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Cassava Enterprises Limited is fully
licensed and regulated by the laws of Antigua and Barbuda, W.I., for the
purpose of operating virtual casino gambling on the Internet under the name: Casino-on-Net.
Such gambling, however, may not
be legal in some jurisdictions under certain conditions, and in some
jurisdictions may not be legal under any conditions. Please verify the laws in
your jurisdiction before registering and carefully read our terms and
conditions:
SITE USER AGREEMENT
1. Introduction
(i)This User Agreement (the "Agreement") is an agreement between you and Cassava
Enterprises Limited (the "Company") which governs your use of the
casino-on-net.com website (the "Site") and our Software (as defined in Section
4 below). The Company is fully licensed and regulated by the laws of Antigua
and Barbuda for the purpose of operating virtual casino gambling on the
Internet. The Site allows you to download and/or use our Software for the
purposes of gambling on the Internet (the "Service").
(ii)No-one under the age of 18 may download the Software or use this Service under any
circumstances. We reserve the right to request proof of age at any stage to
verify that minors are not using the Service and may cancel a person's account
and exclude a person from using the Software or the Service if proof of age is
not provided or if the Company suspects that a person using the Software or the
Service is underage.
(iii) At all
times, you may only have one 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 and bar you from future use of the Service.
(iv)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 shall apply to you.
2. Agreement
(i) If
you do not agree to any of the provisions of this Agreement you should
immediately stop using the Software and erase the Software from your computer.
By clicking "I Agree"/"I Accept" at the end of the registration to our Software you are bound by the terms and conditions of this Agreement, including any rules
and instructions detailed in the Software (the "Rules"), our "Bonus Policy", our "Cash Out Policy",
our "Responsible Gambling Policy" and our Privacy Policy
all as updated from time to time. 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.
(ii)We reserve
the right to amend, modify, update and change any of the terms of this
Agreement at any time and will bring such changes to your attention by either
email notification to the address you provided us on your Registration Form
and/or by placing an update icon on the "Lobby" page accessible when you use
the Software. Your continued use of the Service or the Software will be deemed
to constitute your acceptance of the changes to this Agreement. We advise you
to check for updates on a regular basis.
3. Compliance With Laws
Internet gambling may not be legal in some jurisdictions. You are
responsible for verifying and complying with the law in any jurisdiction that
applies to you before registering. The Service is directed only towards users
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 agree to 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 any jurisdiction that applies
to you.
4. Intellectual Property
(i)The Company hereby grants you the non-exclusive, non-transferable right to use our
software, including any software downloadable from the Site and all content
derived from the software, including the copyright and all intellectual
property rights therein (the "Software"), in connection with the Service in
accordance with this Agreement.
(ii)The Service
is made available for your personal use only. Any other use is strictly
prohibited.
5. Your Representations
You confirm and agree that:
(i) You are
at least 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.
(ii)All the
details contained in your Registration Form as submitted or any details given
when making a deposit to the Service are true, correct and complete. You will promptly notify us of any
changes to those details. Should any of the information that you provide to us
be untrue, inaccurate or otherwise incomplete, we reserve the right to
terminate your account immediately and/or prevent you from using the Service,
in addition to any other action that we may choose to take.
(iii)Your casino
account is for your personal use only. You shall not allow any third party to
use your account, password or identity to access or use the Service or the
Software. 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 5(i) above
any form of access to the Service or Software. 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.
(iv)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.
(v) You fully
understand the methods, rules and procedures of the Service and Internet
gambling in general and your use of the Service and Software will be made
exclusively in accordance with this Agreement and the Rules. You will not
commit any acts or display any conduct that damages the reputation of the
Company.
(vi)You are
fully aware that there is a risk of losing money when gambling by means of the
Service and that you are fully responsible for any such loss. You agree that
your use of the Service is at your sole risk.
(vii) 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). While we will keep this information confidential, you agree that it
may be necessary, from time to time, for us to disclose certain of these
details to third parties and you consent to such disclosures. Please see our
Privacy Policy for further information.
6. Prohibited Transactions
(i)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 Antigua and
Barbuda). 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 of any suspected unlawful, fraudulent or improper
activity and you will cooperate fully with the Company to investigate any such
activity.
(ii)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 in, access or attempt to break in or access or
otherwise circumvent the Company's security measures, nor may you interfere in
any way with the Services or attempt to make any changes to the Software and/or
graphics. If the Company has a suspicion
that you have attempted to or may be attempting to break in, access or
otherwise circumvent the Company's security measures or the Software, the
Company may terminate your access to the Service immediately and/or have your
account blocked, and the Company shall be entitled to inform relevant
authorities.
(iii)Under no
circumstances shall the Company be liable for any loss whatsoever sustained as
a result of the unlawful or otherwise prohibited activity or conduct of any
person using the Service or the Software.
7. Dormant Accounts
Should you fail to use your account for at least six months your account will be
considered to be a dormant account. The six-month period will be counted from
the date of your last log in to your account. In such cases, the Company shall
levy a monthly administration fee on all dormant accounts at a rate of 10% of
the balance in the account upon the date that the account becomes dormant,
starting from the sixth month in which the account is inactive. Such administration
fee stall may be debited from your account at the end of the sixth month
following your last log-in. The
administration fee will be waived if accounts are re-activated prior to the fee
actually being debited.
8. Payment Transactions and Payment Fraud
(i) 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 offered by
the Company as a consequence. The Company may, in its sole discretion, cease to
provide service or payment to certain users or to users paying with certain
credit cards.
(ii)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.
(iii)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 be liable for any
unauthorized use of credit cards, irrespective of whether or not the credit
cards were reported stolen.
9. Bonus Abuse
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, in its sole discretion, deny, withhold or withdraw from any user
any bonus or promotion, or rescind any policy in respect of that user, either
temporarily or permanently.
10. Obligations of the Company
(i) 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.
(ii)The Company
may, in its sole discretion, decide to take appropriate action against any
person it suspects to be engaging in any unlawful behavior or otherwise
violating the terms of this Agreement, but is under no obligation to do so.
11. NO WARRANTY
(I) 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.
(II)WE MAKE NO
WARRANTY THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER
THAT MAKES IT AVAILABLE ARE 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.
(III)IN THE
EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS RELATING TO ACCOUNT SETTLEMENT OR
OTHER ELEMENTS OF THE SERVICE, WE WILL NOT BE LIABLE TO YOU AS A RESULT OF ANY
SUCH ERRORS AND WE RESERVE THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY
OTHER ACTION TO CORRECT SUCH ERRORS.
(IV) THE COMPANY SHALL
NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY USERS' INTERNET SERVICE
PROVIDER WITH WHOM USERS HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT
HOSTS THE SITE.
12. Limitations of Liability
(i) You
agree that you are free to choose whether to use the Service and do so at your
own discretion and risk.
(ii)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 the Software
or the Service, whether direct or indirect, including, without limitation,
damage for loss of business, loss of profits, 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).
(iii)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.
(iv)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.
13. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors,
employees, agents, contractors and suppliers, harmless immediately on demand,
from and against all claims, liabilities, damages, losses, costs and expenses,
including legal fees, arising out of any breach of this Agreement by you, and
any other liabilities arising out of your use of the Service or Software, or
use by any other person accessing the Service or Software using your user
identification, whether or not with your authorization.
14. Terminate account
We may terminate your account (including your username and password) without
notice if (i) for any reason we decide to discontinue to provide the Service,
(ii) we believe that you have breached any of the terms of this Agreement,
(iii) your use of the Service has been in any way improper or breaches the
spirit of this Agreement, or (iv) for any other reason we see fit. The Company reserves the right to
retain any funds remaining in the account upon such termination.
15. General
(i) 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.
(ii)All
promotions, bonuses or special offers are subject to promotion-specific terms
and conditions and we reserve the right to withdraw them at any time.
(iii)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.
(iv)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.
(v) Unless
otherwise expressly stated, nothing in this Agreement shall create or confer
any rights or any other benefits to third parties.
(vi)Nothing in
this Agreement shall be construed as creating any agency, partnership or any
other form of joint enterprise between you and us.
(vii) This Agreement
contains the entire agreement between you and us relating to the Service. 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.
(viii) 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.
(ix)You may not
transfer, assign, sublicense or pledge in any manner whatsoever any of your
rights or obligations under this Agreement.
(x) In this
Agreement, "you' or "your" 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.
16. Antigua Gaming Regulations
The Company is regulated by the laws and interactive gaming regulations
of Antigua and Barbuda. You acknowledge that the Company may be bound to
disclose certain information about you and your account to the Antiguan
authorities pursuant to such laws and regulations.
17. Governing Law
This Agreement shall be governed by the laws of Antigua and Barbuda and you
irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Antigua and Barbuda.
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