8.2.2. all payments made into your account are authorized and you will not attempt to reverse a payment made into Your Account or take any action which will cause such a payment to be reversed by a third party, in order to avoid any legitimate liability.
8.3. The Company does not accept 3rd party deposits, ie. a friend, relative, partner, husband or wife. You must deposit from an account/system or credit card that is registered in your own name. If we discover during our security checks that this has occurred, all casino winnings will be forfeited and sent back to the casino and the original deposit to the rightful owner of the account/Credit Card.
8.4. If bank transfer is required to return the money to the rightful owner, all bank charges will be borne by the receiver.
8.5. You are allowed to use only one phone number if you wish to add money to Your Account with paid SMS. You should indicate this phone number in your profile. Only half of the added sum goes to Your Account. The Company does not allow the users to take loans from cell phone operators who allow this type of service, even if the operator allowed that. You cannot make sms deposits with such loans with negative balance. Users violating this rule are blacklisted, and gamers' accounts are blocked without a withdrawal option.
8.6. We do not accept cash funds sent to us. We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the services. To the extent that they do not conflict with the terms of this Term, you agree to be bound by the Terms of such third party electronic payment processors and/or financial institutions.
8.7. By depositing money, you agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof.
8.8. In case of suspicious or fraudulent payment, including the use of stolen credit cards or any other fraudulent activity (including any charge-back or other reversal of a payment), the Company reserves the right to block Your Account, reverse any made pay-out and recover any winnings. We are entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, regardless of whether or not the credit cards were reported stolen.
8.9. We may at any time set off any positive balance on Your Account against any amount you owe to us when we re-settle any bets or wagers pursuant to Duplicate Accounts, Collusion, Cheating, Fraud and Criminal Activity or Errors.
8.10. You acknowledge and agree that Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking or other system insurance. Additionally, any money deposited in Your Account will not earn any interest.
8.11. Terms and Conditions for 1-Сlick payments. You agree to pay for all goods and/or services or other additional services you ordered through the Website, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc. You take full responsibility for timely payments for Website. Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting these Rules (and/or Terms & Conditions), you, as сardholder, confirm that you are entitled to use Services offered via the Website. In case you use Website’s services, offering such specific services as gaming services, you make legally binding declaration that you have reached or surpassed the legal age, which is considered as such by your jurisdiction in order to use Services provided by the Website. By starting to use the Website’s Services you take legal responsibility for not violating the legislation of any country where this Service is being used, and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation. By agreeing to use the Website’s Services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment. If you wish to reject to use Services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using your Personal account/profile on the Website. Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorisation of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website terms and conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums. In case there is a situation when you do not agree with the aforementioned terms and conditions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the administrator/ support of the Website.
8.12. By purchasing recurring payments, сustomer authorizes joycasino.com to charge customer's payment card automatically at the interval and in the amount selected by customer based on the available options during the purchase process. Customer agrees that the payment card specified by customer for recurring payments to joycasino.com is, and will continue to be, linked to an account that customer owns, and that customer will maintain sufficient availability under customer's credit card limit, or sufficient funds in the account linked to Customer's debit card, as applicable, to pay recurring payments. Customer can cancel recurring payments by contacting joycasino.com Support team [email protected] at least five (5) business days prior to your next recurring payment due date. If customer submits cancellation request after this time, the cancellation will not take effect until the following recurring payment due date.
8.13. You may request withdrawal of funds from Your Account at any time provided that:
8.13.1. all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
8.13.2. any Checks referred to in paragraph 6 above have been completed.
8.14. When making a cash-out request a certain points need to be considered:
8.14.1. all information in your Profile must be filled out;
8.14.2. funds must be withdrawn with the same method used for depositing;
8.14.3. Due to MasterCard's regulations we are not permitted to return funds to your MasterCard Credit Card. Therefore, any withdrawal request made after depositing using a MasterCard Credit Card will need to be returned via an alternative payment method;
8.14.4. If the requested amount exceeds one thousand united states Dollars (USD 1,000) or more, or by other purpose that casino administration may have in case of fraud investigations, the player identification procedure must be carried out by sending us a copy or a digital photograph of your identification documents, such as the Passport or an ID card (page with a photo), utility bill (mobile phone bill cannot be accepted). If you made deposits to your account with the plastic card you must also send us the copies of this card’s front side and back side. The first six digits and the last four digits of the card’s number (if you have the card number embossed note that the same digits must be covered on the card’s front side and the back side ) must be visible, the CVV2 code must be painted out.
8.14.5. No more than USD 5,000 per day, USD 25,000 per week and USD 100,000 per month can be withdrawn.
8.14.6. If a player wins USD 20,000 or more the Company reserves the right to divide the pay-outs into monthly installments of at least $ 20,000, until the full amount is paid out. No interest on the outstanding amounts will be paid out. Wins from progressive jackpots are not affected by this clause.
8.14.7. Payments are accepted in 24 hours by Happyorca casino specialist. Approximate time for money delivering for E-money: 3-5 minutes, Visa and MC from 3 minutes until 4 days.
8.15. We reserve the right to charge a fee amounting to our own costs for withdrawal of funds that have not been put into play.
9. PLACING A BET OR GAMING
9.1. It is your responsibility to ensure that the details of any transaction which you place are correct before confirming the bet.
9.2. Your transaction history can be accessed by clicking ‘Cashier” on the Website.
9.3. We reserve the right to refuse the whole or the part of any transaction requested by you at any time in our sole discretion. No transaction shall be deemed accepted until you receive a confirmation from us. If you did not receive a confirmation that your transaction has been accepted, you should contact Support.
9.4. You may cancel bets at any time either by sending a request to Support service.
9.5. Your cancellation of an unmatched bet becomes effective once we send you confirmation of the cancellation. In the event that your cancellation request is not received and processed in good time, you acknowledge that your bet may remain outstanding and available for acceptance.
10. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
10.1. The following activities are not allowed and constitute a material breach of the Terms:
10.1.1. providing information to third parties;
10.1.2. using an unfair advantage or influence (commonly known as cheating), including the exploitation of bugs, loopholes or errors in our software, the use of automated players (also known as 'bots'); or the exploitation of an 'error';
10.1.3. undertaking fraudulent activities to your advantage including the use of a stolen, cloned or otherwise unauthorized credit or debit card as a source of account deposits;
10.1.4. taking part in any criminal activities including money laundering and any other activity with criminal consequences;
10.1.5. colluding or attempting to collude and intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play or will play on the Website.
10.2. Any free funds received from the Company (bonuses, comp point etc.) also cannot be a subject for abuse by any means.
10.3. The Company will take all reasonable steps to prevent collusion or any attempts to collude; detect them and the corresponding players; and deal with the corresponding players accordingly. We will not be liable for any loss or damage which you or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity or cheating and any action we take in this respect is at our sole discretion.
10.4. If you suspect a person is colluding, cheating or undertaking a fraudulent activity you shall as soon as reasonably practicable report this to us by e-mail.
10.5. If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of the Terms, your access to the services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in Your Account. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity.
10.6. You shall use the services only in good faith towards both the Company and other players using the services. In the event that the Company deems that you have been using the services or the software in bad faith the Company shall have the right to terminate Your Account and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.
11. OTHER PROHIBITED ACTIVITES
11.1. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse others, including other users, or behave in this manner towards the Company staff that operate or support the Website.
11.2. You shall not corrupt or flood the Website with information causing the Website to malfunction, nor shall you take any actions that may affect the functioning of the Website in any way, for example (but not limited to) releasing or propagating viruses, worms, logic bombs or any similar actions. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way any information available on the Website.
11.3. You shall use the Website for personal entertainment only and you are not allowed to reproduce the Website or any it’s part in any form whatsoever without first obtaining our express consent.
11.4. You must not attempt to gain an unauthorized access to the Website, the servers where the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or any similar type of attack. In case when this provision is breached we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach your right to use the Website will cease immediately.
11.5. We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material that you suffer as a result of using the Website or downloading any material posted on the Website, or on any website linked to the Website.
10.6. It is prohibited to sell or transfer accounts between players or to deliberately lose chips or games in order to transfer chips to another player. An intentional loss of the game or a chip occurs when you lose a hand or a game in order to transfer money to another user.
12. DURATION AND TERMINATION
12.1. Upon the termination of Your Account subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Term.
12.2 The Company may terminate Your Account (including your username and password) immediately without notice:
12.2.1. if for any reason we decide to discontinue to provide the services in general or specifically to you;
12.2.2. if Your Account is associated in any way with any existing account that has been terminated.
12.2.3. If Your Account is associated with, or related to, existing blocked accounts, we may terminate Your Account, irrespective of the nature of this relationship, and the registration details provided on said accounts; or for any other reason we see fit. Save for as otherwise provided herein, on termination any balance in Your Account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us;
12.2.4. if you attempt to manipulate or ascertain information concerning the software code or are involved in collusion;
12.2.5. if you tamper or attempt to tamper with the software in any way;
12.2.6. if you are committing any offence eg by attempting to access the Website from a jurisdiction where playing the games is illegal;
12.2.7. if you publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material;
12.3. If Your Account remains inactive for a continuous period of 6 (six) months or more, we may close or suspend Your Account without notice. In the event of such account closure, the Terms will be terminated automatically from the date on which such termination takes effect.
12.3. Your inactive Account will be terminated with an electronic notice (or an attempted notice) using your contact details. In the event of any such termination from our side, except to the extent that such closure and termination is made in accordance with the paragraph 10 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 17 (Breach of the Terms) of these Terms, we will refund the balance of Your Account to you. If we are unable to locate you, the funds shall be remitted to the relevant gambling authority or to the Company.
13. ALTERATION OF THE WEBSITE
13.1. We may, in our absolute discretion, alter or amend any service offered via the Website at any time for the purpose of maintaining the Website.
14. IT FAILURE
14.1. Whenever unexpected system errors, bugs or problems occur in the software or hardware we use to operate the Website, we will take immediate steps to fix the problem. We do not accept any liability for IT failures which are caused by your equipment used to access the Website or errors related to your internet service provider.
15. ERRORS OR OMISSIONS
15.1. A number of circumstances may arise where a bet is accepted or a payment is made with errors from the Company's side (for example, we mis-state any terms of gaming wager to you as a result of an obvious error or data input error or as a result of a computer malfunction, as well as an error can be made by us as to the amount of winnings/returns that are paid to you as a result of manual or automated input error).
15.2. The Company reserves the right to refuse, restrict, cancel or limit any bet.
15.3. If you are incorrectly awarded any winnings as a result of any human error or any bug, defect or error in the software, or the failure of the relevant games product or the software to operate in accordance with the rules of the relevant game (“Errors”), then the Company will not be liable to pay you any such winnings and shall immediately inform the Company of the error and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
15.4. Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss including loss of winnings that results from any Error by us or an error by you.
15.5. The Company and its respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors and employees will not be liable for any loss or damages which may be caused by the interception or misuse of any information transmitted over the Internet.
16. EXCLUSION OF OUR LIABILITY
16.1. You agree that you are free to choose whether to use the services on the Website and do so at your sole option, discretion and risk.
16.2. We will provide the Website with reasonable skill and care and substantially as described in the Terms. We do not make any other promises or warranties regarding the Website or the products offered via the Website and hereby exclude (to the full extent permitted by the law) all implied warranties in this respect.
16.3. The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage, including but not limited to the loss of data, profits, business, opportunities, goodwill or reputation as well as business interruption or any losses which are not currently foreseeable by us arising from or in any way connected with your use, of any link contained on the Website. The Company is not responsible for the content contained on any Internet site linked to from the Website or via the services.
17. BREACH OF THE TERMS
17.1. You will be required to fully cover any claims, liabilities, costs or expenses (including legal fees) and any other charges that may arise as a result of a violation of the Terms by you.
17.2. You agree to fully indemnify, defend and hold the Company, its white label partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
17.2.1. of any breach of the Terms by you;
17.2.2. violation by you of any law or the rights of any third party;
17.2.3. use by you of the services or use by any other person accessing the services using your user identification, whether or not with your authorization; or
17.2.4. acceptance of any winnings.
17.3. In cases when you are in a major violation of the Terms we reserve the right but are not required to:
17.3.1. provide you with the notice (using Your Contact Details) that you are in a violation of the Terms requiring you to stop the continuation of the violation;
17.3.2. suspend Your Account, making you unable to place bets or play games on the Website;
17.3.3. close Your Account with or without a prior notice from us;
17.3.4. withdraw from Your Account the amount of any pay-outs, bonuses or winnings which you have acquired ?as a result of any major violation;
17.4. We have the right to disable your user name and password if you fail to comply with any of the provisions of the Terms.
18. INTELLECTUAL PROPERTY RIGHTS
18.1. The contents of the Website are subject to copyright and other proprietary rights either owned by the Company or used under the license from third party right owners. All downloadable or printable material contained on the Website may be downloaded to a single personal computer only and may be printed solely for personal and non-commercial use.
18.2. Under no circumstances shall the use of the Website grant any user any part of intellectual property rights (e.g. copyright, know-how or trademarks) owned by the Company or by any third party whatsoever.
18.3. Any use or reproduction of any trade names, trademarks, logos or other creative material appearing on this website is prohibited.
18.4. You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any prohibited activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the prohibited activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
19. YOUR PERSONAL INFORMATION
19.1. We are required to comply with data protection requirements in the way the Company uses any personal information collected during your visit to the Website. We therefore take our obligations in relation to the way we use your personal information very seriously. The Company shall handle all personal information provided by you strictly in accordance with the Privacy Policy.
19.2. By providing us with the information you agree with our right to process your personal information for the purposes described in the Terms or purposes of Website administration or compliance with the legal or regulatory obligation, as well as your personal information being used for advertising purposes, including e-mail and SMS notifications of our promotional campaigns.
19.3. It is the Company’s policy to not disclose any personal information to anyone except to the employees that need an access to your data to provide you with the service.
19.4. We will retain copies of all your communications with us (including copies of any emails) in order to maintain the accurate records of the information that we have received from you.
20. USE OF COOKIES ON THE WEBSITE
20.1. The Company uses 'cookies' in order to provide a certain functionality of the Website. A cookie is a small text file that is placed on your computer when you access the Website, which allows us to recognize you when you come back to the Website. More information about deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling cookies you may not be able to access the certain areas or use the certain features of the Website.
21. COMPLAINTS AND NOTICES
21.1. If you wish to make a complaint regarding the Website, as a first step you should as soon as reasonably practicable contact Support Service about your complaint.
21.2. In the event of any dispute, you agree that the records of the server shall act as the final authority in determining the outcome of any claim.
21.3. You acknowledge that our random number generator will determine the outcome of the games played on the Website and you accept the outcomes of all such games. If there is any discrepancy between the gaming results on your computer and the results on our server, the results on our server shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your account, the balance held on the Company’s server is deemed to be the balance in your account and this determination shall be final and binding. You will forfeit any amounts shown to be in Your Account that result from human error or technical default.
22. INTERPRETATION
22.1. The original text of the Terms is written in English and any interpretation of them will be based on the original English text. If the Terms or any documents or notices related to them are translated into any another language the English version will prevail.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
23.1. We reserve the right to transfer, assign and sublicense or pledge the Terms, in whole or in part, to any person (without your consent), provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
24. EVENTS OUTSIDE OUR CONTROL
24.1. The Company will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the Terms that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks that may have an adverse effect ("Force Majeure").
24.2. Our performance is deemed to be suspended for the period the Force Majeure event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which the Company obligations may be performed despite the Force Majeure event.
25. WAIVER
25.1. If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
25.2. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above.
26. SEVERABILITY
26.1. If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Our original intent.
27. GOVERNING LAW
27.1. The Terms shall be governed by and interpreted in accordance with the laws of the Netherland Antilles and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Netherlands Antilles to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by the Terms or otherwise arising in connection with the Terms.
28. LINKS
28.1. The Website may contain links to other websites which are also outside the Company’s control and are not covered by the Terms. The Company will not be liable for the content of any third party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those websites. The hyperlinks to other websites are provided for information purposes only. You use any such links at your own risk.
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