TERMS AND CONDITIONS
Last Revised: 2022-01-21. Version 4 These Terms and Conditions is a legal agreement ("Agreement") between you ("Player", "Your" or "Customer") and Ellmount Entertainment Limited ("CasinoRoom.com", "We" or "SITE"). Read the following Terms and Conditions before accessing the SITE or using real money with the software (the "Software").
1.1 IMPORTANT! These Terms and Conditions 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 and Conditions. 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 and Conditions.
1.2 The SITE may revise, amend, or modify these Terms and Conditions and our other policies, guidelines, and rules at any time. Player will be notified and requested to approve any material changes. 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.
1.3 You may use and access the SITE only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the SITE. You affirm that you have read and understand, agree and consent to these Terms and Conditions.
RESTRICTIONS AND JURISDICTIONAL ISSUES
2.1Your general registration on the SITE and your legal relationship with the SITE is governed by these terms and conditions. The SITE offers casino games which are operated and licensed by Ellmount Entertainment Limited, a company registered in Malta having company registration number C52868, and its registered address at Ewropa Business Center, Level 3/Suite 701, Dun Karm Street, Birkirkara BKR 9034, Malta.
2.2The games provided by Ellmount Entertainment Ltd are licensed and regulated by the Malta Gaming Authority under license number MGA/B2C/202/2011 (awarded to the company on the 30th September 2011).
2.3You are required to research and comply with any laws and regulations in your jurisdiction before using the SITE's real money gambling services.
2.4You agree to indemnify the SITE’s operators 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.
RISK OF LOSS
3.1 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. Your funds are at all times secure and segregated to regard to the operation of the company as illustrated in clause .27.
ADDICTION AND SELF EXCLUSION
4.1This 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. To learn more on what SITE can help you with, including Self Exclusion please visit our responsible gaming page. We advise you to also contact our customer support advising them of any difficulties you may be having regarding gambling addiction.
4.2As a responsible gaming measure, the SITE will monitor transactions and patterns, whether itself or through third parties.
4.3Player understands that should SITE suspect or identify a Player with a potential gambling addiction, the responsible gaming policy of SITE is to suspend the account immediately.
4.4If you wish to restrict your gambling, you can do so by following our self-exclusion procedure on the SITE at https://www.casinoroom.com/self-block. Alternatively, this facility is available by contacting our customer support team via telephone or live chat or by emailing firstname.lastname@example.org. On completion of this process, we will close your account and return any outstanding balance to you. SITE will have the right in relation to any outstanding Bets, to void such Bets and return the relevant stakes.
4.5As a responsible gaming measure, you have the ability to place financial limits on the amount and wagers and deposits.
4.6A requested limit will have effect immediately the first time it is submitted or in case a prior limit is lowered.
4.7If you increase or remove a limit such change will have effect after a cooling off period of 24 hours under the MGA license. (see Section 2,2). A limit set by the player will be in effect until such time the player decides otherwise.
5.1You must be over the age of 18 or be the minimum age for gambling in your country of residence in order to register an account with us.
5.2 It is an offence for anyone under the age of 18 or the minimum age for gambling to attempt to place a bet or to register an account to attempt to place a bet. 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. If you do not leave the site immediately you risk prosecution. You will be asked to verify your birth date, via external KYC (Know Your Customer) look up, 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 has 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.
5.3There are a number of third party applications that parents or guardians can use to monitor or restrict the use of their device's access to the Internet:
1. Net Nanny filtering software protects children from inappropriate web content. Visit site.
2. CYBERsitter filtering software allows parents to add their own sites to block. Visit site
COMPLAINTS AND DISPUTES
6.1Any and all complaints should be initially reported to Customer Support in writing. A complaint shall be deemed to have been submitted in a valid manner when it contains clear information regarding the Player’s identity (Full name, Date of Birth, Home Address, Registered Email Address, and Mobile Number) and gives all relevant details giving rise to the complaint.
6.2Complaints can only be made in respect of incidents which have taken place not longer than six (6) months from the date of the complaint.
6.3We aim to process your complaint within 10 days after the day on which the complaint was received. This deadline can be extended for another 10 days if the nature of the complaint warrants it. The player will be informed about the extension and the reasons for it during the first 10 days.
6.4Should the initial complaint or grievance not be resolved in a satisfactory manner, the player has the right to escalate your complaint to the ThePOGG.com, the independent Alternative Dispute Resolution (ADR) entity that we have appointed. Complaints to ThePOGG can be sent to email@example.com or submitted via https://thepogg.com/submit-complaint/
6.5You may also use the European Online Dispute Resolution (ODR) platform to make a complaint, which will be resolved by an independent dispute resolution body. https://ec.europa.eu/consumers/odr/main/?event=main.home.show
6.6You may, after exhausting the company’s dispute handling procedures, also bring disputes to the Malta Gaming Authority. Complaints to the Malta Gaming Authority may be made by email on firstname.lastname@example.org or alternatively via https://www.mga.org.mt/support/online-gaming-support/.
7.1 You may become a member of the SITE by completing an online registration form, which must be accepted by the SITE, and by downloading any necessary software to utilize the SITE's services.
7.2 Players may only have one (1) account and must register such account personally. Upon submission of the online registration form, SITE or its authorized agent will process the application.
7.3 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").
7.4 You agree to promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.
7.5 We reserve the right to disallow the use of user names that we, at our sole discretion, deem inappropriate.
7.6 You are solely responsible for maintaining the confidentiality of your nickname/username and password and are fully responsible for all activities that occur under your nickname/username and password.
7.7 You are fully responsible for any unauthorized use of your registered email address that may result in another person getting access to your nickname/username and/or password.
7.8 You agree to immediately notify SITE of any unauthorized use of your nickname/username and password or any other breach of security.
7.9 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 nickname/username and password.
7.10 If a player fraudulently obtains access, the SITE may terminate membership immediately and take all necessary and appropriate actions under these Terms and Conditions and under applicable laws and regulations.
7.11 The SITE and its affiliates disclaim any and all liability arising from fraudulent entry and use of the SITE.
7.12 You may cancel your membership at any time via the SITE or by sending an email to customer support with a notice of your intent to cancel the membership along with your username and any outstanding fees owed for your membership.
7.13 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, if:
7.13.1We believe that you have breached any term of these Terms of Conditions or any policies, guidelines or rules it incorporates by reference;
7.13.2 You fail to pay any amount due by the payment due date;
7.13.3 We are unable to verify or authenticate any information you provide to SITE;
7.13.4 We believe that your actions may cause legal liability for you, our players or SITE.
7.13.5 We decide to cease operations or to otherwise discontinue any of the SITE or parts thereof.
7.14 If the SITE terminates your account for any cause attributable to you, your account balance is non-refundable and deemed forfeit.
7.15 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.
7.16 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.
7.17 If SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof, the SITE may terminate this Agreement and disburse any remaining account balance, less any costs or charges attributable to your account.
7.18 Membership is void where prohibited.
7.19 In order to maintain a high level of security and integrity, the 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 a satisfactory response to the SITE within the timeframe specified by the SITE, will be considered a material breach of these Terms of Conditions.
7.20 All taxes, duties and fees applicable in connection with any money or prizes awarded to the Player are the sole responsibility of the Player.
7.21 Inactive & Dormant Accounts If you do not access your account by “logging in” to your account for a period exceeding 12 consecutive months your account will be deemed “inactive”. If your account becomes Inactive, SITE reserves the right to charge you an administrative fee (the “Inactivity Fee”) of no more than €5 or the equivalent in any other currency, on the date that the account becomes inactive each month thereafter, until the account becomes active or your account balance zero. You will be notified within 30 days prior to any inactivity fees being charged. Furthermore, the SITE reserves the right to close an Inactive Account once the account reaches zero balance. Should you re-activate your account within 3 months of the inactivity fee being charged, you may request reimbursement of the fees by emailing customer support on email@example.com.
If your account remains inactive for a total period of 30 months, your account is deemed “dormant”. The SITE shall make reasonable efforts to contact you to inform that your account is to be closed and advising you to withdraw any remaining funds from the account within a period of time stipulated within that communication. In the event that playeryou cannot be reached within a period of not being less than 30 days from the date of communication, the funds are considered forfeited and you shall have no claim against the SITE for the recovery of funds.
To recover funds from an inactive, closed, blocked or excluded account, contact customer support via email on firstname.lastname@example.org.
CUSTOMER VERIFICATION AND MONEY LAUNDERING
8.1You accept that the SITE will perform identification, credit and other verification checks from time to time as is required by applicable laws and regulations and/or by regulatory bodies whether itself or through third parties (“KYC Checks”).
8.2You agree that the SITE may contact you from time to time with a request to update your data and/or request you to provide the SITE with valid identification documents and/or other documents/information so that the SITE can perform the KYC Checks. The SITE may request any documentation previously provided which would have later expired or would no longer be valid for any reason.
8.3You agree to provide the SITE with all such requested documentation/information and you accept that if you are not able to be provide the requested documentation /information, or unable to provide within the time periods given, the SITE reserves the right to restrict your Account in a manner that the SITE deems appropriate including, but not limited to, by preventing you from depositing, placing bets or wagers and temporarily withholding any funds until the KYC Check is complete and documentation/information you have provided satisfies the KYC Checks to the SITE’s reasonable satisfaction.
8.4The SITE may also from time to time require you to provide further documentation relating to the source of deposited funds, your payment method(s), and/or your personal and/or financial circumstances.
DEPOSITS, TRANSFERS AND WITHDRAWALS
9.1 Information related to the methods available to deposit funds into your account can be found in the Cashier page. You can use any of the methods available to you as specified on these pages as may be amended from time to time. Some methods may not be available in some jurisdictions.
9.2 All deposits into Your account must be from an account or source of which you are the account holder. The full name on the debit/credit card, e-wallet or bank transfer must be identical to the full name on the Player’s account on the SITE receiving the funds. If this is not the case, the deposit will be rejected and the funds returned. Any charges levied by the banks/payment gateways will be deducted from the reversed amounts and any winnings arising from such deposit may be treated as void.
9.3 SITE may charge assigned fees for processing deposits. If such fees occur, they shall be possible to see during the deposit process.
9.4 Funds deposited must be utilised for the placing of bets or for the stake on games.
9.5 In the case of deposits via credit card, the Player may be requested to submit a copy of the front and back of the used credit card showing name, expiration date and the first six and last four digits on the front, and hiding the CVV2 number from the back.
9.6 SITE reserves the right to modify the credit card/ debit limits and/or refuse to process any withdrawals/ deposits. You agree that no charge-backs or other cancellation of deposits will be made to your account without our consent.
9.7 If a charge-back or other cancellation of deposits relating to your account is made without our consent, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with such matter and to refund and compensate us for any losses we incur in relation to such actions, including any expenses incurred by us in the process of recovering such amounts.
9.8 Players are not to treat SITE as a financial institution nor expect interest on their deposits.
9.9 The SITE is not liable for any fees charged by your bank for online purchases.
9.10 You can decide to withdraw part or all of Your funds from Your account at any time. The first withdrawal can be requested after 3 days of registration of the account.
9.11 Should You attempt to withdraw funds that were deposited but not used for wagering, the account may be closed.
9.12 It is a precondition for the processing of withdrawals that You provide SITE with a copy of your valid passport or official identity card (confirming identity and age) and a utility bill (confirming place of residence) and such other documents as SITE may reasonably require to establish your identity. This may include a Player having to provide to SITE a secure code sent to a Player’s residential address.
9.13 Withdrawals to credit/debit card are possible to Visa and MasterCard. For restricted cards we reserve the right to process your payout via bank transfer or other verified method.
9.14 In line with the applicable laws, SITE will remit amounts only to the same account from where the funds paid into Your account originated.
9.15 Credit/debit card payout requests are only be processed to the card(s) that have been used to deposit. Should You have more than one registered credit/ debit card, the payout will be processed to the credit/ debit card from which You deposited the most within the last 6 months.
9.16 The minimum payout amount is €10 or the equivalent in any other currency.
9.17 SITE may charge fees for processing of withdrawals. If such fees occur, they shall be clearly stated when you perform a deposit or withdrawal request.
9.18 SITE reserves the right to subdivide substantial amounts into partial payments.
9.19 You may withdraw a maximum amount of €10,000 in any period of seven (7) consecutive days. You may withdraw a maximum amount of €30,000 in any period of thirty (30) consecutive days. SITE may, in its absolute discretion, permit you to withdraw a higher amount by prior arrangement with SITE.
9.20 The SITE reserves the right to modify the credit card/ debit limits and/or refuse to process any withdrawals/ deposits.
9.21 SITE reserves the right to refuse to process any withdrawals if a Player: a) has breached these Terms and Conditions or SITE has reasonable suspicion that these Terms and Conditions have been breached; b) is under investigation for fraudulent activity or SITE has reasonable suspicion that the Player has undertaken fraudulent activity; c) has exceeded their withdrawal limits.
9.22 Prior to authorizing any withdrawals, SITE reserves the right to take time necessary for the purpose of: 1. verifying the Your identity; 2. verifying Your gaming activity; 3. conducting security and other internal procedures in relation to Your account; and 4. ensuring that the rules that are approved relating to the award of the prizes to players have been complied with.
9.23 The credit/ debit card transaction usually takes between 3 to 5 working days.
9.24 Any suspicious activity on Your account could lead to You being reported to the relevant authorities, freezing of the funds and even the closure of the account. Funds may only be withdrawn from your account once any checks we are required to conduct pursuant to applicable anti-money laundering regulations and rules or other obligations have been successfully completed.
9.25 You can at any time log in to Your account and view a statement of Your account which would show all transactions affected, namely deposits, bonus credits, winnings, bets and withdrawals.
9.26 Should You notice any mistakes in your account balance or otherwise on the SITE You should immediately notify customer support via written or electronic notice that the mistake can be rectified.
9.27 The full credit/ debit card information is never stored by Ellmount and always transmitted in an encrypted way for your security.
9.28 Funds cannot be transferred from Your account to the account of another player or vice versa.
9.29 The SITE’s products are consumed instantly during gameplay. Thus, SITE cannot provide refunds, returns of monies, or cancellation of the requested service when playing. If you play a game with real money, the money will be drawn from your player account instantly.
10.1 The SITE’s bonus terms are incorporated by reference into these Terms and Conditions and can be accessed on the site. In the event of any conflict between the terms set out in this document and the bonus terms, the terms set out in this document will apply.
10.2 Bonus funds may be credited to Your account as part of a promotion, loyalty or other marketing campaigns. If a bonus campaign has in any way been misconfigured, the SITE has the right to alter player balances and account details to correct the mistake.
10.3 Bonus funds cannot be directly withdrawn/paid-out, but must be used for the placing of bets.
10.4 Depending on the promotion, these credits may be convertible to real money funds after fulfilling a specific set of Terms and Conditions associated with the promotion.
10.5 Unless otherwise stated, all bonuses require a minimum deposit of €10 or the equivalent in any other currency and a wagering requirement on the bonus amount, before a Player can withdraw any winnings derived from use of such bonus. Wagering requirements are the number of times a player must wager bonus (non-withdrawable) in the Casino to turn it into real cash (withdrawable).
Casino Room frequently awards bonuses like Free Spins or bonus cash rewards. For example, a sign-up bonus, 100% Deposit Bonus or Free Spin winnings. Unless stated otherwise, all of these are bonus and come with wagering requirements.
10.6 The SITE's standard wagering requirement is thirty-five (35x) times, unless otherwise stated. This means that your bonus amount awarded must be wagered 35x times in the casino to convert your bonus money into real cash that can then be withdrawn. Here’s an example:
You receive €10 in bonus. With wagering requirements, you will need to wager/play through €350 (10x35) in the casino.
Live games are not counted towards wagering.
10.7 A bonus credit must be used within 7 days of it being credited to Your account or else it will expire.
10.8 It is necessary to complete any bonus wagering requirements before cashing out any winnings derived from the use of such bonus monies.
10.9 Player agrees that the maximum win from any free spins welcome bonus and subsequent bets without making a deposit will be capped at €100/$100 or the equivalent in any other currency.
10.10 The maximum permitted bet is $5 or the equivalent in any other currency for bonus wagering purposes ie. placing a Bet on the SITE using a bonus granted to a Player in relation to an initial deposit; an amount which has been won by using a bonus; or any amount which has been otherwise allocated to a Player in relation to a bonus. Upon a breach of this term, the Player agrees that the bonus and any associated winnings from this bonus can be voided by SITE. Gameplay will be audited before any withdrawals are processed.
10.11 Only those games listed in ‘bonus games’ can be played with bonus money and count towards the bonus wagering requirements. Unless otherwise specified, games contribute to the wagering requirements as follows:
Slots: 100% Live Casino and Table Games: Poker 30%, Blackjack 5%, Roulette 10%, Game Shows 10& Virtual Games: 100%
10.12 In case of any bonus Terms and Conditions in different languages, the prevailing language shall be English.
BONUS FRAUD, SOFTWARE BUGS AND CHEATING
11.1 The SITE reserves the right to review transaction records and game logs and upon such a review should SITE at its sole discretion deem a player to be participating in promotional abuse either on their own or as part of a group, SITE reserves the right to: a. Void the bonus and any associated winnings and/or b. Revoke, deny or withdraw a bonus offer from the Player, and/or c. Exclude Player from future promotional offers, and/or d. Terminate the Account with immediate effect 9.11 In case of any bonus Terms and Conditions in different languages, the prevailing language shall be English.
11.2 Any form of fraudulent activity on the SITE, as determined at SITE's sole discretion, is strictly prohibited.
11.3 Fraudulent activity may include, but is not limited to, stolen credit cards forgery, collusion, and the provision of false Registration Data or other requested information.
11.4 In addition to any other remedies provided under these Terms and Conditions, the SITE may pursue claims for criminal prosecution and/or civil damages for any fraudulent activities.
11.5 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.
11.6 Software Bugs 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.
11.7 If the Services contains a bug or misconfiguration that causes incorrect behaviour or payout, SITE has the right to remove the game and void any related Bets and winnings, which were placed after the Bug began causing incorrect behaviour on a game.
11.8 Any form of cheating on the SITE, as determined at SITE's sole discretion, is strictly prohibited.
11.9 Cheating includes any form of manipulation of the outcome of the hand or game so that the odds of winning are changed to favour the Player. In particular, and without limitation, cheating includes any form of 'collusion' as that term is commonly understood in the industry.
11.10 In addition to any other remedies provided under these Terms and Conditions, the SITE may pursue claims for criminal prosecution and/or civil damages any form of cheating.
11.11 Where the Site reasonably suspects that a series of bets placed by a customer or a group of customers which due to a bonus, free bet or any other promotional offer, results in guaranteed customer profits irrespective of the outcome, the SITE reserves the right to reclaim the bonus and in its discretion to void the free bets and/or void any bet funded by the bonus or bonus winnings.
LIMITED LICENSE TO, AND INTERFERENCE WITH, SITE
12.1 The SITE hereby grants you a limited, non-exclusive, 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 Players or visitors of the SITE. 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.
12.2 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
13.1 You may use the SITE only for purposes expressly permitted by the Terms and Conditions of the SITE.
13.2 Only one (1) real money account is allowed per person. No person will be allowed to maintain more than one account. If a player opens more than one account on the SITE, SITE reserves the right to:
a) Block play for any account(s) where it believes such activity has occurred;
b) Withhold account balances on the blocked account(s) indefinitely and to confiscate any and all funds; and/or
c) Close any other accounts that are traced to the same address or computer;
d) Remove bonuses, play money credits, experience points, promotional bonuses from any accounts of such Player.
13.3 It is the responsibility of the Player to cash-out any remaining funds before the Player blocks any account(s).
13.4 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.
13.5 Player is not allowed to fund accounts on behalf of other players.
13.6 Without the express prior written authorization of the SITE, you may not:
13.6.1 Duplicate the SITE or any of the materials contained therein;
13.6.2 Create derivative works based on the SITE or any of the Materials contained therein;
13.6.3 Use the SITE or any of the materials contained therein for any public display, public performance, sale or rental;
13.6.4 Re-distribute the SITE or any of the materials contained therein;
13.6.5 Remove any copyright or other proprietary notices from the SITE or any of the materials contained therein;
13.6.6 Frame or utilize any framing techniques in connection with the SITE or any of the materials contained therein;
13.6.7 Use, publish or distribute any meta-tags or any other "hidden text" using the SITE'S name or marks;
13.6.8 Circumvent any encryption or other security tools used anywhere on the SITE (including the theft of nicknames/usernames and passwords or using another person's nickname/username and password in order to gain access to a restricted area of the SITE);
13.6.9 Use any data mining, bots, or similar data gathering and extraction tools on the SITE;
13.6.10 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;
13.6.11 Take any action that imposes an unreasonable or disproportionately large load on the SITE or its network infrastructure;
13.6.12 Decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law;
13.6.13 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;
13.6.14 Harass or "stalk" any player or member of the SITE;
13.6.16 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;
13.6.17 Use the SITE in connection with the distribution of unsolicited commercial email or advertisements;
13.6.18 Access the site from any location where it is illegal to access online betting or gaming services.
13.6.19 Assist or aid any third party in doing any of the foregoing.
14.1 Use of the SITE encompasses the 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 the right to sub-license, to use the Software.
14.2 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's right to make use of the Software is conditioned on compliance with all of the Terms and Conditions set forth herein.
DISCLAIMER OF WARRANTY:
15.1 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.
15.2 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.
13.3 The SITE makes no representations or warranties that the SITE or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does theSITE 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.
15.4 You understand that the 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.
15.5 The 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.
15.6 SITE does not assume any responsibility or risk for your use of the Internet.
15.7 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.
15.8 This SITE is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to gameplay. Refunds may be given solely at the discretion of the management;
15.9 This SITE accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Site or its content, including and without limitation to: Delays or interruptions in operation or transmission; Loss or corruption of data; Communication or lines failure; Any site or content misuse; Any errors or omissions in content;
15.10 YOU are responsible for your own computer and systems and we cannot be held liable or responsible for any losses made by you as a result of system or communication failures on your part.
15.11 SITE reserves the right to refuse/limit bets as well as to terminate and/or abort games.
15.12 In the event of a casino system malfunction, all bets and winnings are void. Wins made as a result of the malfunction will be reversed and you will be brought back to the situation you were in had the malfunction not taken place. In the event of aborted games for any reason whatsoever by the player, including disconnections or game terminations, all players’ transactions are always accurately recorded on our system. Any “unfinished game rounds” are restored when returning to the game. “Finished game rounds” are not restored, but results can be retrieved by contacting customer support.
15.13 We recommend that YOU have an alternative Internet Service Provider (ISP) for any potential connection problem with your ISP.
16.1 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.
16.2If 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
17.1 You hereby accept that by using the Services, there is a risk you may lose money. Any liability for damages that may arise from any player or member providing any services for any purpose that violates any law. Other than our obligation to pay you winnings which have been won in accordance with these Terms and Conditions our maximum liability to you arising out of or in connection with your access to and use of the Services and/or these Terms and Conditions whether for breach of contract, or tort (including negligence) or otherwise will be limited to the greater of:
a) in respect of any transaction(s) in relation to which the liability in question has arisen, to the amount of Bets placed by you from your account in respect of such transaction(s); or b) ten thousand euros (€10,000).
17.2Subject to aforementioned clause, and to the extent legally permissible, 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: a) direct or indirect loss; b) incidental or consequential loss; c) special or general damages; d) exemplary, or punitive damages; e) 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 or loss.
17.3The limitations listed above apply to 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. SITE is not liable for any problem in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software. SITE cannot guarantee that the service will never suffer from faults; however, we commit ourselves in rectifying the problem as soon as it has been reported or as soon as we possibly can. If You experience a fault in the service provided, please report to SITE immediately. SITE is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and saturation of the telecommunication networks, which could lead to a total or partial access reduction to its services through the web.
17.4 TheSITE reserves the right to temporally suspend the entire or part of the service at its own discretion and without obligation of giving prior notice to the players. Ellmount will not be liable for any loss players may incur as a result of such suspension or delay in service. Nonetheless, we endeavour to pre-notifying suspensions and restoring the service as soon as reasonably possible. SITE reserves the right to reverse a win if the win was generated as a result of an error in the paytable, RNG, system malfunction or in the case of any other obvious or justifiable error.
18.1You 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.
18.2 You agree to indemnify the SITE’s operators 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.
PLAYER REPRESENTATIONS AND WARRANTIES
19.1You hereby represent and warrant to us as follows:
19.1.1 You have read and you understand these Terms and Conditions.
19.1.2 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
20.1 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 the 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 and Conditions 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 and Conditions of use for those websites, and not by these Terms and Conditions.
20.2 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.
20.3 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 any time.
21.1 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.
21.2 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.
22.1 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.
22.2 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
23.1These Terms and Conditions (including the policies, guidelines and rules referred to herein) and the relationship between you and the SITE shall be governed by and construed in accordance with the laws of Malta, without giving effect to conflict of law principles.
24.1 At any time, 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.
25.1 The 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.
26.1 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.
26.2 Assignment. The SITE may assign its rights under these Terms and Conditions 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, SITE will inform you of the assignment. You may not assign, transfer, charge or otherwise deal with your rights and/or obligations under this Agreement without our prior written consent. 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.
26.3 Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
26.4 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 and Conditions, 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.
26.5 No Waiver. No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. 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 and Conditions.
26.6 Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
26.7 Complete Agreement. These Terms and Conditions 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.
26.8 Modifications. SITE reserves the right to change any of the provisions posted herein at any time. You will be notified of any and all changes made to the Terms and Conditions via a “pop up” before entering the SITE. You will be requested to approve the changes in order to continue to use the SITE.
PRTOECTION OF CUSTOMER FUNDS
28.1 All customer funds are completely segregated from the operational economy of the SITE. In the event of insolvency of the SITE or other such finical difficulties relating to the SITE, the customer funds are protected and can be withdrawn at any time via a payment method of the player’s choice