PLEASE
READ CAREFULLY THE FOLLOWING LEGALLY BINDING AGREEMENT
BETWEEN CYTECH LTD., UNDER THE BRAND NAME OF WINDOWS
CASINO AND YOU. BY HAVING DOWNLOADED AND INSTALLING THE
CASINO APPLICATION (SOFTWARE), YOU ACKNOWLEDGE THAT YOU
HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, THE HOUSE RULES AND OUR
PRIVACY POLICY . IF YOU DO NOT AGREE WITH ANY OF THE
TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO DOWNLOAD,
INSTALL OR OTHERWISE USE THE SOFTWARE (IF ALREADY
DOWNLOADED AND INSTALLED).
PLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU
FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS
ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE
ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL
ATTORNEY IN YOUR JURISDICTION.
THE TERMS AND CONDITIONS CONTAINED HEREIN REPRESENT THE
COMPLETE, FINAL AND EXCLUSIVE AGREEMENT BETWEEN YOU AND
THE COMPANY AND SUPERSEDE AND MERGE ALL PRIOR
AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS BETWEEN
YOU AND THE COMPANY WITH REGARD TO PLAYING IN THE ONLINE
CASINO.
1 DEFINITIONS
The following words and terms, when used with this
agreement, shall have the following meanings, unless the
context clearly indicates otherwise.
Online Casino/The Game
Cytech Ltd. internet gaming system on the Website and
related services and gaming activities as offered and
listed at http://www.windowscasino.com including but not
limited to, Online Casino and/or any other games, where
applicable.
Player Account
a personal account opened by an individual and
maintained with us to enable that person to play games
on the Online Casino.
Software
the software licensed to us including any program or
data file or any other content derived therefrom,
required to be downloaded, accessed or otherwise
utilized by you from the Website enabling you to
participate in the Online Casino.
Username and Password
the username and password which you choose on
registration with the Online Casino.
You
the user of the Online Casino Software downloaded from
the Website.
Us/We/Ours/The Company
Cytech Ltd., http://www.windowscasino.com
Website
http://www.windowscasino.comand any related sites
accessible via links or any other access way.
2 SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between you and
us in relation to your use of the Online Casino either
for playing play-for-real or play-for-fun games.
3 LEGAL REQUIREMENTS
3.1 You can only use the Online Casino and/or the
Website if you are the legal age as determined by the
law of the country where you live.
3.2 You cannot use the Online Casino and/or the Website
if you are under 18 years of age in any circumstances.
3.3 Some legal jurisdictions have not addressed the
legality of online gambling and others have specifically
made online gambling illegal. We do not intend that
anyone should use the Online Casino and/or the Website
where such use is illegal. The availability of the
Online Casino and/or the Website does not construe an
offer or invitation by us to use the Online Casino in
any country in which such use is illegal. Use of the
Online Casino is void wherever prohibited by any
applicable law. You accept sole responsibility for
determining whether your use of the Online Casino is
legal in the country where you live.
4 LICENCE TO USE SOFTWARE
4.1 You are not permitted to:
4.1.1 install or load the Software onto a server of
other networked device or take other steps to make the
Software available via any form of bulletin board,
online service or remote dial-in, or network to any
other person.
4.1.2 sub-license, assign, rent, lease, loan, transfer
or copy (except as expressly provided elsewhere in this
agreement), your licence to use the Software or make or
distribute copies of the Software.
4.1.3 translate, reverse engineer, decompile,
disassemble, modify, create derivative works based on,
or otherwise modify the Software.
4.1.4 copy or translate any user documentation provided
'online' or in electronic format.
4.1.5 reverse engineer, decompile, disassemble, modify,
adapt, translate, make any attempt to discover the
source code of the Software or to create derivative
works based on the whole or on any part of the Software.
or
4.1.6 enter, access or attempt to enter or access or
otherwise bypass the Our 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.
4.2 You do not own the Software. The Software is owned
and is the exclusive property of the licensor, a third
party software provider company, (the "Software
Provider"). The Software and accompanying documentation
which have been licensed to us are proprietary products
of the Software Provider and protected throughout the
world by copyright law. Your use of the Software does
not give you ownership of any intellectual property
rights in the Software. This agreement applies only to
the grant of the licence to use the Software.
4.3 THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY
WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY
EXCLUDE ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES
(INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY
AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.4 WE DO NOT WARRANT THAT THE SOFTWARE WILL BE
NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS
IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE
OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF
COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION
WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR
COMPONENTS OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE
PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR
ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING
FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN THE
EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM
THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION
TO CORRECT SUCH ERRORS.
4.5 You hereby acknowledge that it is not in our control
how the Software is used by you. You load and use the
Software at your own risk and in no event shall we be
liable to you for any direct, consequential, incidental
or special damage or loss of any kind (except personal
injury or death resulting from our negligence).
4.6 Th e Software is for entertainment value only. No
purchase is necessary or required to play the Game (i.e.
when playing in Fun mode) . By playing the Game, you
acknowledge that you do not find the Game or the Casino
to be offensive, objectionable, unfair, or i ndecent.
4.7 The Software may include confidential information
which is secret and valuable to the Software Provider
and/or us. You are not entitled to use or disclose that
confidential information other than strictly in
accordance with the terms of this agreement.
4.8 Materials of the Game (whether electronically
obtained or obtained by other means) are automatically
void if counterfeited, mutilated, forged, altered or
tampered with in any way, if illegible, mechanically or
electronically reproduced, obtained outside authorised
legitimate channels or if they contain printing,
production, mechanical, electronic or any other errors.
Liability for materials of the Game containing any error
is limited to replacement of same.
5 SECURITY
5.1 We are a corporation incorporated under the laws of
the Curacao and are fully licensed and regulated by the
laws of that country for the purpose of operating a
virtual casino on the internet, under the name http://www.windowscasino.com.
5.2 We only allow access to playing games on the Online
Casino through secured networks using encryption of the
user name and password. You cannot play games on the
Online Casino without passing our customer security
login.
5.3 You are only permitted to enter the Online Casino
for your own personal entertainment, non-professional
and non-commercial use. You may not use the Online
Casino on behalf of another person. Any other entrance,
access, use or reuse of the Online Casino or the Web
site is strictly prohibited.
5.4 You must keep your Username and Password
confidential and should not disclose these details to
anybody. You may not use anyone else's password. You
shall be responsible for all transactions conducted in
relation to your Player Account using your Password.
Every person who identifies him/herself by entering your
correct Username and Password is assumed by us to be you
and all transactions where the Username and Password
have been entered correctly will be regarded as valid.
5.5 The Company shall not be required to maintain user
names or passwords if the Player misplaces, forgets,
loses, or is otherwise unable to enter the Casino
because of anything other than the Company's error.
5.6 You will not allow any third party includi ng,
without limitation, any minor, to use or reuse your
Player Account to use the Online Casino and you will not
use any other person's Player Account or means of
payment to access the Online Casino or the Website or
the Software.
5.7 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.
5.8 We are using the best methods available today for
the encryption of the Username and Password information,
and any other sensitive information transferred to and
from the client application and our servers, thus
securing the Player and us against manipulation attempts
by a third party. You will not break in, access or
attempt to break in or access or otherwise by-pass our
security. If we have a suspicion that you have attempted
to or may be attempting to break in, access or otherwise
by-pass our security or the Software, we will be
entitled to terminate with immediate effect your access
to the Online Casino and/or have your account blocked,
and we reserve the right to inform the applicable
authorities.
5.9 We will only use your personal information in
accordance with our Privacy Policy, which is set out in
full at http://www.windowscasino.com/privacy.html. We
reserve the right to amend the Privacy Policy at any
time. However, we reserve the right to ask you to
provide us with additional details and any such
additional information will be kept confidential. We
further reserve the right under certain circumstances to
disclose certain details to relevant authorities should
it be required to do so by law, an arm of the state or a
regulatory body. Subject to the provisions of the
privacy policy, this right to disclose personal
information to bodies or authorities whose purpose is to
investigate money laundering, fraud and other criminal
activity will be to the extent required by law.
6 YOUR RESPONSIBILITIES
6.1 We make no representation or warranty with respect
to the legality or otherwise of the accessing and use of
the Online Casino in your country of residence and it is
solely your responsibility to determine whether such
accessing and use of the Online Casino by you is legal.
We further warrant in that respect that it does not
intend to enable you to contravene any applicable law.
6.2 You shall not transfer in any way whatsoever your
rights under this agreement without our prior written
consent.
6.3 You are fully responsible for all taxes, fees and
other costs incidental to and arising from winnings
resulting from use of the Online Casino.
6.4 By accepting any prize and/or winnings from the
Company, you consent to the use of your name and
photograph for advertising and promotional purposes
without additional compensation except where prohibited
by law.
6.5 It is your responsibility to inform us of any
changes to your registration details.
6.6 Payments
6.6.1 You agree that we or a payment processing company
on our behalf will handle all financial account
transactions ("Payment Processor"). You hereby agree
that the Payment Processor reserves the right to
withhold any payments should the Payment Processor have
reason to believe or any suspicion that you may be
engaging in or have engaged in fraudulent, collusion,
unlawful, or improper activity.
6.6.2 Applicable to withdrawals, a maximum of $5000
(Five Thousand US Dollars) will be sent per week, all
balances will be sent in increments of $5000 the
following week(s).
6.6.3 You agree to fully pay any and all payments due to
us or any third party in connection with your use of the
Online Casino. You further agree not to submit any
payment disputes and/or renounce or cancel or otherwise
reverse any of your due payments and in any such event
you will refund and compensate us for such unpaid
payments including any expenses incurred by us in the
process of collecting your payment.
6.7 You accept that you are solely responsible for the
supply and maintenance of all of the computer equipment
and telecommunications networks and internet access
services that you need to use in order to access the
Online Casino. We will not be liable in any way
whatsoever for any loss caused to you by the internet or
any telecommunication service provider which you have
engaged in order to access to the Online Casino or to
the Website.
6.8 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.
Should you have any dispute with regard to any outcome
in the Game, you must submit your complaint to the
Company in writing within fourteen (14) days.
6.9 You will not commit any acts or display any conduct
that damages our reputation or our software provider or
any other related service providers.
6.10 You acknowledge that if your Player Account is
opened you will fully indemnify us and hold us harmless
from and against all and any losses, costs, expenses,
claims, demands, liabilities and damages however caused
that may arise as a result of your (a) entry, use, or
reuse of the Website or the Online Casino; (b) breach of
any of the terms and provisions of this agreement. You
further agree to fully indemnify, defend and hold us and
our officers, directors, employees, agents, contractors
and suppliers harmless, from and against all claims,
liabilities, damages, losses, costs and expenses,
including legal fees, arising out of any breach of this
Agreement by you, and any other liabilities arising out
of your use of the Online Casino or the Software.
6.11 You are reminded to print a copy of all transaction
data, rules, payment methods and cancellation/refund
methods in o rder to avoid misconceptions at a later
time.
6.12 We reserve the right to change this agreement from
time to time as set out in clause 8 below. It is your
responsibility to check from time to time and see
whether there is a notification of change in accordance
with clause 8 below.
7 YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
7.1 you are not a resident of the Philippines, Israel,
Cyprus, Estonia or United States of America
7.2 you are acting on your own behalf.
7.3 you are not restricted by limited legal capacity.
7.4 you are not classified as a compulsive gambler.
7.5 all details which you give or have given in the
process of registering with the Online Casino are
accurate and that you will continue to update such
details should there be any changes.
7.6 you are fully aware of the fact that there is a risk
of losing money through the use of the Software to play
games on the Online Casino.
7.7 you are not depositing funds originating from
criminal and/or un-authorised activities.
7.8 you are not otherwise conducting criminal activities
and/or intending to utilise the Player Account in
connection with such activities. You are not using or
intending to use or intending to allow any other person
to use the Online Casino and the Player Account for any
prohibited or unlawful activity, including but not
limited to, fraud or money laundering, under any
applicable law in particular your jurisdiction and the
laws that apply to us.
7.9 you are not colluding or attempting to collude or
intending to participate, directly or indirectly, in any
collusion scheme with any other player in the course of
any game you play or will play on the Online Casino.
7.10 you are not under the age of either (i) 18 or (ii)
the age at which gambling activities are legal under the
law of the jurisdiction that applies to you, whichever
is greater.
7.11 the debit/credit card details supplied by you in
the registration process are those of the registered
account holder and the card has not been reported as
lost or stolen.
7.12 you are not one of our officer, director, employee,
consultant or agent or of one of our affiliated or
subsidiary companies, or suppliers or vendors, and you
are not any of their relatives as well (for the purpose
of this clause, the term relative means spouse,
partner, parent, child or sibling). In any event that
you have breached this prohibition, among others actions
that will be taken against you, you will not be entitled
to any of your winnings.
7.12 The Company reserves the right to cancel your
account for any reason whatsoever at any time without
notice to you. Any balance in your account at the time
of such cancellation will be credited to your credit
card and/or sent to you by check. However, the Company
reserves the right, in its unfettered discretion, to
void any winnings and confiscate any balance in your
Casino account in any of the following circumstances:
a. If there is evidence to suggest that you have more
than one active account at the Casino be it household
address, email address, IP-address, player computer,
credit card number/s, and/or environments where
computers are shared.
b. Should linked accounts be detected, the Casino
deserves the right to have one (1) or all linked
accounts closed;
If the name on your Casino account does not match the
name on the credit card(s) used to make purchases on
your Casino account
c. If you participate in a Casino promotion and cash-in
before fulfilling the requirements of that particular
promotion
d. If you provide incorrect or misleading registration
information
e. If you are not of legal age
f. If you reside in a jurisdiction where participation
in the Game is prohibited by law
g. If you have allowed or permitted (intentionally or
unintentionally) someone else to play on your Casino
account
h. If you have not played at the Casino on an individual
basis for personal entertainment only (that is, you have
played in a professional sense or in concert with other
player(s) as part of a club, group, etc.)
i. If you are found cheating or if it is determined by
the Company that you have employed or made use of a
system (including machines, computers, software or other
automated systems) designed specifically to defeat the
Casino
j.If the Company should become aware that you have
played at any other on-line casino under any of the
circumstances set out at I) to X) above.
Please note that purchases can only be made from
personal accounts.Purchases made from 3rd party accounts
are not permitted.
7.13 you have not previously held a Player Account which
was suspended or terminated either by us or by any other
online gaming operator, disputed any payments via a
Player Account or maintains a current Player Account;
and
7.14 in opening the Player Account you will not provide
any information or make any statement to us which is
untrue, false, incorrect or misleading.
7.15 'WINDOWS CASINO ' is the trade name of the Company,
and you obtain no rights to such term, nor any other
terms, image s, text, concepts or methodologies, by
using the We b site and the material contained therein.
7.16 Any and all materials submitted for prize claims
become the property of the Company and will not be
returned. The Company is not responsible for lost, late,
illegible, incomplete, damaged, mutilated, misdirec ted,
or postage due mail, requests, prize claims or entries.
8 CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
8.1 We may, at our sole discretion, make changes to this
agreement or the Games Rules or Privacy Policy at any
time.
8.2 The changes will take effect from the date specified
when they occur. It is important, therefore, that you
log in to the Website from time to time and check to see
whether there is a notification of change. You are
solely responsible for reading the changes.
8.3 If you continue to use the Website or the Online
Casino after we have updated the changes (regardless to
the way we have notified of such changes), you agree to
be bound by those changes whether or not you have had
actual notice of, or have read, the relevant changes. If
you do not agree to be bound by relevant changes, you
should not continue to use the Website or the Online
Casino any further.
9 RESERVATION OF RIGHTS
9.1 We reserve, at our sole discretion, the right to:
9.1.1 refuse to register any applicant for registration
on the Website or the Online Casino;
9.1.2 refuse to accept any wager on the Online Casino;
9.1.3 change, suspend, remove, modify or add any game or
tournament on the Online Casino.
9.2 We reserve the right to make inquires on you,
including credit checks, with third party credit and
financial institutions, in accordance with the
information you have provided us with.
9.3 In the event of any dispute regarding a wager or
winnings, our decision will be final and binding.
9.4 We reserve the right to reasonably withhold any pay
out or winning amount until the identity of the winning
person is verified to our satisfaction in order to
ensure that payment of the winning amount is being made
to the correct person. For this purpose, we further
reserve the right, at our sole discretion, to demand
that you will provide us with a notarized ID or any
equivalent certified ID according to the applicable law
of your jurisdiction.
9.5 We may at any time disclose certain personal
information of yours to third parties in accordance with
our Privacy Policy, which is set out in full at http://www.windowscasino.com/privacy.html
9.6 In the event that we will suspect fraud or
fraudulent activity on your part or any of your payments
are disputed, we will have the right to withhold any
pay-out or winning amounts due to you and if necessary,
to lawfully collect any payments owed by you.
9.7 We may at any time without prior notice to you
terminate your use of the Online Casino and block your
Player Account if it considers that you are in breach of
any of the terms and provisions of this Agreement or
that you are otherwise acting illegally. We will not be
under any obligation in such circumstances to refund or
otherwise reimburse you for any of the funds in your
Player Account. Scenarios include, but are not limited
to, the following:
9.7.1 If there is evidence to suggest that you have more
than one active account for the Online Casino.
9.7.2 If the name on your Player Account does not match
the name on the credit card(s) used to make purchases on
your Player Account.
9.7.3 If you participate in an Online Casino promotion
and cash-in before fulfilling the requirements of that
particular promotion.
9.7.4 If you provide incorrect or misleading
registration information.
9.7.5 If you are not of legal age.
9.7.6 If you reside in a jurisdiction where
participation in the Game is prohibited by law.
9.7.7 If you have allowed or permitted (intentionally or
unintentionally) someone else to play on your Player
Account.
9.7.8 If you have not played at the Casino on an
individual basis for personal entertainment only (that
is, you have played in a professional sense or in
concert with other player(s) as part of a club, group,
etc.).
9.7.9 If you are found cheating or if it is determined
by the Company that you have employed or made use of a
system (including machines, computers, software or other
automated systems) designed specifically to defeat the
Online Casino OR
9.7.10 If the Company should become aware that you have
played at any other on-line casino under any of the
circumstances set out at 1) to 9) above.
9.8 We reserve the right, at our sole discretion, to
offer and advertise from time to time promotions,
bonuses or other special offers and each such offer will
be subject to specific terms and conditions which will
be valid for a limited period of time. In connection
with the specific terms of the above promotions, bonus
and special offers, we further reserve the right to
withhold any withdrawal amount from your account which
will be in excess of your original deposit. In addition,
we reserve the right to withhold or otherwise decline or
reverse any pay-out or winning amount or amend any
policy in the event that we suspect that you are abusing
or attempting to abuse any of the following: (i)
bonuses; (ii) other promotions; or (iii) specific policy
or rules determined in respect of an existing game or a
new game.
9.9 We reserve the right to transfer, assign, sublicense
or pledge this Agreement, in whole or in part, to any
person without notice and you will be deemed to consent
to such assignment.
9.10 We reserve the right to close Real Player Accounts
registered from certain countries. This policy was
introduced after high volume credit card fraud
originated in these countries. Winnings from these
accounts will not be paid out more than the amount of
the purchases made on the account. We apologise to the
customers from the countries detailed below for the
inconvenience caused. The countries are: Afghanistan,
Albania, Armenia, Azerbaijan, Belarus, Bosnia and
Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia,
Georgia, Hungary, Indonesia, Jordan, Kosova, Kuwait,
Kyrgyzstan, Latvia, Lebanon, Lithuania, Malaysia,
Moldova, Pakistan,Romania, Russian Federation, Slovakia,
Slovenia, Taiwan, Ukraine and Serbia & Montenegro
9.11 The casino reserves the right to clear account
balances on accounts if the account is inactive for 3
months (90 days) or more.
10 TERM
This agreement is effective from the moment of
acceptance by clicking on the I agree button (within
the Software), and shall remain in force indefinitely
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
Account or submitting your deposit details to us.
11 GOVERNING LAW
11.1 The construction, validity and performance of this
agreement will be governed by the laws of the Curacao.
However, this shall not prevent us from bringing any
action in the court of any other jurisdiction for
injunctive or similar relief. The English language
version of this Agreement will prevail over any other
language version issued by us.
11.2 The illegality, invalidity or enforceability of any
part of this agreement will not affect the legality,
validity or enforceability of the remainder.
12 NOTICES
12.1 You agree to receive communications from us in an
electronic form. Electronic communications may be posted
on the pages within the Website and/or the messages/help
files of your client application, and/or delivered to
your e-mail address. All communications in either
electronic or paper format will be considered to be in
"writing" and to have been received no later than five
business days after posting or dissemination, whether or
not you have received or retrieved the Communication. We
reserve the right, but assume no obligation, to provide
communications in paper format.
12.2 Any notices required to be given in writing to us
or any questions concerning this Agreement should be
communicated via email. Visit the Contact Us section on
the website at http://www.windowscasino.com/support.aspx?lang=ENG
to email the support team.
12.3 A separate set of Terms and Conditions exists for
your participation in promotional offers or bonuses
available in the casino from time to time. To view
Promotional Terms and Conditions, please visit the
website at http://www.windowscasino.com/promo_terms.aspx?lang=ENG. |
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