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MONACO Nights END-USER AGREEMENT
PLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU FULLY
UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND
OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE
CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.
1. DEFINITIONS
The following words and terms, when used with this agreement, shall
have the following meanings, unless the context clearly indicates
otherwise.
|
Online Casino |
Crown Solution
Limited’s internet gaming system on the Website and related
services and gaming activities as offered and listed at
www.monacoNightscasino.com including but not limited to, online
casino and/or online bingo and/or Online Casino and/or any other
games, where applicable; |
|
Player Account |
a personal account
opened by an individual and maintained with us to enable that
person to play games on our Online Casino or Poker Room; |
|
Software |
the software licensed
to us including any program or data file or any other content
derived therefrom, that required to be downloaded, accessed or
otherwise utilized by you from the Website enabling you to
participate in the Online Casino; |
|
Username and Password |
the username and
password which you choose on registration with the Online Casino
or Poker Room; |
| You |
the user of the Online
Casino Software downloaded from the Website. |
| Us/We/Ours |
Crown Solution Limited,
www.monacoNightscasino.com; |
|
Website
|
http://www.monacoNightscasino.com and any related sites accessible
via links or any other access way; |
2. SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between you and us in
relation to your use of the Online Casino either for playing
play-for-real or play-for-fun games.
3. LEGAL REQUIREMENTS
| 3.1 |
You can only use the Online Casino and/or the Website if you
are the legal age as determined by the law of the country where
you live. |
| 3.2 |
You cannot use the Online Casino and/or the Website if you are
under 18 years of age in any circumstances. |
| 3.3 |
Some legal jurisdictions have not addressed the legality of
online gambling and others have specifically made online gambling
illegal. We do not intend that anyone should use the Online Casino
and/or the Website where such use is illegal. The availability of
the Online Casino and/or the Website does not construe an offer or
invitation by us to use the Online Casino in any country in which
such use is illegal. Use of the Online Casino is void wherever
prohibited by any applicable law. You accept sole responsibility
for determining whether your use of the Online Casino is legal in
the country where you live. |
4. LICENCE TO USE SOFTWARE
We hereby grant to you a personal non-exclusive, non-transferrable
right to use the
Software, for playing in the Online Casino, in accordance with the
following provisions.
| 4.2 |
You do not own the Software. The Software is owned and is the
exclusive property of the licensor, a third party software
provider company, (the "Software Provider"). The Software and
accompanying documentation which have been licensed to us are
proprietary products of the Software Provider and protected
throughout the world by copyright law. Your use of the Software
does not give you ownership of any intellectual property rights in
the Software. This agreement applies only to the grant of the
licence to use the Software. |
| 4.3 |
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES,
CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES ALL IMPLIED TERMS,
CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY,
SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE
DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. |
| 4.4 |
WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR
THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR
UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE
CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN
THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN
CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR
COMPONENTS OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE PROVIDER
WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS,
EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. WE
FURTHER RESERVE THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE
ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY
OTHER ACTION TO CORRECT SUCH ERRORS. |
| 4.5 |
You hereby acknowledge that it is not in our control how the
Software is used by you. You load and use the Software at your own
risk and in no event shall we be liable to you for any direct,
consequential, incidental or special damage or loss of any kind (except
personal injury or death resulting from our negligence). |
| 4.6 |
The Software may include confidential information which is
secret and valuable to the Software Provider and/or us. You are
not entitled to use or disclose that confidential information
other than strictly in accordance with the terms of this
agreement. |
5. SECURITY
| 5.1 |
We are a corporation incorporated under the laws of Antigua
and Barbuda and are fully licensed and regulated by the laws of
that country for the purpose of operating a virtual casino on the
internet, under the name www.monacoNightscasino.com. |
| 5.2 |
We only allow access to playing games on the Online Casino
through secured networks using encryption of the user name and
password. You cannot play games on the Online Casino without
passing our customer security login. |
| 5.3 |
You may not use the Online Casino for any commercial use or on
behalf of another person. Any use of the Online Casino by you is
for own private purposes only. |
| 5.4 |
You must keep your Username and Password confidential and
should not disclose them to anybody. You may not use anyone else's
password. You shall be responsible for all transactions conducted
in relation to your Player Account using your Password. Every
person who identifies him/herself by entering your correct
Username and Password is assumed by us to be you and all
transactions where the Username and Password have been entered
correctly will be regarded as valid. |
| 5.5 |
You will not allow any third party to use your Player Account
to use the Online Casino and you will not use any other person's
Player Account or means of payment to access the Online Casino or
the Website or the Software. |
| 5.6 |
It is your responsibility to ensure that you understand the
rules and procedures of the games in the Online Casino and your
use of online gaming in general before you play any such games.
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| 5.7 |
We are using the best methods available today for the
encryption of the Username and Password information, and any other
sensitive information transferred to and from the client
application and our servers, thus securing the Player and us
against manipulation attempts by a third party. You will not break
in, access or attempt to break in or access or otherwise by-pass
our security. If we have a suspicion that you have attempted to or
may be attempting to break in, access or otherwise by-pass our
security or the Software, we will be entitled to terminate with
immediate effect your access to the Online Casino and/or have your
account blocked, and we reserve the right to inform the applicable
authorities. |
| 5.8 |
We will only use your personal information in accordance with
our Privacy Policy, which is set out in full at
www.monacoNightscasino.com/privacy.html. We reserve the right to
amend the Privacy Policy at any time. However, we reserve the
right to ask you to provide us with additional details and any
such additional information will be kept confidential. We further
reserve the right under certain circumstances to disclose certain
details to relevant authorities should it be required to do so by
law, an arm of the state or a regulatory body. Subject to the
provisions of the privacy policy, this right to disclose personal
information to bodies or authorities whose purpose is to
investigate money laundering, fraud and other criminal activity
will be to the extent required by law. |
6. YOUR RESPONSIBILITIES
| 6.1 |
We make no representation or warranty with respect to the
legality or otherwise of the accessing and use of the Online
Casino in your country of residence and it is solely your
responsibility to determine whether such accessing and use of the
Online Casino by you is legal. We further warrant in that respect
that it does not intend to enable you to contravene any applicable
law. |
| 6.2 |
You shall not transfer in any way whatsoever your rights under
this agreement without our prior written consent. |
| 6.3 |
You are fully responsible for all taxes, fees and other costs
incidental to and arising from winnings resulting from use of the
Online Casino. |
| 6.4 |
It is your responsibility to inform us of any changes to your
registration details. |
| 6.5.1 |
You agree that we or a payment processing company on our
behalf will handle all financial account transactions ("Payment
Processor"). You hereby agree that the Payment Processor reserves
the right to withhold any payments should the Payment Processor
have reason to believe or any suspicion that you may be engaging
in or have engaged in fraudulent, collusion, unlawful, or improper
activity.
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| 6.5.2 |
You agree to fully pay any and all payments due to us or any
third party in connection with your use of the Online Casino. You
further agree not to make any charge-backs and/or renounce or
cancel or otherwise reverse any of your due payments and in any
such event you will refund and compensate us for such unpaid
payments including any expenses incurred by us in the process of
collecting your payment.
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| 6.5.3 |
You are aware of and agree that the maximum amount that a
Player can cash-out is $10,000 USD (or the equivalent amount in
EURO or GBP currency) per month. For avoidance of doubt, this
provision will not apply on the progressive Jackpot winnings
amounts or in case the Player wishes to close his account and
terminate his participation in the Online Casino accordingly.
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| 6.6 |
You accept that you are solely responsible for the supply and
maintenance of all of the computer equipment and
telecommunications networks and internet access services that you
need to use in order to access the Online Casino. We will not be
liable in any way whatsoever for any loss caused to you by the
internet or any telecommunication service provider which you have
engaged in order to access to the Online Casino or to the Website.
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| 6.7 |
You acknowledge that our random number generator will
determine the outcome of the games played on the Online Casino and
you accept the outcomes of all such games. You further agree that
in the unlikely event of a disagreement between the result that
appears on the Software and the game server, the result that
appears on the game server will prevail and you acknowledge and
agree that our records will be the final authority in determining
the terms and circumstances of your participation in the Online
Casino gaming activity. |
| 6.8 |
You will not commit any acts or display any conduct that
damages our reputation or our software provider or any other
related service providers. |
| 6.9 |
You acknowledge that if your Player Account is opened you will
fully indemnify us and hold us harmless from and against all and
any losses, costs, expenses, claims, demands, liabilities and
damages however caused that may arise as a result of your (a)
entry, use, or reuse of the Website or the Online Casino; (b)
breach of any of the terms and provisions of this agreement. You
further agree to fully indemnify, defend and hold us and our
officers, directors, employees, agents, contractors and suppliers
harmless, from and against all claims, liabilities, damages,
losses, costs and expenses, including legal fees, arising out of
any breach of this Agreement by you, and any other liabilities
arising out of your use of the Online Casino or the Software. |
| 6.10 |
We reserve the right to change this agreement from time to
time as set out in clause 9 below. It is your responsibility to
check from time to time and see whether there is a notification of
change in accordance with clause 9 below |
7. YOUR WARRANTIES AND
REPRESENTATIONS
| 7.1 |
you are not a resident of: Antigua and Barbuda, Israel, Cyprus,
Estonia; |
| 7.2 |
you are acting on your own behalf; |
| 7.3 |
you are not restricted by limited legal capacity; |
| 7.4 |
you are not classified as a compulsive gambler; |
| 7.5 |
all details which you give or have given in the process of
registering with the Online Casino are accurate and that you will
continue to update such details should there be any changes. |
| 7.6 |
you are fully aware of the fact that there is a risk of losing
money through the use of the Software to play games on the Online
Casino; |
| 7.7 |
you are not depositing funds originating from criminal and/or
un-authorised activities; |
| 7.8 |
you are not otherwise conducting criminal activities and/or
intending to utilise the Player Account in connection with such
activities. You are not using or intending to use or intending to
allow any other person to use the Online Casino and the Player
Account for any prohibited or unlawful activity, including but not
limited to, fraud or money laundering, under any applicable law in
particular your jurisdiction and the laws that apply to us; |
| 7.9 |
you are not colluding or attempting to collude or 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 Online Casino. |
| 7.10 |
you are not under the age of either (i) 18; or (ii) the age at
which gambling activities are legal under the law of the
jurisdiction that applies to you, whichever is greater; |
| 7.11 |
the debit/credit card details supplied by you in the
registration process are those of the registered account holder
and the card has not been reported as lost or stolen; |
| 7.12 |
you are not one of our officer, director, employee, consultant
or agent or of one of our affiliated or subsidiary companies, or
suppliers or vendors, and you are not any of their relatives as
well (for the purpose of this clause, the term “relative” means
spouse, partner, parent, child or sibling). In any event that you
have breached this prohibition, among others actions that will be
taken against you, you will not be entitled to any of your
winnings. |
| 7.13 |
you have not previously held a Player Account which was
suspended or terminated either by us or by any other online gaming
operator, charged back any monies via a Player Account or
maintains a current Player Account; and |
| 7.14 |
in opening the Player Account you will not provide any
information or make any statement to us which is untrue, false,
incorrect or misleading. |
8. CHANGES TO THIS AGREEMENT OR THE
PRIVACY POLICY
| 8.1 |
We may, at our sole discretion, make changes to this agreement
or the Games Rules or Privacy Policy at any time. |
| 8.2 |
The changes will take effect from the date specified when they
occur. It is important, therefore, that you log in to the Website
from time to time and check to see whether there is a notification
of change. You are solely responsible for reading the changes.
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| 8.3 |
If you continue to use the Website or the Online Casino after
we have updated the changes (regardless to the way we have
notified of such changes), you agree to be bound by those changes
whether or not you have had actual notice of, or have read, the
relevant changes. If you do not agree to be bound by relevant
changes, you should not continue to use the Website or the Online
Casino any further. |
9. RESERVATION OF RIGHTS
| 9.1 |
We reserve, at our sole discretion, the right to: |
| 9.1.1 |
refuse to register any applicant for registration on the
Website or the Online Casino;
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| 9.1.2 |
refuse to accept any wager on the Online Casino;
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| 9.1.3 |
change, suspend, remove, modify or add any game or tournament
on the Online Casino.
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| 9.1.4 |
revise the maximum cash-out amount limits set out in clause
6.5.3 above in accordance of the Player’s VIP level (where as the
highest VIP level the Player will be entitled to an unlimited
cash-out amounts).
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| 9.2 |
We reserve the right to make inquires on you, including credit
checks, with third party credit and financial institutions, in
accordance with the information you have provided us with. |
| 9.3 |
In the event of any dispute regarding a wager or winnings, our
decision will be final and binding. |
| 9.4 |
We reserve the right to reasonably withhold any pay out or
winning amount until the identity of the winning person is
verified to our satisfaction in order to ensure that payment of
the winning amount is being made to the correct person. For this
purpose, we further reserve the right, at our sole discretion, to
demand that you will provide us with a notarized ID or any
equivalent certified ID according to the applicable law of your
jurisdiction. |
| 9.5 |
We may at any time disclose certain personal information of
yours to third parties in accordance with our Privacy Policy,
which is set out in full at www.monacoNightscasino.com/privacypolicy.html.
|
| 9.6 |
In the event that we will suspect fraud or fraudulent activity
on your part or any of your payments are charged back, we will
have the right to withhold any pay-out or winning amounts due to
you and if necessary, to lawfully collect any payments owed by you.
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| 9.7 |
We may at any time without prior notice to you terminate your
use of the Online Casino and block your Player Account if it
considers that you are in breach of any of the terms and
provisions of this Agreement or that you are otherwise acting
illegally. We will not be under any obligation in such
circumstances to refund or otherwise reimburse you for any of the
funds in your Player Account. |
| 9.8 |
We reserve the right, at our sole discretion, to offer and
advertise from time to time promotions, bonuses or other special
offers and each such offer will be subject to specific terms and
conditions which will be valid for a limited period of time. In
connection with the specific terms of the above promotions, bonus
and special offers, we further reserve the right to withhold any
withdrawal amount from your account which will be in excess of
your original deposit. In addition, we reserve the right to
withhold or otherwise decline or reverse any pay-out or winning
amount or amend any policy in the event that we suspect that you
are abusing or attempting to abuse any of the following: (i)
bonuses; (ii) other promotions; or (iii) specific policy or rules
determined in respect of an existing game or a new game. |
| 9.9 |
We reserve the right to transfer, assign, sublicense or pledge
this Agreement, in whole or in part, to any person without notice
and you will be deemed to consent to such assignment. |
10. TERM
This agreement is effective from the moment of acceptance by
clicking on the “I agree” button, and shall remain in force
indefinitely unless terminated in accordance with clause 9.6. For the
avoidance of doubt it is agreed that you are bound by this Agreement
if you use the Online Casino or the Website or the Software in any
way, including, but not limited to, initiating or making a deposit
through your Account or submitting your deposit details to us.
11. GOVERNING LAW
| 11.1 |
The construction, validity and performance of this agreement
will be governed by the laws of Antigua and Barbuda. However, this
shall not prevent us from bringing any action in the court of any
other jurisdiction for injunctive or similar relief. The English
language version of this Agreement will prevail over any other
language version issued by us. |
| 11.2 |
The illegality, invalidity or enforceability of any part of
this agreement will not affect the legality, validity or
enforceability of the remainder. |
12. NOTICES
| 12.1 |
You agree to receive communications from us in an electronic
form. Electronic communications may be posted on the pages within
the Website and/or the messages/help files of your client
application, and/or delivered to your e-mail address. All
communications in either electronic or paper format will be
considered to be in "writing" and to have been received no later
than five business days after posting or dissemination, whether or
not you have received or retrieved the Communication. We reserve
the right, but assume no obligation, to provide communications in
paper format. |
| 12.2 |
In the interest of fair gaming, when the total amount of
bonuses given per account exceeds 50%, the comp point ratio
applied to the account may decrease. |
| 12.3 |
Any notices required to be given in writing to us or any
questions concerning this Agreement should be addressed t |
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