User Agreement

Cassava Enterprises (Gibraltar) Ltd. (the "Company" or "we", "us" or "our") is fully licensed and regulated by the relevant laws of the Gaming Ordinance of Gibraltar for the purposes of operating the website under the name "888 Backgammon" and all transactions between you and the Company take place in Gibraltar where the Company's principal servers are located.

However, the Service (as defined in Section 1.2) may not be legal in some jurisdictions under certain conditions and in some jurisdictions may not be legal under any conditions. The Company makes no representations whatsoever as to the legality of the Services in any jurisdiction.

PLEASE VERIFY THE LAWS IN YOUR JURISDICTION BEFORE REGISTERING AND READ OUR TERMS AND CONDITIONS BEFORE ACCEPTING THIS AGREEMENT. PLEASE PRINT OFF AND RETAIN A HARD COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

1. Terms and Conditions of Use

• This user agreement constitute a legally binding agreement ("Agreement"), as may be updated from time in accordance with the terms hereof, between you and the Company, which operates the 888 Backgammon website (the "Site") and the terms herein shall govern your use of the Site and the Service.

• The Site allows you to download and/or use our Software (as defined in Section 6.1) for the purposes of playing backgammon on the Internet (the "Service"). The Company reserves the right to suspend, modify, remove or add to the Service in its sole discretion with immediate effect and without the requirement to provide you with notice and the Company shall not be liable for any loss suffered by you as a consequence of any changes made

2. Acceptance of Terms and Conditions

• By using the Software or the Service you agree that you have read and understood the terms and conditions of this Agreement and you acknowledge that these terms and conditions in their entirety shall apply to you.

• If you do not agree to any of the provisions of this Agreement you should immediately stop using the Software or the Service and remove the Software from your computer. By marking the "I Accept the Terms and Conditions" box as part of the registration process you are bound by the terms and conditions of this Agreement, the Privacy Policy, the House Rules, the Cash Out Policy and all other rules and policies relevant to your use of the Services and in each case as such may be updated from time to time (all such rules and policies collectively referred to hereinafter as the "Rules"). You are bound by this Agreement in any event if you use the Service or the Software, including, but not limited to, initiating or making a deposit through the Service or submitting your deposit details to us.

• We reserve the right to amend, modify, update and change any of the terms of this Agreement and the Rules from time to time and we will publish any such modified version of this Agreement and the Rules on the relevant page of the Site. In addition, we will provide a link to the relevant version of this Agreement at the foot of the homepage of the Site. Any modified version of this Agreement or the Rules will take effect following fourteen (14) days of their publication on the Site and your continued use of the Service or the Software after the aforementioned fourteen (14) days will be deemed to constitute your acceptance of the changes to this Agreement or, where applicable, the Rules. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and the Rules and we advise you to check for updates on a regular basis.

3. Permitted Participation

• No-one under the age of eighteen (18) or the age of legal consent for engaging in the activities included in the Service under the laws of any jurisdiction that applies to you, whichever is greater, may download the Software or use the Service under any circumstances and any person under the age of eighteen (18) or the age of legal consent for engaging in such activities under the laws of any jurisdiction that applies to you, whichever is greater, who downloads the Software or uses the Service will be in breach of the terms of this Agreement. We reserve the right to request proof of age at any stage to verify that minors are not using the Service. We may cancel or temporarily freeze a person's account and exclude a person from using the Software or the Service if proof of age is not provided following our request or if the Company suspects that a person using the Software or the Service is underage.

• No officer, director, employee, consultant or agent of the Company or of any company existing within the Company's corporate group is permitted to use the Service directly or indirectly. This restriction also applies to relatives of such persons and for this purpose 'relative' includes, but is not limited to, any of a spouse, partner, parent, child or sibling. Further, neither Gibraltarians nor residents of Gibraltar are permitted to download the Software or use the Service.

4. The Game

• We operate the Site so as to provide a platform for users to play backgammon and to bet with each other using the Software. By registering with the Site, you will be able to access (through our Software, as hereinafter defined) the Site's backgammon games ("Games"). Your participation in the Games is for entertainment purposes only and is solely for your own personal enjoyment and non-professional use.

• You may use the Software to communicate your bets to other users of the Software. All bets placed by you are with other users and not with us. We do not assume any risk whatsoever for bets placed between you and any other user. We do not, under any circumstances, either place or accept bets ourselves. In consideration of the Service we charge either:
  
  • a commission (known as a rake) which is calculated in accordance with the House Rules; or
  • a percentage of the "buy-in" fee for tournaments.
• At all times, you may only have one (1) account, for which you will register using your own, correct name. You may not access the Software or use the Service by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Service by means of any other person's account, we will be entitled to immediately close all your accounts, retain all monies therein and bar you from future use of the Service.

• The Company reserves the right to run and utilise a shared table, server and database platform or system ("Shared Game/Table Platform") that will enable players from the Site to play with players from other websites and brands operating on the same Shared Game/Table Platform. You agree that, at the Company's sole discretion, you may be pooled into these common game/tables and that, to the extent that you breach the terms and conditions of one site or brand operating on the Shared Game/Table Platform, the Company may have you blocked, in part or full, from the entire system so that you may not play through any site or brand using/on the Shared Game/Table Platform. You are prohibited from having an account at more than one (1) website on the Shared Game/Table Platform.

5. Compliance with Laws

The use of the Services may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances and that you are solely responsible for verifying and complying with applicable laws in your jurisdiction prior to registering. The Service is directed only towards persons who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that you comply with all applicable laws, statutes and regulations in relation to your use of the Software and the Service. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or this Service by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Service under the laws of the jurisdiction that applies to you. By accepting these terms, you agree to assist the Company; to the extent you are able, with its compliance with applicable laws and regulations.

6. Information Technology/Intellectual Property

• The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the computer programs downloadable from the Site (the "Software") and all content derived from the Software, including, but not limited to, the copyright and all intellectual property rights therein, in connection with the Service in accordance with this Agreement. You may install the Software on a hard disk or other storage device and may make back up copies of the Software, provided that such back up copies are used only by you in connection with the Service through a computer of which you are the principal user. The Software's code, structure and organization are protected by intellectual property rights. You must not:
  
  • copy, redistribute, publish, reverse engineer, decompile, disassemble or modify the Software or make any attempt to access the source code of the Software to create derivate works of the source code, or otherwise;
  • sell, assign, sublicense, transfer, distribute or lease the Software;
  • make the Software available to any third party through a computer network or otherwise;
  • export the Software to any country (whether by physical or electronic means); or
  • use the Software in a manner prohibited by applicable laws or regulations, (together the "Prohibited Activities").
• You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
• The terms 888 Backgammon and 888.com Backgammon and any other trade marks, service marks and/or trade names used by the Company on the Site from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to the Company or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, the Software and the Site you obtain no rights in the Trade Marks or the Site Content and must not use these without the Company's prior written consent.

7. Your Representations and Undertakings

In consideration for the rights granted to you to use the Service and the Software, you represent, warrant, covenant and agree that:

• You are at least eighteen (18) years old, or the age of legal consent for engaging in gambling activities under the laws of any jurisdiction that applies to you, whichever is greater, you are of sound mind and you are capable of taking responsibility for your own actions.

• All the details contained in your Registration Form as submitted or any details given when making a deposit to the Service are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive revenues in your account. Without derogating from the aforementioned, should you use a credit/debit card or any other form of payment which are not in your private and personal name, we will presume that you have received complete and sufficient consent to make use of such payment instrument for the purposes herein from the rightful owner and/or the person whom name is used on such payment instrument, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bare no responsibility in respect to your representations hereunder. You will promptly notify us of any changes to those details. From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the Software or the Service, in addition to any other action that we may choose to take.

• ou shall not allow any third party to use your account, password or identity to access or use the Service or the Software and you shall be responsible for any activities undertaken on your account by a third party. You will not reveal your user name or password to any person or use any other person's account, password, identity or means of payment to access or use the Service or the Software. You shall not allow any person under the age specified in Section 7.1 above any form of access to the Service or Software. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account, password or identity so that we may inspect your account.

• You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to you.

• You fully understand the methods, rules and procedures of the Service, the Software, the Game and Internet gambling in general. You will not commit any acts or display any conduct that damages the reputation of the Company.

• You are fully aware that there is a risk of losing money when using the Service and that you are fully responsible for any such loss. You agree that your use of the Service is at your sole option, discretion and risk.

• You acknowledge that in registering and using the Service you have to provide us with certain personal details about yourself (including details regarding your methods of payment). We may disclose certain of these details to third parties, as set out in the Privacy Policy. You consent to this and to the terms of the Privacy Policy.

• You shall use the Site, the Service and the Software in accordance with the terms and conditions of this Agreement, as may be amended from time to time. You must play the Games according to the backgammon rules and procedures specifically set out in the House Rules and you shall abide by the rules and instructions that relate to and govern any particular event or game.

• You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax of other levy that may be payable on any winnings paid to you.

• You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Service.

• You shall use the Service and the Software only in good faith to both the Company and other players of the Games and in the event that the Company deems that your use of the Service or the Software has been executed in bad faith the Company shall have the right to terminate your account with the Service and any other accounts you may hold with the Company and retain all monies therein and you hereby expressly waive any future claims against the Company in such regard.

8. IFraudulent Activities and Prohibited Uses of the Site and Service

• Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Site is not illegal and that you will not use the Service in any way as a money transfer system. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you (in particular, the laws of Gibraltar). If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Service may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Service and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity.

• Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Service or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company's security measures. If, in the Company's sole discretion, you are in breach of this clause, the Company may terminate your access to the Service immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.

• Artificial Intelligence - Robots: You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence ("AI Software") in connection with your use of the Service. We constantly review the use of the Service in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Service to the offending user, terminating such user's account and seizing all monies held in such account.

9. Your Account

• Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.

• We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password has been entered correctly will be regarded as valid, whether or not authorised by you.

• Monies held in your account shall not attract any interest.

• Should you fail to use your account for six months your account will be considered a "dormant account". The six-month period will run from the date of your last login to your account. In the case of a dormant account, the Company will levy a monthly administration fee at a rate of 10% of the balance in the account on the date that it became dormant. The administration fee shall be deducted from the dormant account commencing from the last day of the sixth month in which the account is inactive and occurring on the last day of every month thereafter, until the balance of the account has reached zero. In the event that you login to your account during the ten-month period during which the administration fee is levied, the Company will cease to levy the administration fee but shall not be obligated to return to you any monies deducted from the account at such time.

• The Company may, at any time, set off any positive balances on your account against any amount owed by you to us.

• We reserve the right to limit or refuse any bet, stake, wager made by you or through your account.

10. Payment Transactions and Payment Fraud

• Each user is fully responsible for paying all monies owed to the Company. In respect of any payment made by you, you agree that you will not make any charge-backs, and/or deny or reverse any such payment and will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence. The Company may, at its sole discretion, cease to provide the Service or payment to certain users or to users paying with certain credit cards.

• We reserve the right to run credit checks on a user, with third party credit agencies, on the basis of the information provided to us on registration.

• We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.

• In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.

• All payments into your 888 Backgammon account must be from a single payment source, such as a credit card, debit card or charge card, on which you are the named account holder.

11. Bonuses

• All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.

• In the event that the Company believes a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Service and/or block that user's account.

12. Obligations of the Company

• The Company has no obligation to check whether users are using the Service in accordance with this Agreement or the Rules, as updated from time to time.

• Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a player against any other player using the Service or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behaviour or otherwise violating the terms of this Agreement, but is under no obligation to do so.

• The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company's error, the Company shall not be liable.

13. NO WARRANTY

• THE SERVICE, THE SOFTWARE AND THE GAMES ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE, THE SOFTWARE OR THE GAMES OR INFRINGEMENT OF APPLICABLE LAWS AND REGUALTIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.

• WE MAKE NO WARRANTY THAT THE SOFTWARE, THE SERVICE OR THE GAMES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR BE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE.

• IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICE OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

• THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

14. Limitations of Liability

• You agree that you are free to choose whether to use the Service and do so at your sole option, discretion and risk.

• We shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Software or the Service, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

• We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Site. We are not responsible for the content of any linked sites.

• You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Service.

• Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.

• You agree that, in the event that the Software or Service fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Site or its contents or any error or omission in content or any other factors beyond our control:
  
  • we will not be responsible for any loss, including loss of winnings, that may result; and
  • if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.

15. Breach of these terms and conditions

• You agree to fully indemnify, defend and hold us and our suppliers harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
  
  • of any breach of this Agreement;
  • violation by you of any law or the rights of any third party;
  • use by you of the Service or Software or use by any other person accessing the Service or Software using your user identification, whether or not with your authorization; or
  • acceptance of any winnings.

• In addition to any other remedy available, if you breach any of the terms and conditions of this Agreement or we have reasonable grounds for suspecting that you have breached the terms and conditions of this Agreement, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.

16. Disputes

• Payment Disputes. Each user is fully responsible for paying any and all monies owed by it to other users and/or the Company. Any claim which a user may have for payment of winnings to it in respect of losing bets placed by another user are against that other user, not the Company. The Company is in no way responsible to pay you if any player fails to pay for whatever reason, or for taking any action whatsoever against such players. Each player is fully responsible for paying all monies owed to any other player using the Service and you assume all risks of receiving payment from other players. All disputes that arise between players, including those relating to payment fraud, are not the responsibility of the Company.

• Gaming Disputes. You accept and agree that the random number generator will determine the randomly generated events required in connection with the Service and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall take precedence and you hereby expressly waive any claims against the Company in such regard. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Service.

• No claims or disputes will be considered more than seven (7) days after the date of the original transaction and all claims or disputes should be raised with the customer service department at Backgammon@888.com.

17. Duration and Termination

• This Agreement shall come into force immediately upon your marking the "I Accept the Terms and Conditions" box as part of the registration process and shall continue in force unless and until terminated in accordance with its terms.

• We may terminate this Agreement and your account (including your username and password) immediately without notice:
  
  • if for any reason we decide to discontinue to provide the Service;
  • if your use of the Service has been in any way improper or breaches the spirit of this Agreement; or
  • for any other reason we see fit.
  Save for as otherwise provided, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.

• You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at Backgammon@888.com, such termination to take effect upon the Company terminating your account (including username and password), which shall occur within seven (7) calendar days after receipt by the Company of your email on our servers in Gibraltar, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

• Upon termination of this Agreement you shall:
  
  • discontinue the use of the Software and the Service;
  • pay all amounts due and owing to the Company; and
  • remove the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
• The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

• Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

• We may terminate this Agreement and your account (including your username and password) immediately without notice if we reasonably believe that you have breached this Agreement or the Rules. In the event of termination under this provision the Company will be under no obligation to refund to you any funds that may be in your account.

18. General

• We reserve the right to modify or terminate the Service or elements of the Service at any time, without notice, and we will not be liable to you as a result of any such action.

• If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

• No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.

• Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.

• Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

• This Agreement contains the entire agreement between you and us relating to the Service and the Games and supersedes any and all prior agreement between you and us. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.

• We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

• You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

• In this Agreement, "you" or "your" or "player" or "user" means any person who uses the Service or the Software under this Agreement. Unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

• Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.

19. Gibraltar Gaming Regulations

The Company is regulated by the laws and interactive gaming regulations of Gibraltar. You acknowledge that the Company may be bound to disclose certain information about you and your account to the Gibraltarian authorities pursuant to such laws and regulations.

20. Chat Feature

• The Company reserves the right to review the chat facility in relation to any Game on the Site and to keep a record of all statements made on such facility. In the event that you use the chat facility on the Site you shall be bound by the following rules:
  
  • Users shall not make statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
  • Users shall not make statements that are abusive, defamatory or harassing or insulting to other Users.
  • Users shall not make statements that advertise or promote any other online entities.
  • Users shall not make statements about the Company, the Site or any other Internet site connected to the Company that are untrue or malicious or damaging to the Company.

• In the event of your breaching any of the above rules, the Company shall have the right to immediately terminate your membership. Upon such termination the Company shall refund to you any funds which may be in your account over and above any amount which may be owing to the Company at such time (if any).

21. Language Discrepancies

These terms and conditions are written and are only available in English. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.

22. Customer Service Department

• For service quality assurance calls made by you to the Company's customer service department may be recorded.

• You hereby expressly consent to the Company using the contact details provided by you on registration in order to contact you directly in relation to your use of the Service or any other products or services offered by the Company from time to time.

23. Governing Law

This Agreement and the relationship between the parties shall be governed by and interpreted in accordance with the laws of Gibraltar and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Gibraltar to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.