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 | | | Overview
| General Terms and Conditions |
Promotional Terms and Conditions
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| General Terms and Conditions
These Terms and Conditions apply to, and are binding upon you if you participate
at the Casino.
These Terms and Conditions replace any pre-existing Terms and Conditions that appeared
on this Casino Website.
In these Terms and Conditions:
- "Account" means a unique Account that has been issued by the Casino;
- this "Agreement" means these Terms and Conditions;
- the "Casino" means the casino situated at the Casino Website and
owned and/or operated by us;
- "Casino Website" means www.DesertDollar.eu or any derivative thereof;
- "Charge-back" means when you, or a credit card issuing bank, or
any other third party payment solutions provider effects a reversal of charges in
relation to your credit card or third party deposit transaction;
- "Locked Account Player" means a Player who has a Locked Player
Account;
- "Locked Player Account" means an Account that has been locked,
closed, deregistered or excluded by either us or you;
- "Dormant Account" means an Account that has been inactive for a
period of 6 (six) months or more;
- "Dormant Player" means a Player who has a Dormant Account;
- "Guest Player" means a Player who utilizes free-play casino credits
with no monetary value to place wagers at the Casino;
- "Participate" means, without limitation, any of the conduct described
in 4.1.1 to 4.1.7 below and visiting the Casino Website and/or playing any games
offered by the Casino at the Casino and/or utilizing the Casino and/or Casino Website
and/or the Software in any manner whatsoever;
- "Player/s" mean(s) a Real Player and/or a Guest Player and/or a
Dormant Player and/or a Closed Account Player;
- "Real Player" means a Player who utilizes his own money to place
wagers at the Casino;
- the "Service" means the availability to, and provision of Software
that enables you to gamble at the Casino using the Internet;
- "Software" means any software owned by or licensed to us that must
be downloaded in order for you to participate at the Casino and/or any Flash Games
versions of the software that do not need to be downloaded;
- "we/us/our" means the operators of the Casino Website and/or its
group companies;
- "Your Jurisdiction" means the jurisdiction in which you are domiciled,
reside or work.
- Your Participation at the Casino
1.1. Participation
1.1.1. Participation at the Casino is at your sole option, discretion
and risk.
1.1.2. You are solely responsible for ascertaining whether it is
legal in Your Jurisdiction to participate at the Casino.
1.1.3. You may only participate at the Casino if it is legal for
you to do so within Your Jurisdiction.
1.1.4. In addition to the provisions of 1.1.3 above, you may only
participate at the Casino if you have attained the legal age of majority within
Your Jurisdiction.
1.1.5. We do not warrant the legality of your participation at
the Casino in terms of the laws of Your Jurisdiction.
1.1.6. We have the right to request that you furnish us with proof
of your identity and age as a prerequisite of your participation at the Casino and
at any time throughout Your participation at the Casino.
1.1.7. You hereby authorize us and our designated agents, as and
when we require, to confirm your identity and your right to use the monies that
you wager at the Casino.
1.2. Your Warranties
1.2.1. You warrant and represent, and we enter into this Agreement
on the basis of such representations and warranties, all of which are material at
the time of your entering into this Agreement and throughout the currency hereof,
that you:
1.2.1.1. are legally able to participate in the Casino within Your
Jurisdiction;
1.2.1.2. are an "adult", having attained the age of majority within
your Jurisdiction;
1.2.1.3. shall not allow any third party (in particular, but without
limitation, any minor/s) to, directly or indirectly, use your Account/s that you
hold at the Casino, utilize the Software or accept a prize from the Casino;
1.2.1.4. have furnished us with personal details that are valid,
accurate and complete in each and every respect and that you shall advise us immediately
via e-mail should such details change;
1.2.1.5. are the true and lawful owner of the monies that you wager
at the Casino and/or that you are duly and properly authorized to utilize such monies
for the aforementioned purposes;
1.2.1.6. shall not deposit nor wager any monies at the Casino that
are derived in any manner whatsoever from illegal activities contemplated in 1.6
below;
1.2.1.7. shall pay all monies owed to the Casino and in respect
of payment shall not charge-back, and/or deny or reverse or countermand any such
payments; and
1.2.1.8. have read and understood these Terms and Conditions.
1.3. Refusal to Register, Deregistration, Exclusion & Suspension
1.3.1. We may refuse to register you as a Player or elect to deregister
and exclude you or suspend you as a Player from the Casino at any time if we deem
that your participation at the Casino is, shall be or has been previously, in anyway
fraudulent, illegal or that your participation is or has been abusive or irregular
in any way.
1.3.2. You acknowledge hereby that the Casino is not obliged to
give you prior notice of its decision to refuse, deregister or exclude or suspend
you, nor to furnish you with any reasons for such decision.
1.3.3. If Desert Dollar becomes aware that a player is underage, we will, except where there are grounds to believe that a fraud has been perpetrated:
1.3.3.1 Suspend the account immediately;
1.3.3.2 Void all wagers that have taken place
1.3.3.3 Refund the value of all deposits net of withdrawals; and
1.3.3.4 Close the account.
1.4. Consequences of Deregistration, Exclusion or Suspension
1.4.1. If we deregister or exclude or suspend you from the Casino
we shall have the right to:
1.4.1.1. withhold payment to you of any contested funds whether
such contested funds are deposits, refunds, bonuses, free monies, casino credits,
payouts or the like; and/or
1.4.1.2. exclude you from all or any other Casinos and/or Poker
Rooms in the group of Casinos of which the Casino is a member; and/or
1.4.1.3. solely determine what criteria you shall have to meet
in order to establish a New Account at the Casino; and/or
1.4.1.4 in the case of fraudulent, illegal or similar misconduct
by you or failure by you to pay any sums due to us:
1.4.1.4.1 furnish any relevant information about you to an intra-group
database recording such mischief and, if necessary, hand over your account details
to a collections agency for the recovery of any sums that you owe us. You hereby
irrevocably authorize us to do so in our absolute discretion, and/or
1.4.1.4.2 have forfeited to us any contested funds that may be
derived by you from fraudulent, illegal or similar misconduct.
1.5. Dormant Accounts
1.5.1. It is recorded that the provisions of this Clause 1.5 only
apply if all of a Real Player's Accounts at the Casino and Poker Rooms constitute
Dormant Accounts.
1.5.2. Any credit balance standing to a Dormant Player's credit
in his or her Cash Balance in his or her Dormant Account will be refunded to the
Player providing that Player claims his or her Cash Balance from the Casino within
six months of the Player's account becoming a Dormant Account. If the Cash Balance
in a Dormant Account remains unclaimed for a period of six months any sums contained
therein shall be forfeited to the Casino.
1.6. Money Laundering
1.6.1. It is recorded that some jurisdictions have strict laws
on money laundering that may impose an obligation upon us to report you to the federal
or local authorities within such jurisdictions if we know, suspect or have reason
to suspect that any of your transactions, amongst other things, involve funds derived
from illegal activities or are intended to conceal funds derived from illegal activities
or involve the use of the Casino to facilitate criminal activity.
1.6.2. If we have knowledge or suspicion envisaged in 1.6.1 above
we may:
1.6.2.1. immediately suspend, deregister or terminate your Account
at the Casino; and/or
1.6.2.2. at our sole discretion, not refund to you any funds held
in such Account; and/or
1.6.2.3. exclude you from all or any other Casinos and/or Poker
Rooms in the group of Casinos of which the Casino is a member; and/or
1.6.2.4. furnish any relevant information about you to an intra-group
database recording such mischief. You hereby irrevocably authorize us to do so in
our absolute discretion.
1.6.3. We reserve the right to report you to the aforementioned
federal or local authorities should we, in our absolute discretion, determine that
we are obliged, by law, to do so.
1.6.4. In order to assist in the prevention of money laundering:
1.6.4.1. no cash shall be accepted to fund any Account at the Casino;
1.6.4.2. no substantial and/or exceptional withdrawals individually
and cumulatively shall be made unless notarised facsimile copies of at least 2 (two)
of the following are received:
Your:
1.6.4.2.1. most recent bank statement for the bank account from
which your wagers have been paid;
1.6.4.2.2. driver's license;
1.6.4.2.3. social security card or a similar document containing
a photographic identification of you;
1.6.4.2.4. current and valid passport; or
1.6.4.2.5. utility bill (e.g. gas, water, telephone etc) bearing
your name and your address registered with us.
1.6.4.3. notwithstanding the aforegoing, we additionally reserve
the right to require any of the above documentation at any time during our dealings
for the purposes of identity verification.
1.7. Publicity
1.7.1. If, whilst playing at the Casino, you win a sum of money
or any other prize regarded by the Casino as worthy of publicity, you agree to make
yourself available for any event of any kind arranged by the Casino in order to
publicise your win and any such prize. You hereby give the Casino permission to
utilize your name, photograph and the content of any interviews relating to your
win and any such prize. Furthermore, you hereby waive all rights in any of these
materials and agree that all rights in and to such materials will belong to the
Casino. The Casino will do its utmost to protect your privacy at all times.
1.7.2. For further information on our privacy policy please see
the relevant link on this Casino Website.
- The Service
2.1. The Service and the Software are provided "as is". We make
no warranty or representation, whether express or implied, in relation to the satisfactory
quality, fitness for purpose, completeness or accuracy of the Service or the Software.
2.2. We shall not be liable for computer malfunctions, failure
of telecommunications service or Internet connections nor attempts by you to participate
in games by methods, means or ways not intended by us.
2.3. We cannot guarantee that the Service will never be faulty
but we will correct reported faults as soon as we reasonably can. If a fault occurs
you should report the fault by e-mail or in writing to Customer Support.
2.4. Although we shall take all reasonable measures to ensure that
the Software and files are free from computer viruses we cannot and do not guarantee
that the Software and files are free of such problems. It is your responsibility
to protect your systems and have in place the ability to reinstall any data or programs
lost due to a virus.
2.5. We may temporarily suspend the whole or any part of the Service
for any reason at our sole discretion. We may, but shall not be obliged to, give
you as much notice as is reasonably practicable of such suspension. We will restore
the Service, as soon as is reasonably practicable, after temporary suspension.
2.6. In the event of a Casino system malfunction all bets are void.
2.7. In accordance with clause 4.2 below, we will not be liable
to you for any loss that you may incur as a result of such suspension or delay.
- Shared Environments
We may impose any limits or conditions that we, in our sole discretion, deem fit
on any persons who open or attempt to open Accounts at the Casino where such Accounts
originate from environments where computers are, or the environment is shared.
- Indemnity & Limitation of Liability
4.1. You indemnify and hold harmless the Casino, its directors,
officers, employees, shareholders, agents and affiliates, the ultimate parent and
parent companies of the Casino and any of its subsidiaries against any and all costs,
expenses, liabilities and damages (whether direct, indirect, special, consequential,
exemplary or punitive or other) arising from any participation by you at the Casino.
The nature of your participation shall include, but not be limited to, inter alia:
4.1.1. visiting, use or re-use of this Casino Website;
4.1.2. use or re-use of any materials at, or obtained from, this
Casino Website or any other source whatsoever;
4.1.3. entry, use or re-use of the Casino Website server;
4.1.4. facilitating or making a deposit into your Account at the
Casino;
4.1.5. wagering or gaming at the Casino;
4.1.6. acceptance and use of any win, prize at or from the Casino;
4.1.7. use or re-use of the Casino software, whether downloaded
from the Casino Website or by any other means or through any other medium.
4.2. In no circumstances whatsoever shall the Casino, its directors,
officers, employees, shareholders, agents and affiliates, the ultimate parent and
parent companies of the Casino and any of its subsidiaries be liable to you in contract,
tort, negligence or otherwise, for any loss or damage howsoever arising from any
cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even
where we have been notified by you of the possibility of such loss or damage).
- Promotions & Competitions
5.1. It is recorded that the Casino shall, from time to time, offer
certain promotions and competitions and that these competitions and promotions may
have separate terms, conditions and rules that are competition or promotion-specific.
5.2. These Terms and Conditions apply to any competition or promotion.
5.3. In the event of a conflict between these Terms and Conditions
and the promotion or competition-specific Terms and Conditions, the promotion or
competition-specific Terms and Conditions shall prevail but only to the extent that
the Terms and Conditions conflict with one another.
- Rules of Play
6.1. In addition to these Terms and Conditions certain Rules of
Play shall apply to you and be binding upon you in respect of your participation
at the Casino.
6.2. You hereby agree to be bound by the aforementioned Rules of
Play as if they were specifically incorporated into these Terms and Conditions.
- Intellectual Property
7.1. We hereby grant you a revocable, non-exclusive, non-transferable
right to use the Casino Website and the Software and all content derived from the
Casino Website and the Software, including copyright and all intellectual property
rights therein, in connection with the Service in accordance with these Terms and
Conditions.
7.2. You acknowledge and agree that all copyright, trademarks and
all other intellectual property rights in all material or content supplied as part
of the Casino Website and the Software shall remain at all times vested in us or
our licensors. You are permitted to use this material only as expressly authorized
by us or our licensors.
7.3. You acknowledge and agree that the material and content contained
within the Casino Website is made available for your personal non-commercial use
only and that you may download such material and content onto only one computer
hard drive for such purpose. Any other use of such material and content is strictly
prohibited. You agree not to (and agree not to assist or facilitate any third party
to) copy, reproduce, transmit, publish, display, distribute, commercially exploit,
tamper with, or create derivative works of such material and content.
- General
8.1. Amendment
8.1.1. The Casino may, without notice to you, amend, alter, delete,
interlineate or add to ("Changes") these Terms and Conditions, the promotion or
competition-specific Terms and Conditions or Rules of Play at any time whatsoever.
8.1.2. These Changes shall become effective, and you shall be bound
by these Changes, immediately upon their posting on the Casino Website.
8.1.3. You agree to regularly review these Terms and Conditions,
promotion or competition-specific Terms and Conditions and the Rules of Play regularly
in order to assess whether any Changes have been made.
8.2. Eligibility
The Casino's employees, subsidiaries and affiliates connected to any referral programs
linked to the Casino, advertising or other agencies, licensees, licensors, distributors
and their other associated or affiliated companies or, in the case of individuals,
the immediate family of such individuals, are not eligible to participate at the
Casino as a Real Player.
8.3. Severability
If any part of these Terms and Conditions is deemed unlawful, void or for any reason
unenforceable, then that part shall be deemed to be severable from the rest of these
Terms and Conditions and shall not affect the validity and enforceability of the
remaining provisions of these Terms and Conditions. In such cases, the part deemed
invalid or unenforceable shall be amended in a manner consistent with applicable
law to reflect, as closely as possible, our original intent.
8.4. Non-Waiver
No indulgence granted by the Casino to you should be construed as a waiver of any
of our or the Casino's rights in terms of these Terms and Conditions.
8.5. Third Parties
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create
or confer any rights on any persons not party to these Terms and Conditions.
8.6. Assignment
We reserve the right to transfer, assign, sub-license or pledge, in whole or in
part, any of the rights and obligations granted to or imposed upon us by these Terms
and Conditions. You may not transfer, assign, sub-license or pledge any of the rights
and obligations granted to or imposed upon you by these Terms and Conditions.
8.7. Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions set out the entire
agreement between us and supersede all prior oral or written agreements, arrangements
or understandings between us. You acknowledge that you are not relying on any representation,
agreement, term or condition that is not set out in this Agreement.
8.8. Interpretation
In this Agreement the headings are used for convenience only and shall not affect
its interpretation. References to persons shall include incorporated and unincorporated
persons; references to the singular include the plural and vice versa; and references
to the masculine include the feminine.
8.9. Applicable Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by
the laws of England and Wales and shall be subject to the non-exclusive jurisdiction
of the Royal Courts of Justice, London, England to which the parties hereby submit,
except that a Party may seek an interim injunction in any court of competent jurisdiction.
8.10. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have
(if any) against the Casino shall be initiated by you within a period of 6 (six)
months of the cause of action arising (the "Prescription Period"); failing which
you hereby forever waive and abandon any right that you may have to enforce such
claim after the Prescription Period and confirm that on the expiry of the Prescription
Period the said claim shall be void, waived and abandoned in law.
These terms were last updated on December 7th, 2009 14:00 (GMT)
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