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CasinoRoom.com TERMS OF SERVICE
Last Revised: 2014-01-16.
These Terms of Service is a legal agreement ("Agreement") between you ("Player") and Ellmount NV ("CasinoRoom.com" "EuroPoker.com" or "SITE"). Read the following Terms of Service before accessing the SITE or using real money with the software (the "Software").
IMPORTANT! These Terms of Service govern your access to or use of the SITE and your use of the account established with the SITE. By accessing, using, viewing, reading, printing, installing, or downloading any material from the SITE, or becoming a member to the SITE, you agree to be bound by these Terms of Service. In addition, when using services of the SITE you shall be subject to any policies, guidelines and rules applicable to such services, which may be posted by SITE from time to time. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Service. You manifest your agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax or by merely accessing the SITE, whether you have read these Terms of Service or not. You may submit a paper copy of this transaction and print this form for your personal records. If you do not agree to all of the terms of these Terms of Service you may not access the SITE or any of its services. The SITE reserves the right to revise, amend, or modify these Terms of Service and our other policies, guidelines, and rules at any time and in any manner. The Player shall periodically check this web page for any modifications regarding these Terms of Service by re-visiting this web page and using the "refresh" button on the user's browser. The Player shall note the date of last revision to this page, which appears at the top of this page. If the "last modified" date remains unchanged, after the Player has clicked the "refresh" button on his/her browser, the user may presume that no changes have been made since the last reading of the document. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. You may use and access the SITE only in accordance with these Terms of Service. Please consult these Terms of Service regularly and read them carefully before using the SITE. You affirm that you have read and understand, agree and consent to these Terms of Service.
GAMING RESTRICTIONS AND JURISDICTIONAL ISSUES
Your general registration on the SITE and your legal relationship with the SITE is governed by these terms of service. However the SITE uses third party providers for the provision of gaming services and therefore while playing the games, it is that specific set of terms of service which are applicable and any in the case of any inconsistency between those terms of service and these general terms of service it is the game specific terms and conditions which shall prevail. It may be that for the duration of the game play, the game specific terms of service in force may be with a company other than Ellmount Gaming NV and in fact the responsibility and liability of such other third party shall be limited to the games offered by such third party and to any money in play or local jackpots offered by that specific third party. Specifically, the SITE uses casino games provided by Net Entertainment Malta Ltd. These games are regulated and authorized by the Lotteries and Gaming Authority of Malta under the license issued to Ellmount Gaming Ltd and therefore while using these games your relationship is governed by the terms of service of this latter company. Your relationship with Ellmount Gaming Ltd and the use of these games is governed by the respective Terms and Conditions available here. The SITE also party uses games from Quickfire and these are operated by Ellmount NV who are licensed in Curacao under licence number 8048/JAZ.. For a comprehensive list of providers, with a link to each provider, please click here. You are advised to review each provider’s terms and conditions thoroughly before playing on SITE. You are required to research and comply with any laws and regulations in your jurisdiction before using the SITE's real money gambling services. Internet gambling is illegal in some jurisdictions, and it is a breach of these Terms of Service to gamble on SITE if such activity is prohibited in your jurisdiction. You agree to indemnify the SITE for any unlawful use of the SITE or its services. Since the legal issues surrounding Internet Gambling are unsettled or ambiguous in some jurisdictions, please consult with a competent attorney or legal advisor before determining if the SITE's services are legal in your jurisdiction if you are not certain of your rights, liabilities and obligations associated therewith. Residents of Turkey and Malta are prohibited from playing any of the SITE's games for real money. Real money games or possibilities to make deposits are not offered to U.S. players. The Player confirms that he/she is not located in the U.S..
RISK OF LOSS
You acknowledge that gambling is an uncertain activity that may cause monetary losses. The SITE is not responsible for claims for losses or damages of any kind resulting from real money play under any condition. Play at the SITE is at the sole option, discretion and risk of the Player. Player is also responsible for maintaining the secrecy and security of their account passwords and other personal security information. The SITE is not responsible for the unauthorized use of your account with the SITE or any losses that may result, of such unauthorized use.
PROBLEM GAMBLING AND ADDICTION
This SITE is designed for amusement purposes and for personal use. If you have ever been diagnosed with any form of compulsive gambling disorder, you are prohibited from gambling on the SITE. If you feel that you have a problem with compulsive or habitual gambling, please seek professional help, and avoid this, and any other gambling site. The SITE support responsible gaming. To learn more on what SITE can help you with please visit http://www.casinoroom.com/responsiblegaming
AGE OF MAJORITY
Gambling is an age restricted service in most jurisdictions. By using and/or viewing the SITE you represent and warrant you are at least 18 years of age, or the legal age for gambling in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 years of age, or of the legal age for gambling in your jurisdiction, you must exit the SITE immediately and may not use or access the SITE or print or download any materials from the SITE. You may be asked to verify your birth date as a condition of entry onto the SITE. You agree not to bypass any security and/or access feature on this SITE. Additionally, you acknowledge that the SITE does not assume any responsibility or liability for any misrepresentations regarding a player's age.
By placing a bet or participating in games where stakes are wagered, the Player agrees that the Player have reached the minimum legal age for participation as specified by their respective national law. Furthermore, by placing a bet or participating in games where stakes are wagered, the Player confirms that they possess the legal capacity to enter into an agreement with the SITE. Failure to adhere to these conditions will result in the Player's account being closed and implementation of all other necessary measures.
6.1 General Terms of Membership
Membership results from creating a member account with the SITE. Membership, ID, password or nick name/user name may not be assigned, transferred, or sold to a third party. The SITE and its affiliates disclaim any and all liability arising from fraudulent entry and use of the SITE. If a player fraudulently obtains access, the SITE may terminate membership immediately and take all necessary and appropriate actions under these Terms of Service and under applicable laws and regulations.
6.2 Access & Modification:
You are responsible for providing all equipment and the computer necessary to access the SITE. The SITE reserves the right to modify materials, services, and the SITE's design at any time, with or without prior notice.
6.3 Membership Creation:
You may become a member of the SITE by completing an online registration form, which must be accepted by SITE, and by downloading any necessary software to utilize the SITE's services. Upon submission of the online registration form, SITE or its authorized agent will process the application. In connection with completing the online registration form or at the request by the SITE, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data").
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform SITE of all changes, including, but not limited to, changes in your address and changes in your credit card or other account information used in connection with billing for the SITE.
6.4 Member Account, Password, and Security.
As part of the registration process, you will be issued a unique nick name/user name and password which you must provide in order to gain access to the SITE or parts thereof. You certify that when asked to choose a user name you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party.
We reserve the right to disallow the use of user names that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms of Service or in any other way we, in our sole discretion, deem inappropriate.
You represent and warrant that you will not disclose to any other person your unique nick name/user name and password and that you will not provide access to the SITE to any other person. Always make sure that links that claim to direct you to CasinoRoom.com pages actually does so. Never log-in to CasinoRoom.com without checking that the address displayed in your browser's address window always starts with: http://www.CasinoRoom.com, http://www.EuroPoker.com and/or http://www.betcrib.com. You indemnify the SITE against all activities conducted through other addresses than those that starts with http://www.CasinoRoom.com or http://www.EuroPoker.com
You are solely responsible for maintaining the confidentiality of your nick name/user name and password and are fully responsible for all activities that occur under your nick name/user name and password. You are fully responsible for any unauthorized use of your registered email address that may result in another person getting access to your nickname/user name and/or password. Without limitation of the foregoing, you are responsible for keeping your anti-virus and firewall software updated and for taking other appropriate steps in order to maintain the confidentiality of your nick name/user name and password.
Regarding additional password and account security, you agree to:
Immediately notify SITE of any unauthorized use of your nick name/user name and password or any other breach of security; and
Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the SITE, even if you use the auto login feature provided by SITE, up and until you notify SITE's Customer support by telephone regarding that unauthorized use and confirms the notification from your registered email address. You indemnify the SITE against all activities conducted through your account.
You may cancel your membership at any time by sending an email to the SITE and providing:
Our customer service department with a notice of your intent to cancel the membership along with your nick name/user name; and
Any outstanding fees owed for your membership.
Without limiting other remedies, the SITE may immediately issue a warning, temporarily suspend, indefinitely suspend, and/or terminate your access and use of the SITE, withhold your account balance, temporarily or indefinitely suspend your account, and recover any cash-outs, bonuses and winnings, and terminate this Agreement, with or without advance notice, if:
SITE believes that you have breached any term of these Terms of Service or any policies, guidelines or rules it incorporates by reference;
You fail to pay any amount due by the payment due date;
We are unable to verify or authenticate any information you provide to SITE;
We believe that your actions may cause legal liability for you, our players or SITE.
SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof.
If SITE terminates your account for any cause attributable to you, your account balance is non-refundable and deemed forfeit.
You agree that neither SITE nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the SITE. You agree that if your account is terminated by SITE, you will not attempt to re-register as a member without prior written consent from SITE.
If SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof, SITE may terminate this Agreement and disburse any remaining account balance, less any costs or charges attributable to your account.
Membership is void where prohibited.
Security Check. In order to maintain a high level of security and integrity, SITE reserves the right to conduct a security check at any time to validate your identity, age and Registration Data. To facilitate our security checks you shall provide such information or documentation as requested by the SITE. Failure to provide satisfactory response to the SITE within the timeframe specified by the SITE, will be considered a material breach of these Terms of Service.
Taxes, Duties & Fees. All taxes, duties and fees applicable in connection with any money or prizes awarded to the Player are the sole responsibility of the Player.
If you do not access your account by "logging on" to your account and using your account name and password for any period of 180 days, then after those 180 days (the "180 day Inactivity period") your account (and any related account) will be deemed "Inactive". If your account becomes Inactive, then the SITE will charge you an administrative fee (the "Inactive Administrative Fee") in accordance with the Inactive Administrative Fee policy applied by SITE from time to time. Further, if you do not access your account by "logging on" to your account and using your account name and password for a period of 90 days following the 180 day Inactivity period, your account will be terminated and the account balance will be non-refundable and deemed forfeit.
FRAUD, SOFTWARE BUGS & CHEATING
Any form of fraudulent activity on the SITE, as determined at SITE's sole discretion, is strictly prohibited. Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts (chip dumping), forgery, collusion, and the provision of false Registration Data or other requested information. In addition to any other remedies provided under these Terms of Service, the SITE may pursue claims for criminal prosecution and/or civil damages for any fraudulent activities.
Player agrees not to attempt to exploit any error, virus, bug, defect or inconsistency ("Bug") found in the Software, to their advantage, or to the disadvantage of other players, at any time. Furthermore, Player agrees to report any such Bug to customer service immediately upon discovery of same.
Any form of cheating on the SITE, as determined at SITE's sole discretion, is strictly prohibited. Cheating includes any form of manipulation of the outcome of the hand or game, so that the odds of winning are changed to favor the Player. In particular, and without limitation, cheating includes any form of 'collusion' as that term is commonly understood in the industry. In addition to any other remedies provided under these Terms of Service, the SITE may pursue claims for criminal prosecution and/or civil damages any form of cheating.
SITE reserves the right to return funds to its rightful owner, if determined that funds won by the Player were from an account that itself had obtained these funds fraudulently, or was being used without the account owner's permission.
SITE is committed to fair play and to combating fraudulent activity, and has zero tolerance towards inappropriate play and fraudulent activity. Any Player involved in any form of suspected fraudulent activity will be reported to the appropriate authorities.
LIMITED LICENSE TO, AND INTERFERENCE WITH, SITE
Limited License to Use SITE. Subject to these Terms of Service and in consideration of using the SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the SITE and the materials and Services contained therein. The SITE provides the Materials and Services available on this SITE for the personal, non-commercial use by members, players, viewers, fans, visitors, subscribers and/or potential subscribers of said SITE. Players of this SITE are granted a single copy license to view Materials. SITE reserves the right to limit the amount of materials viewed, or services provided. Any unauthorized use of the SITE or any of the Materials or Services contained therein terminates this limited license effective immediately. This is a license to use and access the SITE for its intended purpose only. Upon termination of this Agreement you shall immediately destroy any information or materials you have downloaded, printed or otherwise copied from this SITE.
Interference. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our SITE's materials, graphics, text, coding, images or Software. The Player hereby agrees not to use any automatic device or manual process to monitor or reproduce the SITE, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the SITE or any communications on it.
RESTRICTIONS ON USE OF SITE
You may use the SITE only for purposes expressly permitted by the Terms of Service of the SITE.
Only one (1) real money account is allowed per household. No person will be allowed to maintain more than one account. The SITE reserves the right to request a photocopy of a government-issued ID or its equivalent, in order to verify the Player's identification. If a Player opens more than one account, the SITE reserves the right to block play for all the Player's accounts except one remaining account.
It is the responsibility of the Player to cash-out any remaining funds before the Player blocks any account(s). Any play money credits, player points, tournament tickets, promotional bonuses or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.
SITE reserves the right to close any other real money accounts that are traced to the same address or computer. In such a situation, any remaining monies may be cashed out by the Player. If promotional bonuses have been deposited into a duplicate account by SITE, SITE reserves the right to remove all bonuses paid into all linked accounts. If an amount of money paid into either of the accounts by the SITE is outstanding, SITE reserves the right to demand that the Player deposits a sum into his/her account equal to the debt owed. This amount shall be removed by SITE in order to settle any outstanding debt.
Player is only allowed to fund two (2) real money accounts on behalf of other players. If Player funds more than three accounts in total, i.e. its own and two other players, SITE reserves the right to block play for all the accounts except one remaining account. SITE reserves the right to withhold account balances on the blocked account(s) indefinitely and to confiscate any and all funds. Any play money credits, player points, tournament tickets, promotional bonuses or coupons within the blocked accounts are non-transferable and in such an instance shall be deemed null and void.
Without the express prior written authorization of the SITE, you may not:
Duplicate the SITE or any of the materials contained therein (except as expressly elsewhere in this Agreement);
Create derivative works based on the SITE or any of the Materials contained therein;
Use the SITE or any of the materials contained therein for any public display, public performance, sale or rental;
Re-distribute the SITE or any of the materials contained therein;
Remove any copyright or other proprietary notices from the SITE or any of the materials contained therein;
Frame or utilize any framing techniques in connection with the SITE or any of the materials contained therein;
Use, publish or distribute any meta-tags or any other "hidden text" using the SITE'S name or marks;
Circumvent any encryption or other security tools used anywhere on the SITE (including the theft of nick names/user names and passwords or using another person's nick name/user name and password in order to gain access to a restricted area of the SITE);
Use any data mining, bots, or similar data gathering and extraction tools on the SITE;
Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the SITE, server or activities conducted therein;
Take any action that imposes an unreasonable or disproportionately large load on the SITE or its network infrastructure;
Decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law;
Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials;
Harass or "stalk" any player or member of the SITE;
Collect or store any information regarding any other player or member of the SITE, except as specifically provided by the normal operations of the SITE and its programming and to the extent permitted by the Prohibited Program Policy;
Transmit, distribute, post or submit any information concerning any other person, member or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
Use the SITE in connection with the distribution of unsolicited commercial email or advertisements;
Assist or aid any third party in doing any of the foregoing.
Use of the SITE encompasses use of certain computer software, coding and information developed by the SITE ("Software"). The SITE grants to Player a non-exclusive, temporary, revocable license, without right to sub-license, to use the Software.
You may not: (a) permit other individual(s) to use the Software unless such other individual(s) agree in writing to accept the terms of this Agreement; (b) modify, translate, reverse engineer, de-compile, disassemble or create derivative works based upon the Software; (c) copy the Software; (d) rent, lease, transfer, sublicense or otherwise transfer rights to the Software; (e) remove any proprietary notices or labels on the Software, including the code underlying the Software; or (f) use the Software for any reason other than your private use. Ownership of the Software, and all rights existing therein, whether sounding in copyright, trademark, patent, trade secret, or any other theory, shall remain the sole and exclusive property of the SITE. Player agrees to return or delete any copies of the Software upon termination or expiration of this Agreement. Player's right to make use of the Software is conditioned on compliance with all of the Terms of Service set forth herein.
DISCLAIMER OF WARRANTY:
You understand and expressly agree that use of the SITE or any of the materials and/or data downloaded or otherwise obtained through the use of the SITE or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
The SITE is provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
SITE makes no representations or warranties that the SITE or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does SITE make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the SITE or any of the materials contained therein. SITE's only obligation, and Player's sole remedy is, at SITE's option, to either (a) have SITE replace your Software with new Software supplied by SITE; or (b) terminate this Agreement and return any fee, if any, you paid to purchase the Software, provided that such fee will not include any costs or losses resulting from your real-money play.
You understand that SITE cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. SITE does not assume any responsibility or risk for your use of the Internet.
SITE makes no warranty regarding any goods or services purchased or obtained through the SITE or any transaction entered into through the SITE and is not responsible for any use of confidential or private information by sellers or third parties.
SITE owner may change any of the information found at this SITE at any time without notice including the Terms of Service without notice. SITE owner makes no commitment to update the information found at this SITE.
The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
We do hereby disclaim any liability for damages that may arise from any player or member providing any services for any purpose that violates any law.
If you are seeking services that are in violation of any applicable laws whatsoever, you may not use this SITE and do hereby agree to exit it immediately.
LIMITATION OF LIABILITY
In no event shall SITE (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the SITE or any of the materials or services contained therein, even if SITE has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if SITE has been advised of the possibility of such damages.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless the SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the materials or services contained therein, or your breach of any of these Terms of Service, or should you violate any law. You do also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with this SITE. SITE shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
PLAYER REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us as follows:
You have read and you understand these Terms of Service.
The execution, delivery and performance by you of these Terms of Service and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time or both, conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you or binding upon your assets or properties; or (iii) any agreement or other instrument applicable to you or binding upon your assets or properties.
LINKS AND LINKING
Some websites which are linked to the SITE are owned and operated by third parties. Because the SITE has no control over such websites and resources, you acknowledge and agree that SITE is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You acknowledge and agree that SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any Terms of Service and privacy policies posted therein. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the Terms of Service of use for those websites, and not by these Terms of Service.
Links to framed websites or inclusions of advertisements therein do not constitute an endorsement by the SITE of such websites or the content, products, advertising, or other materials presented on such framed websites, but are for Player's convenience.
You hereby agree to hold the SITE harmless from any and all damages and liability that may result from the use of links that may appear on the SITE. The SITE reserves the right to terminate any link or linking program at anytime.
Without the express prior approval of the SITE, you agree not to display or otherwise use in any manner any trademarks, service marks, trade names and/or any accompanying logos, used alone or in conjunction with any text, of the SITE, or of a subsidiary or affiliated company to, or of a company of the same group of companies as, or of the ultimate majority shareholders in, SITE.
Other manufacturers product and service names referenced herein or displayed at the SITE may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
The materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software, accessible from the SITE, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the materials to SITE, and SITE or the party that provided the materials to SITE retains all right, title, and interest in the materials.
The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the materials.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service (including the policies, guidelines and rules referred to herein) and the relationship between you and SITE shall be governed by and construed in accordance with the laws of Malta, without giving effect to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Malta for settlement of any dispute, controversy or claim arising out of or in connection with these Terms of Service or the relationship between you and the SITE.
NO AGENCY RELATIONSHIP
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Unless otherwise explicitly stated, SITE does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to SITE shall be deemed to be readily accessible to the general public. Visitors should not use this SITE to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this SITE can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
SITE provides certain community services for discussions and messaging between players, in private or in public. At any time, if the SITE provides a service enabling players to share information or communicate with other players, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material or material infringing the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights while using the SITE or other services included on the SITE.
You acknowledge and agree to that SITE may use means for preventing and removing content posted, including, but not limited to, that is unlawful, harmful, threatening, abusive or otherwise inappropriate or objectionable.
SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the SITE's performance.
23.1 Rights to Injunctive Relief.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. The SITE may transfer these Terms of Service if SITE is acquired by a third party, merged with a third party or if SITE sells all or substantially all of its assets, or otherwise transfer substantially all of its assets to a third party. In this event the SITE will inform you of the transfer.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms of Service, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms of Service will continue in full force and effect.
23.4 Attorney's Fees.
In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms of Service, or relating in any way to the relationship between the parties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
23.5 No Waiver.
No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.
23.7 Complete Agreement.
These Terms of Service constitute the entire agreement between the parties with respect to your access and use of the SITE and the Materials contained therein, and your membership with the SITE, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
SITE reserves the right to change any of the provisions posted herein and you agree to review these Terms of Service each time you visit the SITE. Your continued use of the SITE following the SITE's posting of any changes to these Terms of Service constitutes your acceptance of such changes. The SITE does not and will not assume any obligation to provide you with notice of any change to these Terms of Service. Unless accepted by SITE in writing, these Terms of Service may not be amended by you.
24.2 Collection of Information.
24.3 Use of Collected Information.
24.4 Transfer of Collected Information.