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ПРАВИЛА И УСЛОВИЯ

GENERAL TERMS AND CONDITIONS

1. INTRODUCTION: CONSTITUTION OF TERMS AND CONDITIONS

1.1 By using and / or visiting any section of the Web site or opening an account with a company of the group of companies of the Operator (determined by reference to paragraph 2 of the General Terms and Conditions) through the Web Site, you agree to be bound by:

1.1.1 the Terms and Conditions, on this page; and

1.1.2 the Privacy and Safety policy, and, accordingly, you agree to the use of electronic communications for contact. Also, you waive any right or provision requiring a handwritten signature, to the extent permitted by any applicable law. These Terms and Conditions do not affect your rights under the law.

1.2 Also, by participating in any of the games of the Website, you agree to be bound to comply with:

1.2.1 The "House Rules", "Rules of the Game" and / or "Tournament Rules" or any rule or condition contained in the Website;

1.2.2 the terms and conditions and / or rules governing promotions, bonuses and special offers, as described in the "Promotions” Section, Terms and Conditions on Promotions and "Terms and Conditions on Bonuses" (or any section with a similar title) of the website.

1.2.3 The terms and conditions governing withdrawals described in section "Withdrawal" (or similarly named) of the Web Site; and

1.2.4 all additional terms and conditions for end users that You must agree with as a condition to download and / or install any software in order to use the Website.

1.3 All terms and conditions in paragraphs 1.1 and 1.2 above shall be collectively referred to as "General Terms and Conditions of Use" hereinafter "Terms of Use".

1.4 Read the Terms of Use carefully before accepting them. Once you accept the Terms of Use, print and keep them, along with all e-mail confirmation, additional terms, transaction information, game rules, fair deal rules and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

1.5 If you do not agree to be bound by the Terms of Use, we ask that you do not open an account and / or continue using your account. Your continued use of the Website constitutes acceptance of the Terms of Use that we notify you as in force in a timely fashion.

1.6 The Terms of Use govern Your contract with the corresponding company within the group of the operator, as determined by reference to paragraph 2 below, and will take effect on June 1, 2012.

2. GENERAL TERMS AND CONDITIONS

2.1 THE PARTIES

2.1.1 The Terms of Use shall be agreed between you and the following company in the Operator's group:

2.1.2 440 GROUP NV, a company registered in Curaçao under number 126 068, with registered office at E-Commerce Park, Vredenberg, Curaçao.

2.1.3 with 440 Media Group Limited, a company registered in Malta, a subsidiary of 440 Group NV, with the number C56724, with registered office at Suite 724, Ftieh Street, Birkirkara Bypass, Birkirkara, Malta.

2.2440 GROUP NV will be referred to in these Terms of Use as "the Operator". The Operator is a remote provider of gambling and betting services.

2.3 The Web Site and its Terms of Use have been translated into various languages to be used by the citizens of the countries that speak those languages.

2.4 440 GROUP NV is licensed and regulated by the regulatory authority of Curacao, under license number 8048/JAZ.

2.5 Any reference in the Terms of Use to "us" or "our" shall refer to the company with whom you contract, as specified above, or, in the case of terms and conditions relating to funds kept in your account in a timely manner, to the company of the Operator’s group that holds those funds as trustee, also said terms (where appropriate) will include our agents, partners and suppliers.
2.6 To avoid any doubt, all sections of the Website are governed by the Terms of Use, and You shall ensure at all times to use the Website in accordance with such Terms of Use.
2.7 You can contact us by any means made available that is informed in the Casino 440 website.

3. AMENDMENTS TO THE TERMS OF USE

3.1 We may need to modify the Terms of Use in a timely manner for various reasons, including, among others, for commercial reasons, and / or to comply with laws or regulations, and / or comply with instructions, guidelines or recommendations of a regulatory body; or for reasons relating to customer service. The most current version of the Terms of Use can be accessed from the link "Terms and Conditions" at bottom of the Website, and the date that these will become effective in paragraph 1.6 of the Terms of Use.

3.2 If we intend to make substantial changes to the Terms of Use, whenever reasonably possible, we will notify you of these changes with as much notice as is reasonably possible using one of the methods set out in paragraph 3.3. In the case of minor or insubstantial changes, you may not be notified of it, and so you are advised to review the terms and conditions available through the link "Terms and Conditions" on the Site.

3.3 When we make changes to the Terms of Use, which we wish to notify, we will do that by:

3.3.1 Postal mail; and / or

3.3.2 email (to the email address that you have previously provided); and / or

3.3.3 a notice on the Website.

3.4 If any modification is unacceptable to you, you can stop using the Web Site and / or close Your Account by the procedure specified in paragraph 12 of the Terms and Conditions on Promotions. Your continued use of any portion of the Website after the date set for the entry into force of the Terms of Use shall be deemed as your binding acceptance of the modified Terms of Use, including, for the avoidance of doubt, any addition, removal, replacement and other modification of the identities of the parties mentioned in paragraph 2.1 of these Terms and Conditions on Promotions, regardless of whether you are aware of them or read the modified Terms of Use.

3.5 We may also modify these Terms of Use by notification on the website, along with an invitation for you to accept the new Terms of Use by clicking "yes", "I accept", checking a check box or other similar method involving a confirmation by You. By providing such confirmation, you will accept and be bound by the new Terms of Use.

4. HOW TO OPEN AN ACCOUNT

4.1 In order to participate in the games through the Web Site, you must open an account with the Operator ("Your Account").

4.2 For various legal and commercial reasons, we do not allow opening or using an account to customers located in certain jurisdictions, including Hong Kong, Israel, Bulgaria, Spain, Nigeria, Irak. We may modify the list of jurisdictions in a timely manner, with or without notice. You agree not to open an account or attempt to open your account, if you are located in one of these jurisdictions.

4.3 In order to open Your Account for use with the Web Site, you must follow the instructions on the link "Register", or similar on the Site.

4.4 Your Account will be operated by the relevant company You get into contract with as identified by reference to paragraph 2.1, but in some cases it may be operated by another company within the same group of companies of the Operator on their own behalf and the corresponding company you get into contract with.

4.5 When you open Your Account you will be asked to provide personal information, including your name and date of birth, and contact information, including your address, phone number and email address ("Your Contact Information"). You can update your Contact Information on a regular basis by contacting our Customer Service.

4.6 If you do not want your contact information to be used by us and our business partners to contact you in order to provide marketing information related to other goods, products or services offered by us or our partners, you must indicate your choice by checking the corresponding box, as indicated when opening an account on the web Site.

4.7 You hereby acknowledge and agree that by using the Website, there is a risk that you can both win and lose money.

4.8 Your account must be registered under your own name, which must be correct. You can open only one account with us on our Website. All other accounts you open with us regarding the Website will be considered a "Duplicate Account". Any Duplicate Account may be closed by us immediately and:

4.8.1 every transaction from a Duplicate Acount shall be void;

4.8.2 all bets or deposits made using such Duplicate Account will be returned, and

4.8.3 You will lose the right to claim any return, any gain or bonus earned or accrued during the period when the Duplicate Account was active, an amount that may be claimed by us, and that, at our request, you will return to us, any sum withdrawn from the Duplicate Account.

5. VERIFICATION OF IDENTITY, REQUIREMENTS RELATING TO MONEY LAUNDERING

5.1 By accepting the Terms of Use, you authorize us to make any verification that we demand on our own or in accordance with a requirement imposed by third parties (including, among others, regulatory bodies) to confirm these data (the "Checks") . You agree that, in a timely manner and upon our request, you may be asked to provide additional information regarding the information you have provided to us, on any deposit you made in Your Account. In addition, you warrant that:

5.1.1 You are not under the age considered to be legal of:

5.1.1.1 18 (eighteen) years; or

5.1.1.2 the age at which gambling or gaming activities are considered legal under the law or jurisdiction that applies to you ("the Relevant Age"); and

5.1.2 The name and address you provided when opening Your Account are correct, and

5.1.3 You are the rightful owner of all funds deposited in Your Account at any time.

5.2 During the performance, on a timely basis, of checks, we may restrict withdrawals from Your Account and / or prevent access to all or certain parts of the Website. Note that we can, in a timely manner, perform the Checks again for regulatory, security or other business reasons. If any of these restrictions caused any problems, please contact Customer Service.

5.3 In certain circumstances we may need to contact you and ask you to provide additional information directly to complete the Checks. If you do not provide this information, or you cannot, then we may suspend Your Account until you provide this information, and / or close your account permanently.

5.4 The use of the Website by persons under the Relevant Age may be a crime. If we cannot confirm that you have the Relevant Age, we may suspend Your Account until we can confirm that you have the Relevant Age. If it was found later that you were under the Relevant Age at the time you gambled or carried out gaming transactions with us, in such case we will:

5.4.1 close Your Account;

5.4.2 all transactions made while You were underage will be void, and all funds related to those transactions deposited by you, will be returned;

5.4.3 all bets placed by you were an underage will be returned, and

5.4.4 You will lose the right to claim any winnings that were accumulated during the period when you were an underage, and will you return, at our request, any amounts that have been withdrawn from Your Account on these conditions back to us.

6. USERNAME, PASSWORD, PIN NUMBER AND CUSTOMER INFORMATION

6.1 After opening Your Account, you must use all reasonable means to avoid disclosing, either deliberately or accidentally, your username, password and / or account number to anyone. All transactions where your user name and password and / or account number have been entered correctly will be regarded as valid, irrespective of whether it has been authorized by you, and we will not be liable for any claim in the event that You reveal your username, password or account number to anyone else.

6.2 If you have lost or forgotten Your Account details, please contact us immediately for a replacement via the Customer Service, whose details are available in the 24/7 Support website

7. MONEY DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT

7.1 If you want to play games via the Casino 440 website, you must deposit funds into Your Account. You may use these funds to participate in the games of the Website. You can find more information on how to deposit, withdraw and transfer funds in the Payments section of the player menu "My Info".

7.2 You further agree not to apply user fees, chargebacks or other cancellation of any money deposited in your account, and, faced with this situation, You agree to reimburse or compensate us for such unpaid deposits including any expenses incurred by our part in the process of collecting Your deposit.

7.3 Your Account is not a bank and therefore not insured, guaranteed, sponsored or protected by any bank or deposit insurance system or other similar insurance system. No amount of money deposited in Your Account generates any interest. Any amount deposited with us will be kept in a standard bank account and / or escrow account in the name of the Operator or another company within the same group as the Operator, which will keep such sums as trustee of Yours and of other persons entitled to them. Thus, in case of insolvency, You will be entitled to claim any funds under your name on the account, but you will not have any protection under any statutory scheme of deposit insurance.

7.4 We may at any time deduct from any credit balance in Your Account any amount owed by You to any company within the group of the Operator, including, and without limitation, in the event that we amend the settlement of any bets in accordance with paragraph 4.8 (Duplicate Accounts), paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).

7.5 You are responsible for reporting your gains and losses if local law or tax authorities or other local authorities so require.

7.6 You can set a daily limit of deposits into Your Account. This limit may not be increased without notice on your part, received twenty-four (24) hours in advance, and this increase will take effect only after the expiry of the twenty-four (24) hours period of your request with respect to such increase. For more information on how to set a deposit limit, please contact the Customer Service.

7.7 Pursuant to paragraph 12 (Closure of Your Account, etc.), You may request a withdrawal from your account at any time, provided that:

7.7.1 any payment made to Your Account has been confirmed as cleared funds and none of those payments has been charged to the user, reversed or canceled in any other way;

7.7.2 all checks mentioned in paragraph 5 above is completed by us to our satisfaction. For that purpose, we are further entitled, in our sole discretion, to request that you agree to provide notarized identification, or any equivalent certified identification in accordance with applicable law in Your jurisdiction or otherwise, proof of residency, proof of utility payment, bank details, bank statements and bank references; and

7.7.3 You have complied with any additional conditions relevant to the withdrawal of funds, and shown on the relevant website.

7.8 In a Withdrawal approved by us, and on condition that you provide sufficient information regarding the type of transfer of funds, we will pay the relevant funds in accordance with paragraph 7.8 (minus the charges incurred or any amount of these Withdrawn Funds required to satisfy any applicable law).

7.9 We will try to honor your request regarding the payment method and currency selected for Your withdrawal. However, we cannot guarantee it. Therefore, we may process and pay withdrawals using a payment method other than the one requested by You, for example, through a payment service provider other than a bank draft or wire transfer. Similarly, in certain cases, it is possible that the currency of Your withdrawal is other than the currency in which your deposit was made or that You requested.

7.10 Withdrawals from Your Account will be subject to withdrawal limits set out in the Website, which can be found in the "Payments" or on the information section for "Withdrawals" in the menu. The deadlines for withdrawals set out in the relevant section of the Website only begin once all Checks mentioned in paragraph 5.2 of these Terms and Conditions have been completed to our satisfaction. All withdrawals will be subject to the provisions of paragraph 7.7 of these Terms and Conditions.

7.11 We will keep the funds in the deposit account and / or escrow account referred to in paragraph 7.3, as trustee and not as a banking entity or debtor. Therefore, notwithstanding any other provision of the Terms of Use, we will administer your money as trustee, and none of these provisions will create or result in any obligation on part of the Operator (or any company in the Operator’s group) to pay to you any sum as debtor.

7.12 440 Casino is not a financial institution and acts as a financial intermediary in the foreign exchange market. Therefore, when referring to local currency, the player understands that the deposit or deposit funds into your player account is done for all purposes in the currency Dollar, Pound Sterling and/or EURO depending on the configuration of your account, with a corresponding value in the local currency and you can check with the bank with which it has contracted with cards, deposits and / or savings in your country. The values of their income or deposit in your local currency appearing or appear at the time of doing are for information only and not contractual. You should check with your bank or financial institution exchange values that have been applied to make the deposit or deposit in your Casino 440 account.

8. LEGAL USE OF THE WEBSITE

8.1It is possible that your access or use of the Web Site or any of the products offered via the Website may not be legal for some or all residents or persons located in certain countries. We do not intend the Website to be used to place bets, play games, or for any other purpose, by people located in countries in which such activities are illegal, including the United States of America. We make no representation or warranty regarding the legality or any other aspect of the access and use of the Website, or regarding your deposits or receipt of income from Your Account. The Website does not constitute an offer, promotion or invitation on our side to your use or subscribtion to betting activities, games or other services in any jurisdiction in which such activities are prohibited by law.

8.2 It is Your responsibility to determine which law is applicable to the jurisdiction in which you are located. You must be sure to proceed in accordance with the law in your jurisdiction when opening Your Account and / or using the Website and You represent, warrant and agree to proceed in this way.

9. PARTICIPACION IN THE GAMES OF THE WEBSITE

9.1 To participate in betting or gaming activities via the Website, you must log into your account and deposit funds in it.

9.2 No bet placed by you with us will generate any tax. All transactions made through the Web Site will be celebrated in the language of the Web Site version in which you made the transaction.

9.3 It is Your responsibility to ensure that the details of every transaction made by you are correct before confirming the bet to play the game.

9.4 You can access your transaction history by clicking on "My Info" on the Website.

9.5 We reserve the right to reject all or part of any transaction requested by you through the Site, for any breach by You of these Terms of Use. We will accept no transaction until we have confirmed such acceptance through a message on the screen. If You do not receive a confirmation that your transaction has been accepted, you may not have been successfully accepted by us.

9.6 Once you have received the confirmation from our side, you can not cancel the transaction unless we agree otherwise.

9.7 We may cancel or change a transaction in accordance with the provisions of paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).

10. REMOTE PARTICIPATION IN GAMES AND BETS

10.1 When You participate in games or bets via electronic communication, you must take into account that:

10.1.1 Regarding Your use of the Website to place bets or play games:

10.1.1.1 You may be using equipment or a connection that is slower than the equipment used by others and this can affect Your performance in events where time is a critical factor offered through the Website;

10.1.1.2 You may find defects, failures or system errors, or experience an outage, circumstances that will be treated in accordance with paragraph 17 (IT Failure);

10.1.1.3 The rules for each event or game offered via the Website are available and you should consider them prior to using the products offered via the Web Site, and

10.1.1.4 On games offered via the Website which benefit from more players or greater liquidity we may deploy electronic players (known as robots, whose user name will be "bot"), pre programmed to play and engage with the player to contribute to the liquidity or the number of players in the game, and

10.1.2 With respect to Your use of the Website, if you are placing bets at an "live" event, you may not, at any relevant time, see or otherwise receive the latest information regarding the event.

11. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

11.1 If you are playing in "peer-to-peer" events on the Website (i.e. against third parties, for example, when playing poker), you can not see who You are playing against and the other party may possibly:
  • collude with other third parties and / or
  • use undue external factors or influences (commonly known as cheating), and / or
  • participate in fraudulent activities involving a disadvantage to You and an advantage to such third party.


11.2 If you suspect an act of collusion, cheating or fraudulent activity, you must inform us as soon as reasonably practicable, by email or by calling our Customer Service.

11.3 You agree not to engage in, or be associated with, any form of collusion, cheating or fraudulent practice, or any kind of criminal activity with respect to your access or use of the Website. Any violation of this paragraph committed by You shall be a violation of the Terms of Use

11.4 IF:

11.4.1 We have reasonable grounds to believe that:

11.4.1.1 You have participated in or been associated with any form of collusion, cheating or unfair or deceptive practices, or any other form of criminal activity; or

11.4.1.2 You have obtained, in respect of any bet placed or game in which you have participated, an undue advantage over us or any other person involved in the game in question; or

11.4.1.3 There have been acts of collusion, fraud or any kind of cheating in a game in which you participated; or

11.4.2 We become aware that You have placed bets and / or participated in online games with any other online provider of gambling services and are suspected (as a result fo such game) that you have engaged in acts of collusion, cheating or have committed fraud (including with respect to user charges), or participated in any criminal or undue activity; or

11.4.3 We become aware that You have requested a chargeback or rejected any of the purchases or deposits made to Your Account, or

11.4.4 You are declared bankrupt or subject to a similar procedure anywhere in the world. In such cases, we are entitled to suspend Your Account for an indefinite term, and / or retain all or part of the balance of Your Account, and / or close Your Account and terminate the Terms of Use; and / or deduct from Your Account the amount for any distribution of payments, bonuses or winnings which have been affected by any of the situations described in paragraphs 11.4.1 to 11.4.4 (inclusive) above.

11.5 For the purposes of paragraph 11.4.1

11.5.1 our determinations will be based on the application, by us and by our gaming partners and other providers, of any practice used to detect fraud, cheating or collusion activities used in the gaming industry and said game at that time;

11.5.2 a "fraudulent practice" includes the use, by You or by any other person involved in the same game as you at some point, of a stolen, cloned or unauthorized credit card, as a source of funds;

11.5.3 a "criminal activity" shall include money laundering; and

11.5.4 an "undue advantage" includes: taking advantage of a flaw, error or security problem ("a loophole" or security hole) in our software (including games), the use of automated players (known as "bots"); or taking advantage of an 'error' as defined in paragraph 18.1.

11.6 In exercising our rights under paragraph 11.4 under the provisions of paragraph 11.4.1, we agree to carry out a thorough investigation of the foundations of our considerations (which may take place after we have initially suspended Your Account or withheld the balance of Your Account, as applicable), in accordance with our usual practices and to our satisfaction. We further agree to complete such investigations in a timely manner. We agree to make all reasonable efforts to ensure that, when fulfilling our legal and regulatory obligations, we exercise our rights under this paragraph in a fair manner to you and to all other customers.

11.7 We reserve the right to inform relevant authorities, other gambling operators or online gaming services, online service providers and banks, credit card companies, suppliers of electronic payment services and other financial institutions of Your identity and suspicion of illegal, fraudulent or improper activity, and You agree to fully cooperate with us to investigate any activity of such characteristics.

12. CLOSING YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE

CLOSURE AND TERMINATION ON YOUR PART

12.1 You have the right to close Your Account and terminate these Terms of Use via a notification at least 15 days in advance, provided that Your Account does not present a balance due. You will need to contact us, and clearly state:

12.1.1 Your willingness to close Your Account; and

12.1.2 the reasons why you want to close Your Account, especially if that decision is related to concerns regarding your level of use of Your Account.
We will respond to your request and confirm the closure of Your Account and the date of such closure, within a reasonable timeframe, provided that You continue to assume responsibility for all activity on your Account until we process such closure.

12.2 The Terms of Use shall be effectively terminated from the date the closure of your Account is processed. When You request the closure of Your Account, we will refund any credit balance in Your Account via the payment method you indicated when you registered Your Account, or other payment method accepted that you would have further indicated, except for the case in which those sums are retained under paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity), paragraph 20 (Violation of Terms of Use) of these Terms and Conditions.

12.3 When You have close Your Account, in certain circumstances we may reopen Your account with the same data upon your request. In such circumstances, although the data of your account will be the same as before, it will be governed by the Terms of Use in force at the date when the account is reopened, and all previous laws (including, inter alia, rights to bonuses or conditional earnings) will be invalid.

CLOSURE AND TERMINATION ON OUR PART

12.4 If your account remains inactive for a period of six (6) consecutive months, we may close or suspend Your Account without notice. In case of such account closure, the Terms of Use will terminate automatically on the date the closure is effectively processed.

12.5 We may close Your Account and terminate the Terms of Use via a written notice (or attempted notification) to You using Your Contact Information. Such closure and termination on our part, except when it operates under paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 20 (Violation of the Terms of Use) of these Terms and Conditions, we will, as soon as reasonably practicable after we receive your request, refund the balance of Your Account via the payment method provided by you when registering your account, or any means of payment accepted which You may have subsequently approved.

12.6 When we close Your Account and terminate the Terms of Use under paragraphs 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 20 (Violation of the Terms of Use) of these Terms and Conditions, the balance of Your Account will be non-refundable and you will lose any rights to those funds. The closure of Your Account and the termination of the Terms of Use, unless when subject to paragraphs 11 or 20 of these Terms and Conditions, shall not affect any of your pending bets, provided that such bets are valid and that you have not committed any violation of the Terms of Use.

12.7 The following paragraphs shall survive termination of the Terms of Use: 11, 19, 20, 21, 22, 23, 25, 26, 28, 29, 30, 31 and 32 and every other paragraph necessary for the purpose of interpretation, together with all relevant sections of the Betting Rules and the Privacy Policy.

12.8 WE will not credit any bonuses into Your Account, nor will you be entitled to any conditional earning, at any time during the suspension of the account or after the date on which it is closed (either by us under these Terms of Use, or in response to Your request).

13. ACCESS AND USE OF THE WEBSITE 

13.1 You are entirely responsible for the provision and maintenance of all computer equipment and telecommunications networks and internet access services that you need to access the Website. In no event will we be liable for any loss caused to you by the Internet service provider or telecommunications that you have hired to access the website.

13.2 You shall not, under any circumstances, use the Website for any purpose that is or may reasonably be considered to be defamatory, abusive, unlawful, or of racist, sexist or discriminatory nature in any other respect, or which could cause offense. You may not use any content or images that are insulting or aggressive, abusive, threatening, or harassing to any other person, including other users of the Website, or behave in such manner with the staff of the Operator to provide Customer Care Services, or to any helpdesk or support employee available to assist you.

13.3 You shall not cause corruption of the Website or overload it with information to generate Web site failures, nor shall you use any function to affect the operation of the Web Site, for example, among others, introducing or spreading viruses, worms, logic bombs or similar threats. Sending multiple e-mails or "spam" is strictly prohibited. You shall not interfere or tamper with, remove or alter in any way any information contained on the Website in any form.

13.4 You shall use the Website for personal entertainment only and will not be allowed to provide access or reproduce the Website or any part thereof in any form without our express consent, including creating links to the Website.

13.5 For several legal and commercial reasons, we reserve the right to restrict access to the Website to clients located in certain jurisdictions.

13.6 You agree to indemnify and hold harmless both us and our officers, directors, employees, agents, contractors and suppliers (including, without limitation, the Software Provider), against all losses, costs, expenses, claims, demands, liabilities and action for damages (including legal fees), caused in any way, that may arise as a result of or in connection with:

13.6.1 the access and use of the Website by You or any other person using your User name and Password; and / or

13.6.2 Your breach of any of the terms and provisions of these Terms of Use.

14. TERMS APPLICABLE TO BETS AND GAMES

14.1 The expressions used in the gaming and betting industry are different. When necessary, you have a glossary explaining the meaning of the betting and gaming expressions that are commonly used, available in the "Help" section of the Web Site. If you have any doubt as to the meaning of any expression, you must look at the glossary located in the "Help" Section related to the event or game that you're betting on or participating of. If you still have questions, please contact the Customer Service, and you shall not place any bets until you have understood the meaning of that term to your satisfaction. We will not accept any liability in the event that you place a bet or participate in a game through the products offered by the Website if you do not understand any of the terms used in or related to betting or gambling.

15. ALTERATION OF THE WEBSITE

15.1 We may, at our discretion, alter or amend any product offered through the Website at any time to ensure the continued provision of the Website, and we may alter the prices offered on the products of the website, as long as these do not affect the games and / or bets already in progress. In a timely manner, we may restrict access to some parts of the Website for maintenance of the Website and / or alteration or modification of any of the products offered in it.

16. SOFTWARE

16.1 It may be necessary to provide software ("Software") supplied by third parties to enable the use of the products offered via the Web Site.

16.2 In such circumstances, you may be asked to accept the terms and conditions of use for the end user with respect to such Software, established by the third party (a "Contract of Use of Software by a Third Party " or "EULA" End User License Agreement) to use the Software. In case of any discrepancy between the Terms of Use Agreement and any Third Party Software Use Contract, the Terms of Use shall prevail. Third Party Software Use Contracts that we may request you to accept include:

16.2.1 MICROGAMING Software Limited - to download Casino and Poker products where appropriate.

16.3 You shall not interfere with, modify or reverse engineer, or attempt any such action on any software provided to you by us and / or any third party, except when allowed by law.

17. IT FAILURE

17.1 In the event of any unexpected software or hardware failure, defect or error in the system we use to provide the Website, we will take immediate steps to fix the problem. Where such failures, defects or errors in a game cause interruptions in circumstances where it can not be restarted from exactly the same position without detriment to You or other players, we will take all reasonable steps to give you just treatment.

17.2 We assume no responsibility for computer failures caused by the computer that you or other players use to access the Web Site, or failures related to Your Internet service provider or supplier of the other players.

18. ERRORS OR OMISSIONS

18.1 Various circumstances may arise where a bet is accepted, or a payment made by us in error. Below is a non-exhaustive list of such circumstances:

18.1.1 in case we erroneously indicate any term of the betting game as a result of an obvious error or omission in the entry of information, or because of computer malfunction;

18.1.2 if we continue to accept bets on a market that should have been suspended, even when the event in question is proceeding or is over (sometimes referred to as "late bets");

18.1.3 in case we make a mistake as to the amount of profit / return paid to you, even as a result of a manual error or computer error when entering information (commonly referred as "Liquidation error") shall refer to all circumstances referred to using the term "Error".

18.2 We reserve the right to correct any errors made in respect of a bet placed and liquidate it again according to the correct terms that were available or should have been available through the Operator (absent due to a publishing error) at the time the bet was placed, and we will consider that the bet was placed in accordance with the terms which were usual for that bet.

18.3 Any amount credited to your account or paid to you in Error will be considered as held by You as a trustee and shall be repaid upon the requirement of a payment that we send you. In those circumstances, if you have funds in Your account, we will be entitled to claim the funds of your account in accordance with paragraph 7.4. We agree to make all reasonable efforts to detect any Errors and inform you about it as soon as possible.

18.4 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of profits resulting from any error on our part or an error on their part. You lose the right to claim for any gain / loss arising from any such errors.

18.5 In case you used any funds credited to your account or given to you as a result of a error to place bets or play games subsequently, we may cancel such bets and / or withhold any amount earned with such funds, and if we had already paid the earnings of such bets or games, such amount shall be treated as held by You as trustee for us and shall be repaid upon a payment sent to you by us.

19. DISCLAIMER

19.1 Your access and use of the products offered through the Web Site shall be at your sole discretion, option and risk. We will not be responsible for any attempt to use the Web Site through means, ways and methods other than those stipulated by us.

19.2 We will use the standard of reasonable care and skill in providing the Website, which will be substantially provided as described in these Terms of Use. We will not express any commitment or additional warranty regarding the Web Site or the products offered through the Site web, and we hereby exclude (to the extent permitted by law) any implied warranties thereto.

19.3 Except as provided in the Rules of Betting, the maximum liability to you or any third party, arising from the Terms of Use or Your use of the Website, whether as a result of a breach of contract, tort (including negligence), or otherwise, shall be limited within each period of six (6) months to a sum greater than: (a) the amount you have deposited in your account during such six (6) months in relation to the product offered by us which resulted in the liability in question, and (b) five thousand US dollars ($ 5,000).

19.4 We (including our parent and subsidiary companies, affiliates, officers, directors, agents and employees) will not be liable to You, whether in contract, tort (including negligence) or otherwise for any profit earnings, including, among others, loss of data, profits, revenue, business opportunities, goodwill or reputation, or interruption of business, nor for any loss that we cannot foresee at that time, as a result of the Terms of Use or Your use of the Website.

19.5 Nothing in these Terms of Use will operate to exclude any liability on our part regarding the commission of a fraud, with a death or personal injury caused by our negligence.

20. VIOLATION OF THE TERMS OF USE 

20.1 You should indemnify us entirely for all claims, liabilities, costs, expenses (including legal fees) and any other charges arising from your violation of the Terms of Use or any violation by You or by any other person using Your account (regardless of whether that person has been authorized by you) of any law in force in any jurisdiction that applies to you, the web Site.

20.2 If you committed a violation of the Terms of Use, we reserve the right, but are not obliged to:

20.2.1 Notify you (using Your Contact Details) that You have committed a violation, order the cessation of the action or inaction in question, and / or require you to correct an act or breach on your part, and warn about the measures we may take if you do not proceed in the manner requested, and / or

20.2.2 suspend Your Account so that you cannot place bets or play games on the Web Site for as long as we determine, and / or

20.2.3 close Your Account and terminate these Terms and Conditions, with or without prior notice.

20.3 We have the right to disable any user identification code or password, whether chosen by you or assigned by us, at any time if, in our reasonable opinion, you have breached any provision of the Terms of Use.

20.4 In addition to any other remedy our part, if you commit a violation of the Terms of Use, you will forfeit your right to your winnings. In such circumstances the Operator may retain any credit balance in Your Account at the time.

21. INTELLECTUAL PROPERTY RIGHTS

21.1 All design, text, graphics, music, sound, photographs, video, of the Web Site, any provision of these elements, software compilations, underlying source code, software and all other material contained within the website is subject to copyright and other intellectual property rights, whether owned by us or used under a license provided for third party rights. To the extent that any material on the Website may be downloaded or printed, such material may be downloaded to a single personal computer, and the hardware sections may be printed for personal use only.

21.2 The use of the Web Site does not grant any user, in any circumstances, any participation in any intellectual property rights (e.g. copyright, specific knowledge ("know-how"), or trademarks) of our property or owned by third parties.

21.3 You are not granted any rights to use or produce any trademark or logo on the Web Site, except to the extent specifically permitted in accordance with the Terms of Use.

21.4 You shall not, nor allow others to, copy, store, publish, rent, license, sell, distribute, alter, add, delete, remove or tamper the Website or any part thereof in any form, whether directly or indirectly, nor disturb, interfere (or attempt to disrupt or interfere), or alter the website, except to visit or use the website in accordance with the Terms of Use.

21.5 All intellectual property rights of the Website, logos, designs, trademarks or other distinctive brand features of the Operator, and all content provided by the Operator on the website are the property of the Operator. You agree not to display or use such logos, designs, trademarks or other distinctive brand features in any way without prior written consent.

22. VIRUSES, HACKING AND OTHER OFFENCES

22.1 You must not misuse the Website by introducing knowingly or negligently, viruses, Trojans, worms, logic bombs or other technologically harmful material. You must not attempt to gain unauthorized access to the Website, the server on which 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 a distributed denial of service attack. The violation of this provision may involve the commission of a criminal offense under the Computer Misuse Act 1990. We will inform any violation referred to above to the appropriate enforcement authorities, and cooperate with the authorities to reveal your identity. Upon such violation, Your right to use the Website will cease immediately.

22.2 We will not be responsible for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, software, information or other material owned by you due to Your use of the Website or your downloading of any material posted on the web site or any web site with a link to the Website.

23. YOUR PERSONAL INFORMATION

23.1 All information stored by us in your account is stored securely and confidentially, except in circumstances where it is established otherwise in these Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

23.2 We are required by law, such as the Data Protection Act 15/1999, Spain and, where relevant, the Data Protection Act 2004 in Curaçao, to comply with data protection requirements relating to our use of all personal information collected from you during your use of the Website. Therefore, we take very seriously our obligations in relation to the way we use your personal information.

23.3 When you use the Website, we will need to collect certain information about You, including Your name and date of birth, Your Contact Information and possibly information about Your marketing preferences (collectively, "Your Personal Information").

23.4 By providing us with your Personal Information, you consent to our processing of such information, including any portion thereof that may be particularly sensitive:

23.4.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and

23.4.2 for other purposes when we need to process Your Personal Information for the purposes of the operation of the Website, even to share it with our service providers and agents for these purposes, for example, with our postal service providers, marketing services and customer service agents. We may also disclose your personal information to comply with a legal or regulatory obligation.

23.5 We will keep copies of every communication that you send us (including copies of all emails) to keep accurate records of the information we have received from you.

24. USE OF COOKIES ON THE WEBSITE

24.1 The Web Site uses "cookies" to track your use of the Website and to help the functionality of the Website. A cookie is a small text file that is downloaded to your computer when you access the Web Site and allows us to recognize you when you return to the Web site. We use cookies for the operation of the Website, in order to, for example, let you keep your access to the site while browsing elsewhere and use your account to gamble or play games in different parts of the Website. We also use cookies for our own analytical purposes, so as to be able to identify the parts of the web site where customers have encountered technical problems, which, therefore, helps us improve the customer experience.

24.2 If You do not agree with the use of cookies or want to delete any cookies that have already been stored on your computer, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies in your file management software. For more information on deleting or controlling cookies, see our Privacy and Security policy, or visit www.aboutcookies.org . Note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.

25. CLAIMS AND NOTIFICATIONS

25.1 No consideration will be given to any claim or dispute relating to the acceptance or liquidation of bets you have made through the website after 30 days from the date of the original transaction. No consideration will be given to any claim or dispute relating to a game in which you have participated through the Web Site after 12 (twelve) weeks after the date on which the relevant transaction or game took place.

25.2 If you wish to file a claim regarding the Website, the first step should be to contact the Customer Service as soon as possible regarding your claim.

25.3 Given a dispute, both You and the Operator agree that the records on the server will act as the final authority in determining the outcome of any claim.

25.4 You agree that the random number generator will determine the outcome of the games of the Website and accept the results of those games. You further agree that in the unlikely event of a discrepancy between the result showing on your screen and the game server, the result showing in the game server shall prevail, and you acknowledge and agree that our records will be considered the highest authority in determining the terms and circumstances of Your participation in the corresponding online game and the results of such participation.

25.5 When we want to contact you, we will do so through your Contact Information. Notifications shall be deemed to have been duly issued and received by you immediately after you send an email or after we get in touch with you by phone (including the case where we leave a voice message) or three (3 ) days after the date on which we sent you a letter by mail. In order to prove that a notice has been sent, it will be sufficient to prove, in the case of a letter, that such letter was addressed to the correct address, and that it was sealed and deposited in the mail properly, and in the case of an e-mail notification, that it was sent to the specified email address (if so) in your Contact Information at the time that the email was sent.

26. INTERPRETATION

26.1 The original text of the Terms of Use is in Spanish, and any interpretation of them is based on the original Spanish text. If the Terms of Use or any documents or notices related to them are translated into another language, the original version in Spanish shall prevail.

26.2 In case of any conflict or inconsistency between the terms and conditions that are part of Your contract with the Operator as identified in paragraphs 1.1 and 1.2, the order of precedence will be as follows:

26.2.1 First, all terms and conditions relating to promotions, bonuses or special offers, as described in paragraph 1.2.2;

26.2.2 Second, any rule applicable to games, as described in paragraph 1.2.1;

26.2.3 Third, the General Terms and Conditions of Use;

26.2.4 Fourth, the Privacy Policy; and

26.2.5 Fifth, the terms and conditions of use for the end user mentioned in paragraph 1.2.1.

27. TRANSFER OF RIGHTS AND OBLIGATIONS

27.1 We reserve the right to transfer, assign, sublicense or grant as guarantee the Terms of Use, in whole or in part, to any person (but without Your consent) without prior notice, provided that such transfer is performed under the same terms or other terms that are no less favorable to you. You may not assign, sublicense or transfer in any other way any of Your rights or obligations under the Terms of Use

28. EVENTS BEYOND OUR CONTROL

28.1 We will not be responsible for any failure or late fulfillment of any of our obligations under these Terms of Use caused by events outside our reasonable control (a "Force Majeure Event").

28.2 Our compliance shall be deemed to have been suspended during the period of the Force Majeure Event, and we will have an extension of time to comply with our obligations equivalent to the duration of that period. We will use our best efforts to stop the Force Majeure event or to find a solution by which we can meet our obligations despite the Force Majeure Event. WAIVER

29. WAIVER29.1 If we do not insist on strict compliance with any of Your obligations or if we fail to exercise any of the rights and 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 Your obligations.

29.2 A waiver on our part of a breach does not constitute a waiver of any subsequent breach.

29.3 No waiver by us of any provision of the Terms of Use shall be effective unless it is expressly stated that it is a waiver and is communicated to you in writing in accordance with paragraph 25 (Claims and Notifications) above.

30. SEVERABILITY

30.1 If a competent authority determines that any of the Terms of Use is invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, separate the terms, conditions, and remaining provisions, which shall remain valid to the extent permitted by law.

30.2 In such cases, the portion deemed invalid or unenforceable shall be amended in accordance with applicable law to reflect, as closely as possible, the original intention of the Operator.

31. COMPREHENSIVE CONTRACT

31.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between you and us and supersede any previous contract, agreement or arrangement between you and us, either orally or in writing.

31.2 Each of us agrees that none of us has been guided by any representation, undertaking or promise expressed by the other party or that is implied from what has been said or written in our negotiations, except as expressly provided in the Terms of Use.

31.3 None of the parties shall be responsible for any action with respect to any untrue statement made by the other party, either orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the only recourse available to the other party shall be for breach of contract in accordance with the Terms of Use.

32. LAW AND JURISDICTION 

32.1 These Terms of Use shall be governed by and construed in accordance with the laws of Curacao.

32.2 Curaçao courts shall have jurisdiction in a non-exclusive manner with respect to any dispute arising from the Terms of Use

33. RESPONSIBLE GAMING / GAMBLING 

33.1 For those customers who wish to restrict their gambling, we provide a voluntary self exclusion policy, which allows you to close Your account or restrict your ability to place bets or play on the website for a minimum period of six months. You may request that the restriction continues for a period of up to 5 (five) years.

33.2 If you need any information on this feature, please contact Customer Service.

33.3 We will use our best efforts to ensure compliance with the self-exclusion policy. However, you agree that we are not responsible for your continued use and / or attempts to use the Website and we do not recognize or cannot determine that you have requested self exclusion in circumstances that are beyond our reasonable control . This includes, by way of example and among other situations, you opening a new account to place bets on a licensed Betting Office or by phone rather than online, or using a different name or address.

33.4
The international association that deals with the social impact of gambling (NationalAssociationforGamblingCareEducationalResources and Training, (GAMCARE) provides information, advice and guidance to individuals, their families and friends who have concerns about gambling in problematic circumstances. You can find more information and phone details on the website www.gamcare.com

33.5 The Operator is committed to supporting initiatives Ответственная игра

34. Ссылки

34.1 Any hyperlink to other Web sites is provided by us for informational purposes only. Your use of such links will be at your own risk, and we will accept no responsibility for the content or use of such Web sites, or the information contained therein. You may not post links to this site or submit your content inside of another website (what is known as "framing"), without our express consent.

35. CONTACT

35.1 You can contact the Operator at the addresses given in paragraph 2.1 above, or through the contact details in the "About Us" section of the Web Site.

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