Last Modified: 9 December 2014
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY BINDING AGREEMENT BETWEEN IMPERIAL E-CLUB LIMITED, UNDER THE BRAND NAME OF EUROPA CASINO AND YOURSELF (THIS "AGREEMENT"). PLEASE MAKE SURE YOU FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT. IF YOU HAVE ANY DOUBTS ABOUT ANY OF YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THIS AGREEMENT, PLEASE CONSULT LEGAL COUNSEL IN YOUR JURISDICTION.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I AGREE" BUTTON, DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE, AND REMOVE THE SOFTWARE FROM YOUR COMPUTER.
The following words and terms, when used with this Agreement, shall have the following meanings, unless the context clearly indicates otherwise:
|Applicable Laws||Any laws, rules and regulations relating to online gambling, access to or use of the Online Casino and/or the Website, or the making of Deposits to the Online Casino and receipt of any Withdrawals from it, and that apply to you in the country where you live, and, if different, from which you are conducting such activities, and that otherwise apply to you.|
|Deposits||Any transfer of funds from you to your Player Account either directly or through a Payment Provider.|
|Online Casino||Our Internet gaming system on the Website and related services and gaming activities as offered and listed at www.europacasino.com, including but not limited to, online casino and/or online bingo and/or any other games, where applicable.|
|Payment Provider||A third party payment processing company.|
|Player Account||One personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to play games on the Online Casino.|
|Software||The software licensed to us that is required to be downloaded, accessed or otherwise utilized by you from the Website for the purpose of enabling you to participate in the Online Casino, including any program or data file derived therefrom and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software.|
|Stake||Any monies wagered by a holder of a Player Account in play-for-real on the Online Casino.|
|Us/We/Ours||Imperial E-Club Limited, www.europacasino.com.|
|Username and Password||The username and password chosen by a person upon registration with the Online Casino.|
|Website||www.europacasino.com and any related sites on which the Online Casino is operated and are accessible via links or any other access method.|
|Winnings||Any winnings made by a holder of a Player Account in play-for-real on the Online Casino.|
|Withdrawal||Any transfer of funds from your Player Account to yourself either directly or through a Payment Provider.|
|You||The user of the Software downloaded from the Website.|
2. SUBJECT MATTER OF AGREEMENT
This Agreement covers the arrangements between you and us in relation to your use of the Online Casino for playing play-for-real and/or play-for-fun games, as applicable.
3. LEGAL REQUIREMENTS AND RESTRICTIONS
We are a corporation incorporated under the laws of Antigua and Barbuda. We are regulated for the purpose of operating a virtual casino on the Internet under the name www.europacasino.com, under a license issued by the Antigua and Barbuda Financial Services Regulatory Commission (FSRC).
3.2 You can only use the Online Casino and/or the Website if you are the legal age as determined by Applicable Laws.
3.3 In any event and under any circumstances, you cannot use the Online Casino and/or the Website if you are under 18 years of age.
3.4 Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We make no representation or warranty with respect to the legality or otherwise of (1) the access to and use of the Online Casino and/or the Website, and (2) the making of Deposits to the Online Casino and receipt of any Winnings from it, under any Applicable Laws.
3.5 We do not intend for anyone to 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 constitute an offer or invitation by us to use the Online Casino in any place in which such use is illegal. Use of the Online Casino is forbidden wherever prohibited by any Applicable Laws and any Winnings derived from such forbidden use will be void.
3.6 You accept sole responsibility for determining whether your use of the Online Casino is legal under any Applicable Laws. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your access to and use of the Online Casino and/or the Website, or the making of Deposits to the Online Casino and receipt of any Winnings from it, under any Applicable Laws.
3.7 We shall be entitled to inform relevant authorities, other online casino operators, 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 us to investigate any such activity.
4. LICENCE TO USE SOFTWARE
We hereby grant you a personal, non-exclusive, non-transferable right to use the Software, solely for playing in the Online Casino, in accordance with the following provisions.
4.1 This license applies only to the Object Code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software
4.2 This license does not apply to certain territories which are identified in the following paragraph, of which YOU SHOULD NOT BE A RESIDENT AND FROM WHICH YOU ARE NOT ALLOWED TO ACCESS OR USE THE ONLINE CASINO AND/OR THE WEBSITE AND/OR THE SOFTWARE, OR TO MAKE ANY DEPOSIT OR RECEIVE ANY WITHDRAWAL.
This list may be changed by us from time to time and IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY THIS END-USER AGREEMENT IN OUR WEBSITE REGARDING ANY CHANGES TO THIS LIST.
THE EXCLUDED TERRITORIES ARE AS FOLLOWS: AFGHANISTAN, ALAND ISLANDS, ANTIGUA AND BARBUDA, BAHAMAS, BARBADOS, BELGIUM, BELIZE, BULGARIA, CHINA, CUBA, CYPRUS, ESTONIA, DOMINICA, FINLAND, FRANCE AND ITS TERRITORIES, GRENADA, GUYANA, HAITI, HONG KONG, IRAN, IRAQ, ISRAEL, JAMAICA, LATVIA, LIBYA, MACAU, MONTSERRAT, NETHERLANDS ANTILLES, REPUBLIC OF SERBIA, ROMANIA, SINGAPORE, SPAIN, ST. KITTS AND NEVIS, ST. LUCIA, ST.VINCENT, SUDAN, SURINAME, SYRIA, THE PHILIPPINES, THE NETHERLANDS, TRINIDAD AND TOBAGO, TURKEY, UNITED KINGDOM, USA AND ITS TERRITORIES
4.3 You are not permitted to and will not permit or assist others to:
- 4.3.1 install or load the Software onto a server or other network device or take other steps to make the Software available to any other person via any form of "bulletin board", online service or remote dial-in, application service provider services, internet services provider services, timesharing arrangements, outsourcing services or bureau services;
- 4.3.2 sub-license, assign, rent, lease, loan, transfer or copy the Software or your licence to use the Software, or make or distribute copies of the Software;
- 4.3.3 translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;
- 4.3.4 copy or translate any user documentation provided 'online' or in electronic format; or
- 4.3.5 enter, access or attempt to enter or access or otherwise bypass the applicable security system or interfere in any way (including but not limited to robots and similar devices) with the Online Casino or the Website, or attempt to make any changes to the Software and/or any features or components thereof.
4.4 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 and other intellectual property law. Your use of the Software does not give you ownership of any intellectual property rights in the Software or any other rights in or with respect to the Software, except for the right to use the Software as expressly provided in this Agreement. This Agreement applies only to the grant of a license to use the Software.
4.5 Any trade marks, service marks and/or trade names used by us on the Website from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of ours or our affiliates or licensors, and we and/or such entities, as applicable, reserve all rights to the Trade Marks. In addition, other content on the Website, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to us or our affiliates or licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by accessing and using the Online Casino and the Website you obtain no rights in or to the Trade Marks or the Site Content and must not use them without our prior written consent.
4.6 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.7 NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, WARRANT OR GUARANTEE (1) THAT THE SOFTWARE WILL BE NON-INFRINGING, (2) THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED, (3) THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, (4) THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES AND BUGS, OR (5) THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE INTERNET.
4.8 NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE. IN THE EVENT OF SUCH ERRORS, WE WILL FURTHER HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
4.9 The Software may include confidential information which is secret and valuable to the Software Provider and/or to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this Agreement.
5.1 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.
5.2 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 your own private purposes only.
5.3 You may only have one Player Account, for which you will register using your own, correct name, and each Player Account shall only have one personal single account-holder pertaining to one domestic household address.
5.4 You must keep your Username and Password confidential and should not disclose them to anyone. You shall be responsible for all activities and transactions conducted on your Player Account. 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. We will not be responsible for any third party access to your Player Account and under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your Username and Password by any person or for any unauthorized access to your Player Account.
5.5 You may not use anyone else's user name or password, and you will not use any other person's Player Account or means of payment to access or use the Online Casino or the Website or the Software.
5.6 We are using advanced methods 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 suspect 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 be entitled, under certain circumstances, to disclose certain details to relevant authorities should it be required under any applicable law or by any governmental or regulatory body, to the extent required by law. We shall further be entitled to disclose information pursuant to clause 3.7 above.
6. YOUR RESPONSIBILITIES
6.1 You are solely responsible to determine whether the access and use of the Online Casino by you, and the making of Deposits to the Online Casino and receipt of Winnings from it, are permitted under any Applicable Laws.
6.2 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.
6.3 You shall not transfer in any way whatsoever your rights under this Agreement, without our prior written consent, which may be given in our sole discretion.
6.4 You are fully responsible for all taxes, fees and other costs incidental to and arising from any Winnings resulting from use of the Online Casino. You will indemnify and reimburse us for any costs, expenses or losses that may be caused to us as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which we may be subject in connection with processing your Withdrawal requests.
6.5 It is your responsibility to inform us of any changes to your registration details.
6.6 You shall provide us with all information requested by us and necessary for the operation of the Player Account, including, but not limited to, proof of identity, notarized documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide us with any such requested documents immediately upon request and not later than within a reasonable time of response.
6.7 You acknowledge and understand that separate terms and conditions exist with respect to promotions, bonuses and special offers, and are in addition to this Agreement. These terms and conditions are set forth in www.europacasino.com/bonus-terms, or have been delivered to you personally, as the case may be. In the event of a conflict between the provisions of such promotions, bonuses and special offers, and the provisions of this Agreement, the provisions of such promotions, bonuses and special offers will prevail.
6.8 For the removal of doubt, it is clarified that any use by you of the services of a Payment Provider will be subject to the terms and conditions of use prescribed by such Payment Provider. This, however, will not derogate from your obligations to us under this Agreement.
6.9 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 losses caused to you by the internet or any telecommunication service provider which you have engaged in order to access the Online Casino or the Website.
6.10 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 and the results of this participation.
6.11 You will not commit any acts or engage in any conduct that is or that could be reasonably expected to be damaging to our reputation or to the reputation of the Software Provider or any other related service providers.
6.12 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with (a) access and use of the Website, the Online Casino or the Software by yourself or by anyone else using your Username and Password; or (b) breach by you of any of the terms and provisions of this Agreement.
6.13 We reserve the right to change this Agreement from time to time as set out in clause 12 below. It is your responsibility to check from time to time and see whether there is an updated version in accordance with clause 12 below.
7. YOUR WARRANTIES AND REPRESENTATIONS
You hereby warrant and represent to us that:
7.1 you are not a resident of any of the excluded territories specified as such in clause 4.2 above, as this list may be updated from time to time, and you are not attempting to access or use the Online Casino and/or the Website and/or the Software from any of these territories
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 you will continue to update such details in the event of 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 illegal and/or unauthorized activities;
7.8 you do not otherwise conduct criminal or unlawful activities and/or intend to utilize the Player Account in connection with such activities; you do not use or intend to use or intend to allow any other person to use the Online Casino or the Player Account for any prohibited or unlawful activity, including but not limited to fraud or money laundering, under any applicable law, including without limitation the laws in your jurisdiction and the laws that apply to us;
7.9 you are not colluding or attempting to collude and you do not intend 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 provided 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 officers, directors, employees, consultants or agents or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not a relative of any of them (for the purpose of this clause, the term "relative" means spouse, partner, parent, child or sibling); in the event that you breach this restriction, one of the actions that will be taken against you is that you will not be entitled to any of your Winnings;
7.13 you have not previously held a player account with us or with any other online gaming operator which was suspended or terminated either by us or by such other online gaming operator, and you have not in the past charged back any monies via any 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, incomplete or misleading.
8. PLAYER ACCOUNT, DEPOSITS AND WITHDRAWALS
- 8.1.1 You agree that financial account transactions will be handled by us directly or through a Payment Provider or any other third party.
- 8.1.2 Deposits and Withdrawals may be transferred from us to you and vice versa, either directly or through a Payment Provider chosen by you (subject, however, to clause 8.4.3 below).
- 8.1.3 We do not guarantee that there will not be any delay in the processing or receipt of Deposits or Withdrawals.
- 8.1.4 You acknowledge and agree that your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to your local jurisdiction. Furthermore, the Player Account does not bear interest on any of the funds held in it.
8.2 Making Deposits and crediting funds to your Player Account:
- 8.2.1 Once your Player Account has been opened, you will be able to credit funds to your Player Account by requesting an electronic transfer of funds using any of the means set out in the Cashier section of the Online Casino. Otherwise, you may make Deposits solely by any of the following payment methods:
i. by a credit card that must be in good standing and registered in your name, and which is acceptable to us at our sole discretion;
ii. by a debit card that must be in good standing and registered in your name, and which is acceptable to us at our sole discretion;
iii. by a payment pre-authorized by us;
iv. through a Payment Provider acceptable to us;
v. by providing us with a valid cheque, money order or wire transfer; or
vi. by such other method deemed acceptable to us from time to time, at our sole discretion.
- 8.2.2 You agree to fully pay any and all payments and charges due to us or to Payment Providers in connection with your use of the Online Casino. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of your Deposits, and in any such event you will refund and compensate us for such unpaid Deposits including any expenses incurred by us in the process of collecting your Deposit.
- 8.2.3 Each request made by you to fund your Player Account shall constitute a valid authorization for us or for the Payment Provider, as applicable, to transfer the amount specified in your request, by us or from or by the Payment Provider chosen by you, as applicable, to your Player Account.
- 8.2.4 We will be entitled to determine minimum and maximum amounts to be deposited in a Player Account, in our discretion.
- 8.2.5 We will be entitled to determine whether the funds that you have requested to be credited to your Player Account are available, upon receiving confirmation satisfactory to us from the relevant Payment Provider in accordance with such Payment Provider's approval procedures for such transactions to be reconciled, final, complete and cleared. Only when your Deposits are reconciled and cleared to our satisfaction by the relevant Payment Provider, will the Player Account be credited with the funds, unless stated differently.
- 8.2.6 You acknowledge that you may, from time to time, upon our request, be required to provide additional details in respect of the Deposits made by you.
- 8.2.7 Any Deposit that is requested by you is non-reversible and non-refundable.
8.3 Wagering and utilizing the Player Account:
- 8.3.1 Any Stake made by you will be treated by us as an authorization to debit your Player Account. Provided that the balance of your Player Account at the time that the Stake is made is greater than or equal to the amount of the Stake, we will debit your Player Account in the amount of the Stake.
- 8.3.2 Your Player Account will immediately be credited with the amount of any Winnings made by you.
8.4 Withdrawals from the Player Account:
- 8.4.1 Subject to clauses 8.4.2 and 8.4.4 below, you may withdraw any unutilized and cleared funds held in your Player Account, by submitting a Withdrawal request in accordance with our Withdrawal Conditions. It is your duty to access the Website and review any changes to the Withdrawal Conditions. On any Withdrawal approved by us, and provided that you give us sufficient information as to how the funds should be transferred to you, we will return the relevant funds to you in accordance with clause 8.4.3 (less charges incurred or any required amount from your Withdrawal in order to comply with any applicable law).
- 8.4.2 You agree that we will have the right to withhold any Withdrawals, in the event the we believe or suspect that you may be engaging in or have engaged in fraudulent, collusive, unlawful or improper activity, or if we are concerned about the operation of that Player Account or the request for Withdrawal. In such cases, we may commence and/or be involved in and/or assist any investigation into such circumstances, and you agree to assist and cooperate with any such investigation.
- 8.4.3 We will attempt to accommodate your request regarding the payment method and currency of payment of your Withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay Withdrawals in a different payment method than the one requested by you, such as through different Payment Providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of your Withdrawal may not be the currency in which your deposit was made or that was otherwise requested by you.
- 8.4.4 You are aware of and agree that players are allowed to withdraw not more than $9,990/£9,990/€9,990/AU$9,990/DKK74,990/NOK74,990/SEK99,900/ZAR99,900 per month. If the amount to be withdrawn is greater than $9,990/£9,990/€9,990/AU$9,990/DKK74,990/NOK74,990/SEK99,900/ZAR99,900, the remaining amount will be placed back to the player's account, allowing the player to withdraw additional funds the following month in accordance with this term. The foregoing applies also to Withdrawals of progressive jackpots. Withdrawals depend on all conditions specified above and the verification of all required documents as set forth in clause 9.4 below.
- 8.4.5 You are aware of, and agree, that the maximum amount that can be won, in a single casino game action, is $500,000/ £500,000/€500,000/AU$500,000/DKK2,500,000/NOK2,500,000/SEK2,500,000/ZAR5,000,000. The foregoing does not apply to progressive jackpot winnings.
8.5 Closing a Player Account:
You may close your Player Account at any time by contacting the Online Casino’s customer service, provided that your Player Account is not expected to become in debit/deficit pursuant to any liabilities incurred through your gaming activities on the Online Casino. On closing your Player Account, we will return the balance to you in accordance with the rest of the provisions of this section 8.
9. OUR 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;
- 9.1.2 refuse to accept any Stake on the Online Casino; and
- 9.1.3 change, suspend, remove, modify or add any game or tournament on the Online Casino.
9.2 We will be entitled to make inquiries related to you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided to us.
9.3 In the event of any dispute regarding a Stake or Winnings, our decision will be final and binding.
9.4 We will be entitled to 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 any Winnings is being made to the correct person. For this purpose, we will further be entitled, at our sole discretion, to require that you provide us with a notarized ID or any equivalent certified ID according to the applicable law of your jurisdiction or otherwise.
9.6 In the event that we suspect fraud or fraudulent activity on your part or if any of your payments are charged back, and in the event of suspected card counting in any of the live games, we will have the right to withhold any amount from your account which is in excess of your original deposit, and if deemed necessary by us, to initiate any legal proceedings to collect any payments owed by you.
9.7 Notwithstanding anything stated or implied to the contrary in this Agreement, we may at any time, without prior notice to you and without derogating from our other rights under this Agreement, TERMINATE YOUR USE OF THE ONLINE CASINO AND BLOCK YOUR PLAYER ACCOUNT if we suspect or believe that you are in breach of any of the terms and conditions of this Agreement; or that you may be engaging in or have engaged in Fraudulent, unlawful, or improper activity, including without limitation any violation of any applicable terms and conditions, money laundering or collusion with another Player Account holder; or that you are otherwise acting unlawfully. Notwithstanding anything stated or implied to the contrary in this Agreement, WE WILL NOT BE UNDER ANY OBLIGATION IN ANY SUCH CIRCUMSTANCES TO REFUND OR OTHERWISE REIMBURSE YOU FOR ANY OF THE FUNDS IN YOUR PLAYER ACCOUNT.
9.8 We will have 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 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. It is clarified that we may determine that such an abuse has taken place also if your activity in our Online Casino, by itself, is not abusive, but your activities in other online casinos in addition to our Online Casino, taken as a whole, constitute such abuse of our bonuses, promotions, policies or rules.
9.9 We may, at any time, set off any positive balances on your Player Account against any amount owed by you to us.
9.10 We may transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person or entity without notice, and you will be deemed to have given your consent to any such assignment.
10. INACTIVE ACCOUNTS
10.1 If you have not placed any Stake in your Player Account for a continuous period of one hundred and eighty (180) days (the “Grace Period”) your account shall deemed to be inactive.
10.2 Once your Account has been deemed inactive we will be entitled to charge you maintenance fee. We may deduct an amount up to the Inactive Account Fee from your account balance commencing on the last day of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule. If we continue to deem your account inactive for a period of twelve consecutive calendar months, in order to safeguard your monies, we may withhold any remaining monies in Your Account and close Your Account. You may contact us to reclaim any such withheld monies within 5 years from the last date you placed a Stake, less any and all maintenance fees that you have incurred.
10.3 We will stop deducting the Inactive Account Fee from Your account balance if your account is re-activated by placing a Stake or upon closure of your account in accordance with 8.5.
10.4 Inactive Account Fee Schedule is equivalent to 5% of your balance. The minimum deduction amount is 5€ or currency equivalent
10.5 All fees and charges are subject to change from time to time.
11. LIMITATION OF LIABILITY
11.1 You hereby acknowledge that we have no control or responsibility over the use that you make of the Software. Loading and using the Software and accessing and using the Online Casino by you is made at your own risk. NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, SHALL HAVE ANY LIABILITY WHATSOEVER OF ANY KIND IN CONNECTION WITH SUCH USE.
11.2 IN NO EVENT SHALL WE OR THE SOFTWARE PROVIDER, OR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AHEAD OF TIME.
11.3 Without derogating from the generality of clauses 11.1 and 11.2 above and from any other liability limitation provision in this Agreement, neither we nor the Software Provider, nor any of our or their affiliates and related parties, will be liable for any loss, costs or damages (howsoever arising) deemed or alleged to have resulted from or caused by any of the following:
- 11.3.1 any error made due to the input of incorrect information by you;
- 11.3.2 any Fraud, deception or misrepresentations by you;
- 11.3.3 our decision not to accept a Deposit from you;
- 11.3.4 any delay in receiving or accepting a Deposit by us or withholding a Withdrawal by us for the purpose of conducting identity verification procedures;
- 11.3.5 use of your Player Account for purposes that may be considered illegal under applicable laws;
- 11.3.6 any transactions on your Player Account which are conducted after the correct entry of your Username and Password;
- 11.3.7 any unauthorized interception or use of data relating to you or your Player Account;
- 11.3.8 any inability to use or access the Website for any reason;
- 11.3.9 any actions or transactions by an individual that uses your Username and Password;
- 11.3.10 any cause over which we do not have direct control, including problems attributable to computer hardware or software (including computer viruses and including the Software), data transmission systems, telephone or other communications, or internet service providers;
- 11.3.11 the loss of any transactions caused by the loss or malfunction of any communications device used by yourself or any entity relaying information between you, us, or any other payment solution company;
- 11.3.12 any undelivered e-mail communications;
- 11.3.13 the quality or availability (or lack thereof) of the Website or the Online Casino; or
- 11.3.14 any results of any acts of government or authority or any force majeure event.
12.2 Any changes will take effect from the date specified on the Website's terms and conditions (End-User Agreement). It is important, therefore, that you log in to the Website's terms and conditions from time to time and check to see whether there is any updated version. You are solely responsible for learning of any such updated versions and changes.
12.3 If you continue to use the Website or the Online Casino after we have updated the 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.
This Agreement is effective from the moment of acceptance by you by clicking on the "I Agree" button, and shall remain in force for an unlimited time, unless terminated in accordance with clause 9.7. 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 Player Account or submitting your deposit details to us.
14. GOVERNING LAW
14.1 The construction, validity and performance of this Agreement will be governed by Antigua and Barbuda law. The competent court in Antigua and Barbuda will have exclusive jurisdiction in any matter arising from or related to this Agreement. 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.
14.2 The illegality, invalidity or enforceability of any provision of this Agreement will not affect the legality, validity or enforceability of the remaining provisions of this Agreement.
15.1 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, as shall be decided by us from time to time. 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 actually received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format.
15.2 Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to: support [at] europacasino [dot] com.
END-USER LICENSE AGREEMENT
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM OF PLAYTECH SOFTWARE LIMITED AND ITS GROUP COMPANIES (THE “VENDOR”) UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW) IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE.
PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
IMPORTANT: PERSONS LOCATED IN CERTAIN TERRITORIES, CURRENTLY INCLUDING THE UNITED STATES OF AMERICA AND ITS TERRITORIES, ISRAEL AND THE COUNTRIES SPECIFIED AS PROHIBITED, EXCLUDED OR SIMILAR AS PART OF THE TERMS AND CONDITIONS AND/OR LIST ON THE WEBSITE, IN EACH CASE AS SUPPLEMENTED FROM TIME TO TIME (THE “PROHIBITED JURISDICTIONS”) ARE NOT PERMITTED TO USE THE SOFTWARE IN ANY WAY OR MANNER IN CONNECTION WITH ANY REAL MONEY PLAY. TO REMOVE ANY DOUBT, THIS RESTRICTION ALSO APPLIES TO RESIDENTS AND CITIZENS OF OTHER NATIONS WHILE LOCATED IN A PROHIBITED JURISDICTION. THE FACT THAT THE WEBSITE IS ACCESSIBLE IN A PROHIBITED JURISDICTION, OR THAT THE SOFTWARE ALLOWS THE USE OF THE OFFICIAL LANGUAGE OF A PROHIBITED JURISDICTION, SHALL NOT BE CONSTRUED AS A LICENSE TO USE THE SOFTWARE IN SUCH PROHIBITED JURISDICTION. ANY ATTEMPT TO CIRCUMVENT THIS RESTRICTION, FOR EXAMPLE, BY USING A VPN, PROXY OR SIMILAR SERVICE THAT MASKS OR MANIPULATES THE IDENTIFICATION OF YOUR REAL LOCATION, OR BY OTHERWISE PROVIDING FALSE OR MISLEADING INFORMATION REGARDING YOUR CITIZENSHIP, LOCATION OR PLACE OF RESIDENCE, OR BY MAKING BETS OR WAGERS USING THE SOFTWARE THROUGH A THIRD PARTY OR ON BEHALF OF A THIRD PARTY LOCATED IN A PROHIBITED JURISDICTION IS A BREACH OF THIS AGREEMENT AND MAY CONSTITUTE A CRIMINAL OFFENSE. IF IT BECOMES APPARENT, OR WE HAVE REASONABLE GROUNDS TO SUSPECT, THAT YOU ARE LOCATED IN ANY OF THE PROHIBITED JURISDICTIONS, THIS MAY RESULT IN CLOSING YOUR PLAYER ACCOUNT, WITHOUT AN OBLIGATION TO PROVIDE YOU WITH ADVANCE NOTICE, FREEZING THE FUNDS THEREIN AND PROVIDING THE APPLICABLE DETAILS TO VENDOR AND/OR RELEVANT AUTHORITIES, ALL IN ACCORDANCE WITH APPLICABLE LAWS AND AGREEMENTS, AND YOU SHALL BE LIABLE TO US FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
BY ACCEPTING THE TERMS AND CONDITIONS (INCLUDING BY TICKING THE “I AGREE” BOX) (“ACCEPTANCE”), YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
The following words and terms, when used in this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1. “Assistance Programs” means any artificial intelligence including, without limitation, ‘robots’ and/or any other computer generated program used to interact with the Software in aid or in place of a player.
1.2. “IP Rights” means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
1.3. “Online Games” means Our internet gaming system on the Website and related services and gaming activities (including, but not limited to, online casino, online bingo, online poker and any other games) offered on the Website.
1.4. “Player Account” means a personal account opened by an individual and maintained with Us to enable that person to play the Online Games;
1.5. “Poker Room” means the poker room and/or any other poker gaming activities offered by Us on our Website and/or on Our downloadable poker client;
1.6. “Software” means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Games, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
1.7. “Us”, “We”, “Our” and similar terms mean www.europacasino.com
1.8. “Website” means www.europacasino.com, and any related sites on which the Online Games are accessible via links or any other access way.
1.9. “You”, “Your” and similar terms mean the user of the Software downloaded from the Website.
2. Subject Matter of Agreement
The rules of the Online Games are placed in the www.europacasino.com/help/contact-us.html as well as other sections of the Software and the Website, including but not limited to, rules describing how to play the Online Games, tournaments, and any other rules governing particular game, event and tournament. All such rules are incorporated and included under the term and conditions set out herein.
3. License to Use the Software; Restrictions
3.1.We hereby grant to You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your device, in order to play the Online Games, in accordance with this agreement.
3.2. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
3.3. Notwithstanding anything to the contrary herein, persons located in the Prohibited Jurisdictions are not permitted to use the Software in any way or manner in connection with any real-money play. To remove any doubt, this restriction also applies to residents and citizens of other nations while located in a Prohibited Jurisdiction. This license does not apply to, and does not allow You the use of the Software in or from any Prohibited Jurisdictions, and the fact that the Website is accessible in a Prohibited Jurisdiction, or that the Software allows the use of the official language of a Prohibited Jurisdiction, shall not be construed as a license to use the Software in such Prohibited Jurisdiction. Any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Software through a third party or on behalf of a third party located in a Prohibited Jurisdiction, is a breach of this agreement and may constitute a criminal offense under applicable laws. If it becomes apparent, or We have reasonable grounds to suspect, that You are located in any of the Prohibited Jurisdictions, this may result in closing Your Player Account, without an obligation to provide You with advance notice, freezing the funds therein and providing the applicable details to Vendor and/or relevant authorities, all in accordance with applicable laws and agreements, and You shall be liable to Us for any damage or loss resulting therefrom. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE PROHIBITED JURISDICTIONS.
3.4. We reserve any and all rights not expressly granted in Section 3.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
3.4.1. use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
3.4.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
3.4.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
3.4.4. remove any copyright, proprietary or similar notices from the Software (or any copies of it);
3.4.5. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of ‘bulletin board’, online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
3.4.6. copy or translate any user documentation provided online or in electronic format;
3.4.7. enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof; or
3.4.8. use any Assistance Programs in connection with the Software and/or the Online Games. You are prohibited from any interaction within the Online Games that is not the direct result of You personally utilizing the Software for the purpose for which it was intended.
3.5. You acknowledge and agree that We may take steps to detect and prevent the use of Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on Your device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. Any attempt to restrict Us in this matter will entitle Us to immediately suspend the availability of the Software to You and You shall immediately forfeit any winnings.
3.6. You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. By accepting this agreement, You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.
4. Your Duty to Examine Legality of Use
You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you are located. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal status of online gambling in various jurisdictions, You undertake to examine the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
5. Disclaimer Of Warranties
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN ‘AS IS’ BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE AND THE VENDOR DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, or with inappropriate hardware, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE.
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.
NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
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).
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Games. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
7. Your Warranties and Representations
You warrant and represent to Us that:
7.1. You are not a resident of any of the Prohibited Jurisdictions; and
7.2. You have examined the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority.
8. Changes to this Agreement
8.1. We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.
8.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Software or the Online Games after the effective date of certain changes (regardless of the way We have notified 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 Software or the Online Games any further.
9. Term and Termination
9.1. This agreement is effective, and binding upon You, from the moment of Your Acceptance, and shall remain in force unless terminated in accordance with the provisions hereof.
9.2. You may terminate this agreement with immediate effect at any time, subject to the terms of Section 9.4. Termination by You shall be effected by sending Us written notice of the termination of Your participation on the Website and the Online Games and closure of Your account with Us.
9.3. We may terminate this agreement with immediate effect at any time, by written notice to You.
9.4. Upon any termination of this agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material.
10. No Claims Against Vendor; Limitation of Liability
10.1.You understand and agree that We will be solely responsible to You under this agreement, and while Your commitments under this agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
10.2.You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this agreement, including the provisions of this Section 10, and at Your own risk. IN NO EVENT SHALL WE (and for the avoidance of doubt, also Vendor) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:
10.2.1. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
10.2.2. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) €1,000 (ONE THOUSAND EUROS).
11. Shared Poker Room Network
11.1.We may participate in a shared poker room network which enables You to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provider of poker network services.
11.2.You therefore agree that once You join a shared poker room You will accept and comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.
11.3.You acknowledge and agree that We and/or the operator of the shared poker network, at our both sole discretion, reserve the right to terminate Your game or block Your account as well as deny You from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms and conditions set out hereunder.
11.4.You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or alike improper behavior.
12.1.1. Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of our other related services and their player account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of collusion. If We will suspect of a collusive behavior during a game, We may, in Our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss You or any other player may accrue as a result of the collusive or otherwise unlawful activity and We will not be further obliged to take any other actions in any event of suspected of collusion, fraudulent or fraud.
13. Your Responsibilities
You shall not transfer in any way whatsoever Your rights under this agreement without our prior written consent.
14. Your Warranties and Representations
You warrant and represent that:
14.1.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 Poker Room.
14.2.You are over the age of eighteen.
15. Reservation of Rights
15.1.We reserve, at Our sole discretion, the right to:
15.2.change, suspend, remove, modify or add any game or tournament on the Online Games.
15.4.We may at any time without prior notice to You terminate Your use of the Online Games and block Your Player Account if We 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.
16. General Provisions
16.1. Governing Law. The construction, validity and performance of this agreement will be governed by the laws of England.
16.2. Competent Courts. Any legal proceedings arising out of or relating to this agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
16.3. Severability. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
16.4. Language. The English language version of this agreement will prevail over any other language version issued by us.
16.5. No assignment by You. You are not allowed to assign this agreement or any rights or obligation hereunder to any other party.
16.6. Priority. This agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.
16.7. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of Your client application, 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 such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to Us or any questions concerning this agreement should be addressed to support [at] europacasino [dot] com.